Italian Citizenship: rights for those born in Italy to foreign parents

Were you born in Italy to foreign parents and later moved abroad? You might be eligible to apply for Italian citizenship after just 3 years of residence in Italy.

Requirements for applying for Italian citizenship

Italian law recognizes the principle of ius sanguinis, however it also includes a limited provision of ius soli: individuals born in Italy to foreign parents do not automatically acquire Italian citizenship at birth, as their parents are not Italian citizens, but notwithstanding that, such individuals may obtain citizenship if:

1. they have lived in Italy continuously until the age of 18; and
2. they apply for citizenship before turning 19 years old.

For those who were born from foreign parents and were eligible in the past for citizenship but left Italy without applying, there is still an opportunity. Article 9(a) of Law 91/1992 allows them to obtain citizenship under more favorable conditions compared to the standard requirements for naturalization.

In this case, they only need to have legally and continuously resided in Italy for three consecutive years, as opposed to the ten years typically required for non-EU citizens.

Specific conditions for the three years of residence

The three-year period of residence must be uninterrupted and maintained until the application is fully processed. If the applicant was previously registered as a resident in an Italian Municipality but then moved abroad, any previous years of residence would not count, as the residency would be considered interrupted.

Additional requirements include:

1. passing an Italian language test at a B1 level;
2. providing a certificate proving no criminal record;
3. demonstrating income generated in Italy, declared through Italian tax filings. The minimum taxable income for the main applicant is approximately Euro 8,000 per year, but this amount increases if the applicant is married or has children or financially dependent relatives.

What does establishing residence in Italy mean according to the law?

Legal residence in Italy is based on:

1. physical presence in the country, which must be regular and continuous, not sporadic or occasional; and
2. the intent to remain and live in Italy for the foreseeable future;
3. Registration with the register of the population (Anagrafe) of an Italian Municipality.

Registering as a resident in an Italian Municipality and comply with one or more of the requisites provided by the law for residency may also trigger Italian tax obligations, so it is advisable to consult with a tax advisor to understand the specific requirements and conditions.

Citizenship application process

The application must be submitted to the relevant authority, which will depend on the place of residence in Italy. The entire process, from submission to completion, can take between 24 and 36 months.

To make a practial example, a Canadian citizen, born in Italy from Canadian and US parents, after living in Italy with his parents for 10 years, moves to Canada with his family. Not having resided in Italy until he was 18 years old, he did not have the opportunity to express his interest in acquiring citizenship before his 19th birthday, so if he wanted to apply for it, he would have to move back to Italy and reside for a minimum of 3 years and then submit his application under the conditions mentioned above.Your Way to Italy: our assistance

Our team is at your disposal to advise you on Italian citizenship applications and, in general, on issues of Italian immigration law and citizenship! #YourWaytoItaly

The content of this article is intended to provide general guidance on the subject matter. It is necessary to seek specialist advice in relation to your specific situation.