Italian Citizenship by marriage

Italian Law provides the possibility of being nationals of more than one country, i.e. the right to double or multiple citizenship. Said double citizenhsip has several advantages, such as the possibility of living in two different countries and enabling people to travel more freely around the world. The features above are even more advantageous for nationals of countries where an entry visa is required in order to be allowed to enter third countries. Not all passports are the same. Some passports, including the Italian passport, grant entry to most countries without the need of a specific visa, whereas other passports do not provide such privilege.

According to the annual ranking which measures passports on the basis of the number of countries they offer visa-free access to, the Italian Passport ranks No. 3, granting entry to 175 countries without obtaining an advance visa (No 1 grants entry to 177 countries). The Italian passport enables nationals to travel and settle in any EU State without unnecessary formalities.
There are several ways to acquire the Italian citizenship: by marriage, by residence or for reasons of descent from an Italian citizen. Acquiring the Italian citizenship guarantees the right to vote and to stand as a candidate in elections, to perform activities that are reserved to Italian citizens, and to turn to the Italian embassy in any other country in case of necessity.

Before listing other rights and duties arising from the acquisition of the Italian citizenship, a distinction between Italian nationals residing in Italy and Italian nationals residing abroad must be made.

Taxation
It must be specified that, as regards tax matter, Italian Law adopted the “World Wide Taxation” principle and the “territoriality” of income principle. According to the World Wide Taxation principle, all incomes earned in Italy and abroad by a resident national shall be subject to taxation in Italy, whereas Italian nationals established abroad shall pay taxes on incomes earned in Italy only.

Italian Healthcare
Italian Healthcare provides free medical care to all Italian nationals residing in Italy. Such nationals are issued the Italian Health Insurance Card which grants access to medical care. Italian nationals residing abroad are not issued said Health Card, and have access to Italian health care in the case of an extreme emergency only.

Grounds for denial
The granting of the Italian citizenship by marriage or residence is subjected to the discretion of public administration, which can deny it in the event the foreign national has a criminal record. Such provision does not apply to applicants for Italian citizenship by descent and to nationals re-acquiring citizenship.

Time requirements
The present legislation provides for different timeframes for the purpose of applying for the Italian citizenship. Foreign nationals can apply for the Italian citizenship 2 years after the marriage if resident in Italy, and 3 years after the marriage if resident abroad. Such time requirements are reduced to 12 and 18 months respectively if there are children resulting from the marriage.

The application for citizenship by marriage can be filed solely when the time requirements above are met. When applying, the foreign national must be able to provide evidence of certified knowledge of the Italian language not lower than a B1 level (QCER). Upon granting of the citizenship, the applicant is required to provide evidence that no dissolution, annulment or termination of the civil effects of the marriage was performed, and that the spouses are not legally separated.
The procedure consists of 3 steps:

• Step 1. Online filing of the citizenship application
• Step 2. Submission of citizenship application and original documents with the Consulate (if resident abroad) or with the Prefecture
• Step 3. Delivery of the citizenship decree and oath of citizenship

The law provides for the citizenship procedure to be finalized within 48 months after applying.

Aprigliano is a leading Italian Immigration and Citizenship Law boutique offering a wide range of integrated services tailored to the needs of each Client. We provide assistance to our Clients with the citizenship applications both in Italy and in the applicant’s country of residence by working closely with the relevant Italian Consulate. We do not believe that achieving the Client’s desired outcome is enough; what we aim for is exceeding our Client’s expectations by taking care of every single detail. We see our Clients as people, not numbers, with different cultural backgrounds, personalities and expectations. Our goal is to understand each person’s needs in order to provide a tailored service that will make the application process positive and stress-free.
Contact us for more information.