Italian citizenship iure sanguinis and iure matrimonii

The term “citizenship” indicates the relationship between an individual and the state and is the status to which the legal system attaches the fullness of civil and political rights.

In Italy, the concept of citizenship originated at the time of the establishment of the unitary state and is currently regulated by Law No. 91 of February 5, 1992. 91.

The most common types of Italian citizenship in America, the United Kingdom and Australia are

1. Iure sanguinis (by descent), whereby the person born of an Italian citizen father or mother or the foreign citizen descended from an Italian ancestor who emigrated abroad is an Italian citizen.
2. Iure matrimonii (by marriage or civil union),whereby Italian citizenship may also be granted to a foreign citizen or stateless person who is the spouse of an Italian citizen.

Citizenship iure sanguinis (by descent).

Article 1 of Law No. 91/92 establishes that the child of a father or mother who is an Italian citizen by birth is an Italian citizen, reconfirming ius sanguinis as a cardinal principle in the transmission of citizenship.

Since 1912, in fact, the law has provided that the descendants of Italian citizens who emigrated abroad, who were born in a foreign state and are citizens of that state by ius soli, should also be recognized as Italian citizens.

The conditions required for such recognition are based on:

1. the demonstration of descent from the Italian citizen (the ancestor who emigrated, also known as “dante causa”),
2. the proof of the absence of interruptions in the transmission of citizenship (failure of foreign naturalization of the ancestor “dante causa” before the child came of age and absence of declarations of renunciation of Italian citizenship by the ancestor and all descendants before the birth of the next generation).

Applications for recognition of Italian citizenship by descent must be addressed:

1. to the Mayor of the Italian municipality of residence, if the applicant is resident in Italy,
2. to the Italian diplomatic representation within whose district the applicant resides. For more details click on How to be recognized as an Italian citizen by descent.

Citizenship iure matrimonii (by marriage)

Under the new 1992 legislation, the foreign or stateless spouse of an Italian citizen may acquire Italian citizenship if:

1. after marriage (or civil union), he or she has resided legally for at least two years in the territory of the Republic,
2. after marriage (or civil union), three years of residence abroad have elapsed since the date of marriage.

At the time of the decree granting Italian citizenship, there must not have been a dissolution, annulment or termination of the civil effects of the marriage (or civil union) and there must not be a legal separation of the spouses.

The time limits of two and three years are reduced by half if there are children born to or adopted by the spouses.

This process takes a maximum of 24 months from the submission of the application, extendable up to 36, and requires that the Ministry of the Interior be directly concerned (contact me to find out how to apply).

However, there is the possibility of a faster route for all those who married before April 27, 1983, and who are entitled to automatic recognition of Italian citizenship, even in cases where any divorce has taken place. For more details click on Citizenship by marriage, even if celebrated before 1983.

Conclusion

To speak of Italian citizenship is to speak of European citizenship, which is enjoyed by every citizen of an EU member country, such as Italy, in addition to the citizenship of the country of origin.
And EU citizenship, like Italian citizenship, entails a number of rights, starting with:

• freedom of movement and residence throughout the territory of the Union;
• the right to vote and be elected in municipal and European Parliament elections in the member state of residence;
• protection by the diplomatic and consular authorities of any member state in a third country in which the state of which the person in question is a national is not represented;
• the right to submit petitions to the European Parliament and appeals to the European Ombudsman.

If you have the opportunity to be recognized as an Italian citizen by descent or marriage and would like to learn more, contact me for a consultation!