Basics
The principles behind the legislation on citizenshipThe Italian citizenship, which is based on ius sanguinis (blood right), for which a child born to an Italian father or mother is Italian is Italian, is currently regulated by law February 5, 1992, n.91 and implementing regulations.
The principles on which Italian citizenship are:
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transmissibility of citizenship by descent "jure sanguinis"
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purchase "jure soli" (for birth on the territory) in some cases
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the possibility of dual citizenship
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the intention to purchase and loss
Granting citizenship
FOR MARRIAGE WITH ITALIAN NATIONAL (Article 5 of Law 91/92)
citizenship under Article 5 of Law No. 5 February 1992 . 91, may be given for marriage, if the following conditions: The applicant
- , alien or stateless person must be married to an Italian citizen for at least 6 months and must have legal residency in a municipality of the province since at least 6 months from the date of marriage. For legal residence means the simultaneous birth registration and possession of a valid residence permit
- If the spouses reside abroad, the application may be filed after three years from the date of marriage
- In those periods should not be intervened dissolution cancellation or termination of the civil effects of marriage and there must be a legal separation
FOR RESIDENCE IN ITALY (Art. 9 of Law 91/92)
- In non-EU national residing lawfully in the territory for at least 10 years
- the Italian national of a Member State of the European Community if legally resident for at least four years in the Italian territory
- All 'stateless political refugee and who is legally resident for at least five years in the Italian
- Foreigners whose father or mother or one of the ascendants in the second grade were citizens by birth or who was born in the territory of the Republic and in Either way, legally resident for at least three years
- Foreigners adopted by an Italian citizen who resides legally in Italian territory for at least five years after the adoption
- alien is served, even abroad, for at least five years employed by the Italian state
Under Article 16, the alien is recognized as a refugee by the Italian equivalent stateless for the granting of citizenship.
Recognition of Italian citizenship on the basis of special laws
Article. 1 of Law 379/2000 published in the Official Gazette no.295 of 19/12/2000 is expected recognition of Italian citizenship to people born and already resident in the territories of the former Austro-Hungarian Empire and their descendants, who meet the following requirements:
- birth and residence in the territories are part of the province of Trento, Bolzano and Gorizia in those already disposed to the Italians in former Yugoslavia under the Treaty of Peace of Paris of 10/02/1947 and 10/11/1975 Osimo.
- emigration before date of 16/07/1920
- statement intended to obtain recognition of Italian citizenship, to be made by the diplomatic-consular authority before 20/12/2010 Italian if the applicant lives abroad or in front of a Registrar of the municipality where the applicant resides in Italy. The declaration, together with appropriate documentation to support the above requirements, it should be forwarded to the Inter-ministerial Committee set up by the Interior Ministry, which expresses its opinion on the susstitenza the requirements of the law.
That legislation provides for the recognition of Italian citizenship to persons who have lost our status civitatis following the Paris Treaty of Osimo 10/02/1947 and 10/11/1975 and to their descendants, in the presence the following requirements:
(a) in cases where article 17 bis, paragraph 1 letter a) of Law 05/02/1992 n.91
- Italian citizenship and residence in the territories ceded to former Yugoslavia to date of entry into force of the Treaty of Paris and Osimo
- loss of Italian citizenship as a result of the abovementioned treaties
- belonging to Italian group
- evidence of direct descendants of the applicant by the person referred to in subparagraph a) and knowledge of Italian language and culture
An application designed to obtain recognition of Italian citizenship is made to Italian diplomatic-consular where the applicant resides abroad or to the Registrar of the municipality where the applicant resides in Italy. In either case the application, together with appropriate documentation to support the above requirements, should be submitted to the Interministerial Commission, established Ministry of the Interior, which expresses its opinion as to whether the conditions required by law.
