With the Brexit axe about to fall, there is no time to lose in starting the process to become an Italian citizen if you have Italian forefathers or if you have married an Italian or if you have lived in Italy for ten years or more. At the moment there is nothing to suggest that the criteria for Italian citizenship will change once Brexit happens but there may well be a very much longer queue as people realise what will be lost once Britain leaves the EU.
The first-class extremely knowledgeable lawyers in the Giambrone immigration team, under Elze Obrikyte's meticulous eye, have a reputation of successfully overcoming inconsistencies and omissions prior to application enabling our clients to avoid the risk of a rejected application and achieve Italian citizenship.
The main routes to Italian citizenship are as follows:
Heritage -through your Italian ancestors
Italian citizenship is based upon the principle of jure sanguinis (blood right). An individual can apply for Italian citizenship if they have Italian ancestors going back through the generations. If you wish to rely on your paternal line there is no limit to the number of generations from 17 March 1861. Prior to this date, there were no Italian citizens as Italy was not a unified country. This means that the ancestor that you rely on for your right to Italian citizenship application must have been alive on or after this date. The maternal line is different, Italian citizenship through the maternal line can extend through any number of generations from 1 January 1948.
Otherwise, it might be possible to proceed with a judicial claim.
Marriage – through your Italian spouse
Italian citizenship may be obtained by marriage to an Italian. This right extends to all spouses with the exception of those individuals who have a criminal record involving a serious crime, regardless of where or when it was committed. However, there is another circumstance that would result in being denied Italian citizenship by marriage and that is any activity or affiliations that could be considered a threat to the national security and public order.
There are various requirement that must be met, following your marriage to an Italian citizen, under Italian law to enable you to obtain Italian citizenship. An application can be made for Italian citizenship after legal residency in Italy for a period of at least two years, or three years if you and your spouse are living abroad. Also, once the application procedure has started the marriage must continue throughout the entire process of applying for citizenship. There is also a requirement to speak Italian to intermediate level (Security Decree 113).
Residency – through the time spent living in Italy
A non-EU citizen who has legally resided in Italy for ten years or more may apply to be a naturalised Italian citizen. Adequate documentation must be provided and an individual must not have any serious detriments against their character.
EU citizens can apply for Italian citizenship by residency after four years of legal residency in Italy.
If you are considering applying for dual British/Italian citizenship Giambrone's team will be pleased to assist.
If you would like to know more about the processes necessary for achieving Italian citizenship please click here
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.