Italian citizenship by residence: different residence periods depending on the applicant’s nationality

Obtaining Italian citizenship by residence is an option provided for under Italian law for certain foreign nationals who legally and permanently reside in Italy. However, the period of residence required before an application can be submitted is not the same for everyone: the law establishes different periods depending on the applicant’s nationality and certain personal circumstances.

The relevant legal framework is primarily set out in Article 9 of Law No. 91 of 1992, which identifies various situations in which citizenship may be granted by naturalization.

Italian citizenship by residence: how many years of residence are required?

The requirement of legal residence in Italy varies depending on the applicant’s circumstances. In particular, the legislation establishes different periods for citizens of the European Union, citizens of non-EU countries, refugees and stateless persons.

For citizens of a Member State of the European Union, an application may be submitted after at least four years of legal residence in Italy.

The period increases to five years for stateless persons and refugees who meet the conditions established by law.

For foreign nationals from countries outside the European Union, the standard requirement is instead ten years of legal residence in Italy.

The length of residence is therefore one of the fundamental elements to be verified before initiating the procedure for obtaining citizenship.

Certain categories may benefit from shorter residence periods

The legislation also provides for specific situations in which the required residence period is shorter than the standard periods.

One such situation concerns a foreign national who has a parent or a second-degree direct-line ancestor who was an Italian citizen by birth. The same possibility is provided, subject to certain conditions, for persons born in the territory of the Republic.

In these cases, the applicant may obtain citizenship after completing at least three years of legal residence in Italy.

Another specific case concerns a foreign national of legal age adopted by an Italian citizen. In this case, the law provides for the possibility of submitting an application after five years of legal residence in Italy following the adoption.

It is therefore important not to consider nationality alone: before determining the required residence period, it is also necessary to verify whether any family or personal circumstances exist that allow the applicant to benefit from a different period.

Residence must be legal and continuous

For the purpose of calculating the period required for an application, it is not sufficient to have physically stayed in Italy for a certain number of years. The legislation refers to legal residence, an element that must be verified on the basis of the applicant’s registration records and the lawfulness of their stay in Italian territory.

For this reason, anyone intending to apply for citizenship by residence should carefully check their registration history and ensure that the required period has been properly accrued.

Compliance with the required period is, in fact, an essential condition for accessing the procedure, but it does not encompass all the aspects that must be assessed for the granting of citizenship.

From citizenship to the Italian passport

Italian citizenship and the Italian passport are closely related concepts, but they are not the same. An Italian citizen may apply for a passport, which constitutes one of the principal documents evidencing the holder’s ability to travel abroad as a citizen of the Republic.

Consequently, anyone wishing to obtain an Italian passport while currently holding foreign citizenship must first determine which citizenship acquisition procedure applies to their particular circumstances.

In the case of citizenship by residence, the first element to be examined is precisely the period of lawful residence accrued in Italy, taking into account the applicant’s nationality and any personal circumstances that may alter the standard period.

A requirement that must be assessed on a case-by-case basis

The rules governing citizenship by residence therefore do not provide for a single period applicable to all foreign nationals. The period may be four, five or ten years, but it may also be shorter when specific conditions established by law are met.

Before submitting an application, it is therefore advisable to correctly identify the category to which the applicant belongs and verify when the required period of legal residence began to run.

Knowing the applicable period in advance makes it possible to avoid submitting applications prematurely and to approach the procedure for Italian citizenship on the basis of the requirements actually established by law.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.