When is Italian citizenship acquired automatically?
When a child’s parents are Italian citizens; when a child is born on Italian soil, on the condition that the child’s parents are unknown or Stateless; or are foreigners who, pursuant to their country’s legislation, do not pass on their own citizenship to their child; in cases in which a child has been found abandoned on Italian soil; in cases of adoption.
Who can apply for Italian citizenship?
Descendants of Italian citizens; anyone who has served in the Italian Armed Forces; dependent employees of the Italian government, even abroad; residents in Italy for at least 2 years before reaching the legal age of 18. If born and residing legally on Italian soil without interruption from birth until the legal age of 18.
If residing in Italy after 2 years of marriage to an Italian citizen; if residing abroad, after 3 years of marriage to an Italian citizen. In the above period the spouses must not be legally separated and there must be no dissolution or nullity of the marriage or cessation of its civilian effects. The terms are reduced by half if the couple has children.
What if my Italian Ancestor was naturalized before June 14th, 1912?
If your Italian Ancestor naturalized before June 14th, 1912, you do not qualify for Italian citizenship even if his or her child was born before this individual naturalized. Prior to that date, when a native-born Italian naturalized in another country, he gave up not only his own Italian citizenship but also that of all of his minor children, regardless of where they were born. Ancestors who naturalized before June 14th, 1912 cannot pass on Italian citizenship under Italian Law No. 555 of June 13, 1912.
How many generations can I go back to qualify?
There is really no limit of the number of generations, provided your ancestor was born in Italy and emigrated after the beginning of the Kingdom of Italy, March 17th, 1861 and did not naturalize before June 14th, 1912.
I am a foreigner married to an Italian citizen. Am I entitled to Italian citizenship?
If you are a woman and you married before April 27th, 1983, you automatically acquired Italian citizenship at the moment of marriage. After April 27th, 1983, either husband or wife may acquire Italian citizenship after two years of marriage if the couple resides in Italy and after three years if they reside abroad. In both cases you need to file a specific application.
I became an American citizen by naturalization before August 16th, 1992. Can I reacquire my Italian citizenship?
Yes, by declaring you intend to do so, and taking up residence in an Italian Comune within one year from such declaration.
I became an American citizen after August 15th, 1992. Did I lose my Italian citizenship?
No. Those who acquired a foreign nationality after the above-mentioned date have retained their Italian citizenship.
I was born in Italy to non-Italian citizens who were permanent residents of Italy at the time of my birth. Now I live in the United States. Am I eligible to Italian citizenship?
No. Italian citizenship is based on “jure sanguinis” (blood line). As a general rule, foreigners born in Italy are not automatically Italian.
Can I apply for citizenship in Italy or through another Consulate?
Normally, no. You must apply at the Italian Consulate/authority that has jurisdiction over where you reside outside of Italy. You can only apply for citizenship in Italy if you are a permanent legal resident of Italy.
Can I apply with other family members at the same time?
Yes. Applying at the same Consulate with other family members, such as siblings or first cousins, based on the same direct bloodline, and all residing in the same Consular jurisdiction, is possible but each adult will have to present his/her own application supported by a full set of documents.
Can I use other family members’ application?
If one of your family members has already received his or her Italian Citizenship, you cannot use his or her documents. You will need to obtain brand new certified documents (both U.S. and Italian) as part of “your” application. The exception is minor children. If you are applying and you include your minor children, only their birth certificate is required as an additional document (translated to Italian and with an Apostille).
Is my spouse eligible to become an Italian citizen?
Normally, yes, after you acquire Italian citizenship, your spouse is eligible, but you must first register your marriage in Italy, prior to applying. Spouses of Italian citizens can apply for citizenship after two years of marriage if a couple is living in Italy and after three years of marriage if they are living abroad.
Will the Italian Consulate return my documents that I include in my application?
No, no documents will be returned, regardless the outcome of the application. Make sure you order multiple copies as needed for your own record keeping or to use them in case you need to amend U.S. records.
Before submitting your application, make photocopies of each of the document in the application, for your own records.
What documents must be translated into Italian?
All birth, marriage, divorce and death certificates requiring an Apostille must be translated into Italian. Apostilles do not need to be translated into Italian.
What is an Apostille?
Regulated by the Hague Convention of Dec. 5, 1961, apostille is a form of legalization that ensures the document is true and correct and is provided by the Office of the Secretary of State of the State where the document/certificate is issued.
The Apostille is not a stamp on the certificate. It is a document stapled to the birth/marriage/divorce/death certificate by the Secretary of State, and you are by no means supposed to remove the staples.
If you are applying for Italian Dual Citizenship in the U.S., all Birth/Marriage/Divorce/Death records related to the “Italian side” must bear an Apostille of the Secretary of State in which the document was issued (except for the Certificate of Naturalization and/or similar documentation. If you are applying for Italian Dual Citizenship in Italy, additional documents, such as the Naturalization certificate or the Statement of No Record and related documents issued by the federal government, must also be Apostilled by the United States Department of State).
I changed my name as different from my birth certificate. Will this cause a problem?
In principle, the only name acknowledged by Italian Law is the name given at birth to a child and recorded on his/her birth certificate. No name changes are allowed, exception made for two very specific circumstances: if your life is in danger and you need to change your identity, or if your birth name is obscene or is a source of shame.
As a foreigner applying for jure sanguinis, if you legally changed your name prior to applying for citizenship, you must amend your birth certificate. To do so, you generally need to petition your local court for a change of name decree, then contact the department of vital records of the U.S. state in which you were born and ask them to amend your birth certificate, presenting the decree as supporting evidence.
If you did not legally change your name through a court decree, but opted to adopt a new name (commonly, American women adopt the husband’s family name after marriage), such new name will bear no validity under the Italian Law: if you become an Italian citizen, the Consulate will process your application under your maiden name only.
Will Italian Citizenship by Ancestry affect my current citizenship?
In Australia, Canada, Ireland, New Zealand, South Africa, the United States and the United Kingdom, being recognized as an Italian citizen by ancestry will not affect your current citizenship.
Since 15 August 1992 the voluntary acquisition of foreign citizenship no longer leads to automatic loss of Italian citizenship, with the exception of citizenship in any of the following States: Austria, Belgium, Denmark, France, Luxembourg, Netherlands and Norway. (France allows for some exceptions in the cases of facilitated naturalization envisaged in the II Amendment Protocol to the Strasbourg Convention of 24.03.1995).
If you are a citizen of any other country, you should verify your status with the nearest Italian Consulate.
Does Italy allow for “Dual Citizenship”?
Yes, since 1992. On February 5, 1992, the Italian government passed a law (No. 91, Art. 11) stating that any Italian citizen who acquired or reacquired a foreign citizenship after August 15, 1992 would not lose his or her Italian citizenship.
Is there a military obligation when I become an Italian citizen?
On May 8, 2001, the Italian government passed a law (Art. 7, Law 8 May 2001, n. 215) making military service completely voluntary thereafter.
What is A.I.R.E.?
AIRE (Anagrafe Italiani Residenti all’Estero) is the registry of Italians residing abroad.
For people of Italian descent who have successfully pursued and obtained Italian Dual Citizenship, AIRE’s enrolment is a right and a duty. It provides access to consular services abroad and allows the exercise of some important rights, such as the right to vote and the right to renew IDs and travel documents. Enrolment is free of charge.
Italian Consulates require that applicants for Italian Dual Citizenship fill out the AIRE Registration Form and submit it as soon as their citizenship has been approved.
You can download the enrolment form by visiting the Italian Consulate that has jurisdiction over the State or County where you reside.