Italian citizenship by residency: the income requirement for people with disabilities

Recognition of Italian citizenship is not just a bureaucratic act: it represents full entry into a community, with all its rights and duties. For this reason, the recent ruling by the Council of State has significance that goes beyond the case of a single individual and opens a broader debate on the relationship between rigid rules and the protection of vulnerable people.

The story begins with the rejection of a citizenship application by residency, justified by the absence of the income requirements established by law. Up to this point, nothing new: having a minimum income has always been considered an essential parameter to ensure the applicant’s financial self-sufficiency. However, the situation changes radically when the applicant, during the process, finds themselves facing a disability that compromises their ability to work.

Instead of giving up, they choose to take action: they register at the employment center, participate in training courses, and repeatedly try to re-enter the labor market, eventually securing stable employment. Yet, despite this path of resilience and determination, the administration considered the lack of income in certain years sufficient reason to close the door on their application.

This formalistic interpretation of the law had also been supported by the Regional Administrative Court (TAR). But the Council of State took a different path: it reminded that the Constitution does not merely state abstract principles, but requires that they be concretely respected. Applying the income criteria without considering health conditions and the efforts made to overcome difficulties turns a legitimate requirement into a discriminatory barrier.

The ruling, therefore, invites a perspective that looks beyond numbers and economic parameters. It calls on institutions to adopt a more “forward-looking” approach, capable of evaluating not only the current situation but also the applicant’s potential for future social and professional integration. In other words, what matters is not only the current income but also the applicant’s demonstrated ability to build a path of integration and autonomy.

This decision marks an important turning point: it does not eliminate income requirements, but redefines their application in light of constitutional values. And this is where its historical significance lies: citizenship should not become a privilege reserved for those who have never faced difficulties, but a tool that, while respecting the rules, can include those who have confronted fragility and obstacles, without giving up their willingness to contribute to society.

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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.