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Citizenship

 

Citizenship

CITIZENSHIP

The Citizenship Office is open to the public by appointment only. For information or bookings, please write an email to notarile.hongkong@esteri.it

INFORMATION ON THE PROTECTION OF INDIVIDUALS WITH REFERENCE TO THE PROCESSING OF PERSONAL DATA FOR THE PURPOSES OF RECOGNITION OF ITALIAN CITIZENSHIP JUS SANGUINIS OR OF ITS ACQUISITION BY NATURALIZATION

 

GENERAL FRAMEWORK

Italian Citizenship is based on the principle of “jure sanguinis” (blood right “by descent”) whereby the child born of an Italian father or mother is Italian by birth. However, Italian mothers have been able to pass on their citizenship to their minor children only since 1st January 1948 in compliance with a ruling by the Constitutional Court.

At present Italian citizenship is disciplined by Law No. 91 of 5 December 1992 which, as well as acknowledging the right to hold more than one citizenship, also strengthens the right of the person to choose which citizenship to hold and which to renounce. However, citizenship claims referring to events which took place before 12/05/1992 must be interpreted in compliance with the provisions of previous Law n. 555 of 1912, except for some changes made by the Constitutional Court's rulings in the light of the new Italian family law of 1975.

New “public security regulations” for citizenship applications by marriage and by residence were introduced by Law n.94 of 15/07/2009. Starting 8 August 2009, all applicants, including EU citizens, cannot sign affidavits and must always provide original certifications of all required documents.

IMPORTANT: The recent Legislative Decree n. 113 of 04/10/2018 (Law n.132/2018) has introduced some important regulatory changes to the 1992 citizenship law. In particular, applicants by marriage or residence must provide a language certificate proving an adequate knowledge of the Italian language at level B1 of the common reference framework for the knowledge of languages.

Also please note that starting 5 October 2018 administrative processing times for all naturalization applications have been extended to 48 months (4 years) from the date of the application. This also applies to applications lodged before 5 October 2018.

 

ITALIAN CITIZENSHIP BY DESCENT

A citizen is Italian by birth if:

- he/she has at least one Italian parent;
- he/she was born in Italy and both parents are unknown, stateless or do not pass their own citizenship to their child in compliance with the legislation of their Country of birth.

Italian citizenship may also be granted in the following cases:

1) By deed of recognition signed by the father or mother of a natural child who is a minor;

2) If the child is no longer a minor, he/she must formally accept the Italian citizenship by declaration within one year from the deed of recognition;

3) By adoption, when the minor is adopted by an Italian citizen;

4) By bloodline of descendants of Italian citizens emigrated abroad and who never renounced their Italian nationality.
Foreign citizens of Italian origin residing abroad must lodge their application at the local Italian Embassy/Consulate.

N.B.: From 8 July 2014 in accordance with Law n. 66 of 24 April 2014 and following amendments, applications for Italian citizenship by descent are subject to the Consular fee of 300 Euros (payable in local currency) IRRESPECTIVE OF THE OUTCOME OF THE PETITION.

FORMS

- Application Form for Citizenship By Descent

- Checklist of Documents for Citizenship By Descent

 

ITALIAN CITIZENSHIP BY MARRIAGE
(art.5, Law 91 dated 5 February 1992)

The foreign spouse of an Italian citizen residing overseas can apply for Italian citizenship in compliance with art.1 par. 11 of Law n. 94/2009, which establishes that no affidavits may be accepted and all original certifications must be provided with the application.

The following requirements must be met:

1) Applications may be lodged only after three years from the date of marriage. This period is reduced by half if the couple has natural or adopted children;

2) The marriage must be registered in the registry of the competent Italian Municipality;

3) The Italian spouse must be registered at this Consulate General as an Italian citizen residing abroad. (A.I.R.E.).

Starting from 1st October 2015, applications for Italian citizenship by marriage must be lodged exclusively online by registration on the following website: https://nullaostalavoro.dlci.interno.it/Ministero/Index2. The applicant must fill in every single field and upload all the documents required by the Ministry of Home Affairs, which are:

a) Full birth certificate of the applicant, apostilled or legalized by the competent authorities in the country where the document was issued. The birth certificate must be translated into Italian by a translator recognized by the competent Italian Consulate / Embassy where it was issued.

b) Certificate of no-criminal records from the country of origin as well as from all the countries where the applicant lived since the age of 14. These certificates must be apostilled or legalized by the competent authorities of the country where they were issued and translated into Italian by a translator recognized by the competent Italian Consulate / Embassy where it was issued;

Hong Kong residents can apply for the Hong Kong certificate of no-criminal records only through this Consulate General by coming in person with their HK ID card. No appointment is necessary.

IMPORTANT: No Criminal Record Certificates are valid for only six months from the date of issue by the competent authority.

c) Italian Language certification at level B1 of the common reference framework for the knowledge of languages.

Currently, the only Institutes able to provide such certification are:
- The University for Foreigners of Siena;
- The University for Foreigners of Perugia;
- Roma Tre University;
- The Dante Alighieri Society.

d) Bank draft receipt of a 250 Euro international bank transfer issued to the Italian Ministry of Home Affairs, details as follows:

- Name of the Bank: Poste Italiane S.p.A.

- Beneficiary: Ministero dell'Interno D.L.C.I. - Cittadinanza

- Reference: Cittadinanza per matrimonio - contributo Euro 250

- IBAN code: IT54D0760103200000000809020

- BIC/SWIFT: BPPIITRRXXX

Please remember to specify the reason for the payment, i.e. your name followed by the wording “cittadinanza per matrimonio” (ex.: "CHAN Meng Susan: acquisto cittadinanza per matrimonio").

e) Copy of the applicant's passport

If all documents are uploaded correctly, the applicant will be given an appointment at the Consulate General to present the original documents.

INCOMPLETE ONLINE APPLICATIONS WILL BE REJECTED AND THE APPLICANT WILL NEED TO DEREGISTER FROM THE WEBSITE, REGISTER AGAIN AND UPLOAD A NEW APPLICATION/DOCUMENTS.

After the application is submitted, the average processing time by the Ministry is four (4) years, as long as the marriage is still valid at the time of oath.

IMPORTANT: For procedures regarding documents issued outside Hong Kong and Macao, please refer to the websites of the Italian Consulate competent for that area.

 

FORMS:

- Certificate of No Criminal Record issued by the Hong Kong Police Force

- Affidavit

 

HOW TO TRACK ONLINE APPLICATIONS

You can track the status of your application by registering at the following link https://nullaostalavoro.dlci.interno.it/Ministero/Index2

You will need your application number, date and the name of Prefettura which for overseas applicants must be entered as "ESTERO").

If you do not have your application number, please send an e-mail to the Ministry of Home Affairs (dlci.hd@interno.it) providing your full name and the date of your application. The will send you the necessary information within a few days.

 

ITALIAN CITIZENSHIP BY RESIDENCE AND NATURALIZATION
(art.9 L. 91 - 5 February 1992)

Foreign citizens resident in Italy can apply for Italian citizenship in compliance with art.9 of Law n. 91 of 5 February of 1992, par. 1 and following amendments.

These applications may be granted only by presidential decree upon proposal by the Ministry of Home Affairs in the following cases:
- If the applicant was born and legally resident in Italy for at least three years ( art.9, paragraph 1, letter a) ;
- If the applicant is the child or nephew of Italian citizens by birth and legally resident in Italy for at least three years ( art.9, paragraph 1, letter a);
- If the applicant was adopted as an adult (over 18 years of age) by an Italian citizen and legally resident in Italy for more than five years from the date of the adoption (art.9, paragraph 1, letter b);
- If the applicant is or was employed as a civil servant by the Italian Government, in Italy or overseas, for at least 5 years ( art.9, paragraph 1, letter c) ;
- If the applicant is a EU citizen legally resident in Italy for at least 4 years ( art.9, paragraph 1, letter d);
- If the applicant is stateless or a refugee legally resident in Italy for at least 5 years (art.9, par. 1, letter e);
- If the applicant is a foreign citizen legally resident in Italy for at least 10 years (art.9, par.1, letter f).

As per art.1, par. 11 of Law n.94/2009, applications for citizenship by residence must provide original certifications.

Documents to be submitted together with the application for citizenship by residence are:

1) Historical residence certificate on pre-stamped forms for official use;
2) No criminal records certificate (“casellario giudiziale e dei carichi pendent”) on pre-stamped forms for official use;
3) Family registration certificate (stato di famiglia) on pre-stamped forms for official use.;
4) Certified copies of tax declarations (CUD, UNICO, 730) for the last 3 years of tax payments.

APPLICATIONS MUST BE ADDRESSED TO: The President of the Republic of Italy and submitted to the Provincial Government Office (Prefettura) of the province of residence.

 

ITALIAN CITIZENSHIP BY DECLARATION OF INTENT

If the applicant is the descendant of an Italian citizen (up to the 2nd degree), he/she can be granted Italian citizenship only if:
- he/she has served in the Italian armed forces;
- he/she has been employed as a civil servant of the Italian Government, in Italy or overseas, for at least 5 years;
- he/she has resided legally in Italy for at least 2 years after reaching of legal age.

If the foreigner was born on Italian soil, he/she can obtain citizenship by residing legally and uninterruptedly in Italy from birth to legal age.

For any further information regarding the above cases, please contact the competent Municipality or Prefecture.

 

HOW TO REGAIN ITALIAN CITIZENSHIP

Italian citizenship may be regained:

1) Automatically, 1 year after establishing legal residence in Italy, unless the applicant renounces his/her Italian citizenship during the same period;
2) By Application in the following cases:

- if the applicant is serving in the Italian Armed Forces;
- if the applicant is hired as a civil servant by the Italian Government, in Italy or overseas;
- if the applicants is resident abroad and provides the Italian Embassy/Consulate with a statement of intention to regain Italian citizenship and establish the residence in Italy within one year from the such declaration;
- if the applicant is an Italian woman who lost her Italian citizenship by contracting marriage with a foreigner before 1st January 1948.


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