Italian citizenship and naturalization: the case of children born in Italy to foreign parents

Minors who have come of age must be able to prove their continued residence in Italy from birth until they reach the age of 18 by providing certificates of school enrollment, vaccination certificates, and residence permits from both their parents, within which they may have been registered as minors, and their own.

According to the most recent guidelines, proof of continuous residence in Italy can be provided by any means, with any available documentation and, above all, with a view to favoring the new adult, the regularity of residence and/or registry registration can also be disregarded since the same, during the minor's age, are fulfilments in the hands of the parents whose negligence cannot prejudice the position of the minor children who have come of age.

The current legislation provides, even in cases where the applicant is a minor, the possession of an individual residence permit (pursuant to Law No. 11/2016), however, the jurisprudential orientations and practices of Italian municipalities in recent years are increasingly oriented to the concept of protection of the minor, such that the same cannot be denied faculties and rights for facts due to actions or omissions of the parents who should act on behalf and in the name of the same.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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.