Italian citizenship through marriage and civil Union: the possible changes and why it’s not wise to wait to start the process

Italian citizenship through marriage or civil union is one of the most chosen paths for those who have an emotional connection with an Italian citizen. It represents a concrete way to become part of the national community not only through legal ties but also through identity and participation. It is no coincidence that Italian law recognizes this possibility as a natural extension of the principle of family, provided certain requirements of stability and cohabitation are met.

The reference legislation is Law No. 76 of 2016, known as the Cirinnà Law, which marked a historic turning point in Italian law. With it, Italy finally recognized civil unions between same-sex couples, equating them to marriage in most rights and duties, including the possibility of obtaining Italian citizenship. As a result, both married heterosexual couples and same-sex couples in civil unions now enjoy equal opportunities to access citizenship recognition.

However, the process is neither automatic nor free of complexities. To obtain citizenship, the couple must demonstrate the existence of a stable and lasting relationship: the law requires at least two years of cohabitation if the spouses or partners live in Italy, or three years if they reside abroad. This period is halved in the presence of common children, whether biological or adopted, with a clear intention to promote family stability. It is crucial that the marriage or civil union remains valid and in force until the conclusion of the procedure: a separation or dissolution during the administrative phase would result in the immediate invalidation of the application.

In addition to the stability of the relationship, the Italian authorities carefully examine the personal situation of the applicant. For example, it is necessary that there are no serious criminal convictions, that the documentation is complete and complies with legalization and translation rules, and that the applicant demonstrates Italian language proficiency at a B1 level, as established by the Common European Framework of Reference. This language requirement, often underestimated, is essential to demonstrate effective integration into Italian society and respect for its cultural values.

The administrative procedure is now entirely digital through the Ministry of the Interior’s portal. Once the application is submitted, the territorially competent Prefecture verifies the regularity of the documents and the existence of the required conditions. In theory, the law sets a maximum term of thirty-six months for completing the process, but in practice, the timing can vary significantly due to additional checks or potential irregularities in the submitted documentation. It is therefore strongly advisable to rely on experienced professionals or specialized law firms, capable of anticipating potential obstacles and reducing the risk of delays or refusals.

A particularly delicate aspect concerns the recognition of civil unions celebrated abroad. Before applying for citizenship, it is essential that the marriage or union has been correctly registered in the Italian civil registers. Failure to register or formal errors can significantly slow down the process or lead to rejection of the application. Similarly, handling foreign documents requires meticulous attention: apostilles, legalizations, and official translations must be perfectly in order to be accepted by Italian authorities.

All these elements help outline a clear picture: obtaining Italian citizenship through marriage or civil union is certainly possible, but it involves a process of precision and consistency. For this reason, it is not advisable to delay starting the procedure. Postponing can expose applicants to the risk of future legislative changes that may make the process more restrictive or require restarting due to expired documents or new administrative requirements. In particular, the Italian Government is currently discussing a potential reform of the Italian citizenship law, which could radically change the landscape, stipulating that applications could only be submitted by those residing in Italy, and not by those living abroad.

In conclusion, the Cirinnà Law and subsequent developments in Italian legislation have established a fundamental principle: all citizens, regardless of the type of formalized emotional bond, should be able to share the same rights and opportunities. However, the bureaucratic process requires expertise, patience, and attention to detail. In a constantly evolving legal context, the wisest advice is to act now, taking advantage of current conditions and securing a peaceful future as full Italian citizens, holding an Italian passport in hand.

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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.