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Italian citizenship by marriage or civil union

  1. Legislation
  2. Requirements
  3. Documents
  4. Procedure

Step 1 How to register and submit an application
Step 2 Consular Assessment
Step 3 Assessment by the Ministry of the Interior in Rome
Step 4 Decree, official notification and oath

  1. Fees
  2. Useful contacts and links


1. Legislation

Those who apply for citizenship by marriage or civil union must be aware of the duties and responsibilities that citizenship entails, which include compliance with national values and irreproachable behavior.

The acquisition of Italian citizenship by a foreigner or stateless person who married an Italian citizen on or after April 27 1983 is currently governed by Law no. 91 (passed on February 5, 1992), specifically articles 5, 6, 7 and 8 and its subsequent amendments.

Italian citizenship applications may also be submitted by a foreign citizen who has entered into a civil union with an Italian citizen. The civil union must be registered in the Vital Records Registry of the relevant Italian comune (municipality) – (Decrees 5, 6 and 7/2017).

The foreign spouse, or partner in a civil union, may acquire Italian citizenship upon request, provided they meet the legal requirements, as outlined below.

Relevant legislation:

Law no. 123 of April 21, 1983

Law no. 91 of February 5, 1992

Law no. 9/2009

Law no.76/2016 and decrees no. 5, 6 and 7 of January 19, 2017

Decree no. 113 of October 4, 2018 and Law no. 132 of December 1, 2018

Decree no. 130 of October 21, 2020 and Law no. 173 of December 18, 2020

 

  1. Requirements
  • Residence within the territorial jurisdiction of the Consulate General of Italy in New York:

– Applicants must submit their application exclusively at the Italian Consular Authority or Embassy that has jurisdiction over their town/city of residence using the online portal (see point 4. Procedure, Step 1 How to register and submit an application)

– The Italian spouse,or partner in a civil union, must be a resident of the same Consular jurisdiction, must be legally registered in A.I.R.E. (Anagrafe degli Italiani Residenti all’Estero – Register of Italians Residing Abroad) and must live at the same address of the applicant. Should the Italian spouse live elsewhere, both parties must provide documentation in support of their separate domiciles (e.g. work contract, children’s schooling, medical care bills or other);

  • Submission Dates: the application can be submitted three years after the marriage/civil union if the spouse is an Italian national jure sanguinis. (i.e. from birth). If the Italian national naturalized after the marriage (e.g. they established permanent residence in Italy), the three years start from the date the naturalization occurred. The three years are reduced to a year and a half if the couple has minor children (born to them or adopted);
  • Registration of the marriage/civil union and its legal validity:

– If the marriage occurred outside of Italy, the marriage must be registered at the Italian spouse‘s comune (municipality) of reference in Italy;

– The marriage/civil union must stand until the citizenship decree is issued and implemented (i.e. the applicant is officially sworn in as a citizen). This means that no dissolution, annulment or termination of the civil effects of the marriage/civil union (e.g. legal separation, divorce, etc.) must have occurred at the time the decree takes effect (i.e. on the day of the oath of allegiance). If the Italian spouse passed away AFTER the application was submitted and accepted, the surviving spouse can still acquire citizenship.

  • Criminal History Records

– No convictions by the Italian judicial authorities for offenses that carry a sentence of more than three years’ imprisonment;

– No convictions by foreign judicial authorities that carry a sentence of more than one year for non-political offenses;

– No convictions for offenses against the State;

– No impediments related to the security of the Italian Republic;

  • Knowledge of the Italian languageat the B1 level (minimum requirement) of the Common European Framework of Reference for Languages (CEFR);
  • Payment of all required taxes and fees listed in the Fees

 

  1. DOCUMENTS (must be submitted at the time of application)
  • Original birth certificate (or its legal equivalent) issued by the country in which the applicant was born and, if possible, dated no more than six months before the application date. The birth certificate must include all of the applicant’s personal details as well as the parents’ names and dates of birth, it must be duly legalized/apostilled and translated into Italian. The Italian translation must be certified as “complete and true to the original” by the Italian Embassy/Consulate in the country where the long form birth certificate was issued, or (if applicable) must be certified by the sworn translator and legalized by apostille. If the applicant was born outside the US, please check with the Italian Consular authority in the country where the certificate was issued for current regulations on how to obtain the certificate and certify its translation. For the certification of US birth certificates please email newyork.matrimonio@esteri.it
  • Information regarding US birth certificates
    Birth Certificates in the US must be issued in long form (also known as ”extended form”) by the state in which the applicant was born and legalized by apostille. In the US, apostilles for Vital Records documents are issued by the Secretary of the State of the same state where the certificate originates. The apostille legalizes the signature of the official that issued the certified copy of the certificate (e.g.: County Clerk, City Clerk, Director of Vital Statistics etc.). To obtain an apostille for certificates issued in the states of New York, New Jersey and Connecticut please see information here.

For all other US states, please check specific regulations and procedures with the local authorities of the state where the certificate originates, or check the website of the Italian Consular Authorities who have jurisdiction in that specific US state.

Italian translations of US birth certificates must be certified as accurate and true to the original by this Consulate General. Please email newyork.matrimonio@esteri.it for more information.

  • Criminal Record certificates must be submitted for the country of origin and for every country the applicant lived in from the age of 14 (except Italy), as well as for the countries of which the applicant is still a citizen. It is not necessary to submit a criminal record for the country of origin if the applicant left it before 14 years of age AND they are NO LONGER a citizen of that country. It is mandatory that ALL criminal record certificates are issued no more than six months before the application date, they must be duly legalized/apostilled and translated into Italian.

Italian translations of US criminal record certificates must be certified,as accurate  and true to the original, by this Consulate General. Please email newyork.matrimonio@esteri.it for more information.

Please note that for those who took their spouse’s last name or legally changed their name, the criminal record certificates must reflect all names (a.k.a. or “formerly known as”).

Information regarding criminal records (background checks) in the US

For the US, the applicant MUST submit criminal record certificates for the state of origin, state of current residence and every US state they lived in from the age of 14. Additionally, they must also submit a federal background check, issued by the Federal Bureau of Investigation (FBI-CJIS Division). The apostille for the FBI criminal record certificate must be issued by the Department of State in Washington DC. The Apostille must legalize the signature of the FBI official that signed the certificate.

The New York Criminal Records Certificate is issued by the New York State Division of Criminal Justice Services. The apostille must be issued by the New York Department of State and must legalize the signature of the officer that signed the certificate. Please note: this is the only accepted certificate. All other certificates issued by the New York Police Department or by the state or local courts are NOT accepted for this application;

The Connecticut Criminal Records Certificate is issued by the Department of Emergencies, Services and Public Protection, Division of State Police – Bureau of Identification. The signature of the officer who signed the certificate must be legalized by a Notary Public within the Bureau. The apostille must then be issued by the Secretary of State of Connecticut;

The New Jersey Criminal Records Certificate is issued by the New Jersey State Police (NJSP).  The signature of the officer who signed the certificate must be legalized by a Notary Public inside the State Police Office. The apostille must then be issued by the New Jersey Department of Treasury.

N.B. For all other US States please check with the relevant Italian Consular authorities who have jurisdiction in that state for current regulations on how to obtain the certificates and the apostilles. Here’s a list of Italian Consular Districts in the US: https://ambwashingtondc.esteri.it/en/chi-siamo/la-rete-consolare/

Please note that each criminal record certificate must be legalized with an Apostille issued by the relevant appointed authority of the state where the certificate was issued.

Italian translations of US criminal record certificates must be certified, as accurate  and true to the original, by this Consulate General. Please email newyork.matrimonio@esteri.it for more information.

  • Receipt of payment for EUR 250.00 to the Ministero dell’Interno (Ministry of the Interior) as specified in the Fees Section (point 5, below).
  • ID: photocopy of your valid passport (please only upload the pages with personal details, photo, issue and expiry date).
  • Copy of the atto di matrimonio or the  estratto per riassunto del registro dei matrimoni (extract of an official entry in the register of marriages), to be requested from the Italian comune (municipality)  where it is registered, issued no more than the six months before the application date.

N.B.  Marriage certificates “Certificato di matrimonio” will not be accepted.

PLEASE NOTE: If the applicant is a EU national, they may submit a self-certification instead of the estratto per riassunto del registro dei matrimoni  (pursuant to the Presidential Decree 445/2000).

  • Italian Language Certification at the B1 level (minimum requirement) of the Common European Framework of Reference for Languages (CEFR).  Only certifications from the flowing institutions are accepted:
    • PLIDA societa’ Dante Alighieri
    • CertIt Universita’ Roma Tre
    • CILS Università’ per Stranieri di Siena
    • CELI Universita’ per Stranieri di Perugia
    • Ce.Co.L. Universita’ per Stranieri di Reggio Calabria

These are the only CLIQ (Certificazione Lingua Italiana di Qualità – Quality Italian language Certification) certifying bodies and any other certifications will not be accepted.

Please see the link below for a list of authorized centers, within the Consular district of the Consulate General of Italy in New York, where you can sit the exam and obtain the language certificate:

Dove sostenere l’esame di lingua per la circoscrizione di New York

Applicants who meet the following criteria are not required to submit the language certificate:

    1. Foreign nationals (even though they subsequently moved abroad) who have already signed the “integration agreement”, as per art. 4 bis of Legislative Decree no. 286/1998 Testo Unico Immigrazione (Consolidated Immigration Law);
    2. Holders of an EU long-term residence permit issued in Italy as per art. 9 of the above Consolidated Law. Permits issued in other countries and/or resident permits for family reasons are not suitable and will not be accepted.
    3. Holders of diploma/degree obtained in a public or private educational institution which is officially recognized by the Italian Ministry of Education and Research and/or by the Italian Ministry of Foreign Affairs and International Cooperation.


4. PROCEDURE

STEP 1 – Step 1 How to register and submit an application
You must register on the portal of the Ministry of the Interior using your email address (no SPID required). Please click here to register: https://www.interno.gov.it/it/temi/cittadinanza-e-altri-diritti-civili/cittadinanza/cittadinanza-invia-tua-domanda.

N.B. IMPORTANT GUIDELINES

Please note that the email address provided in the online application is your official contact address (art. 47 of the Civil Code). Therefore, it must be kept active for the entire duration of the process and you need to check it regularly since all communications, including requests for additional documents, appointments, notifications etc. will ONLY be sent to that email address.

Please take care when registering on the portal because the details provided CANNOT be amended and, if you enter the incorrect personal details, you will have to create another account using a different email address. Pay particular attention to HOW you enter your NAME, DATE and PLACE of BIRTH, which must match your BIRTH CERTIFICATE. If there are discrepancies between your current name and the one on your birth certificate, you MUST provide official legal documentation in support of the name change. This can be either a birth certificate with annotations of the change and when/how it occurred, a foreign marriage certificate which clearly identifies the new name (i.e. such as SURNAME AFTER MARRIAGE or NEW SURNAME) or an existing court order issued by the Court who granted the name change.

The birth certificate, as well as any supporting documents, must be duly legalized/apostilled and translated into Italian.

You must list ALL your residencies (places you have lived in) since you were 14 and up to now, even within the same state/city, in the section DICHIARAZIONE DI RESIDENZA. PLEASE DO NOT LEAVE ANY GAPS.

Do not use any special characters or symbols (i.e. cedilla, graphic stress or accent  marks etc.). You may only add a stress mark if there is one at the end of a word by adding an apostrophe. All other characters cannot be entered.

You must also include and list any minor children from a previous relationship on the application form;

N.B. PLEASE ENTER YOUR NAME(s), SURNAME, DATE and PLACE OF BIRTH EXACTLY AS THEY APPEAR ON YOUR BIRTH CERTIFICATE.

Any technical questions must be addressed directly to the Ministry of the Interior who has set up a customer service tool with FAQs and a dedicated Help Desk (the link is on the portal’s Homepage).

Once registered, you can submit your application online and upload all the necessary documents on the relevant portal of the Italian Ministry of the Interior: https://portaleserviziapp.dlci.interno.it

 
STEP 2 –  Consular Assessment
A Consular Officer will receive an automatic notification that your  application has been submitted and will carry out an assessment.

You will then receive a message through the portal of the Ministry of the Interior informing you of the outcome of your application.

Should the application be rejected, the message will include the reason(s) and you will be allowed to resubmit using the same payment receipts (your payments are valid for a year).

If your application is accepted, you will be invited to attend an in-person appointment at the Consulate. The appointment will be scheduled for you by the Consular Officer handling your application and you will receive an email with further instructions. During the in-person appointment you will be asked to sign the application in front of a Consular Officer, submit all the ORIGINAL physical documents (including all the ones documents that you uploaded in the portal) and pay the Consular fees.  All your original documentation will be kept on file at the Consulate and WILL NOT be returned (except for your passport and original language certificate, for which a certified copy will be made and the relevant consular fees collected).


STEP 3 – Assessment by the Ministry of the Interior in Rome

Your application will then be evaluated by the Ministry of the Interior within 24 months from the submission date. The 24 months can be extended to a maximum of 36 months. The final decision on your application is made EXCLUSIVELY by The Italian Ministry of the Interior. Should your application be successful, the Ministry will issue your Citizenship Decree and send it to the Diplomatic/Consular mission who has jurisdiction in the area where you reside at the time the decree is issued.

STEP 4 – Decree, official notification and oath

Following receipt of your decree, the Consulate will notify you through the portal. You will receive a message with a copy of your decree and a letter with further instructions. Prior to being sworn in as an Italian citizen, on the day of your oath ceremony, you must provide the following documents:

– Atto integrale di matrimonio (long form marriage certificate, not the estratto di matrimonio) to be requested from the Italian comune (municipality) where it is registered, issued after the date printed on your citizenship decree.

– Federal background check, issued by the Federal Bureau of Investigation (FBI-CJIS Division), duly apostilled and translated into Italian. See step 3;

– Criminal record certificate for the US state of current residence, duly apostilled and translated into Italian. See step 3.

The documents must be dated after the date on the decree and the oath MUST be taken no later than 6 months from the date of notification of your decree.

PLEASE NOTE no dissolution, annulment or termination of the civil effects of the marriage/civil union or legal separation must have occurred at the time of your oath. If the Italian spouse passed away AFTER you submitted your application, you can still take the oath of allegiance and become an Italian citizen.

You will be invited to take your oath and pledge allegiance to the Italian Republic at the Consulate WITHIN 6 months of the date your decree was notified to you.

IMPORTANT: the 6 months deadline is mandatory and there are no exceptions or extensions. Failure to take the oath within 6 months you will lose your right to become an Italian citizen.

The oath statement (i.e., il verbale di giuramento) is subject to a consular fee of EUR 15.00 (art.8 on the Table of the Consular Fees).

During the citizenship ceremony, you must recite the following OATH OF ALLEGIANCE:  “GIURO DI ESSERE FEDELE ALLA REPUBBLICA E DI OSSERVARE LA COSTITUZIONE E LE LEGGI DELLO STATO” in order to become a naturalized Italian citizen

The oath is officially effective the day after the ceremony.

Your stamped decree, oath statement and original birth certificate will be sent to your spouse’s Italian comune (municipality)) to be registered there, along with a request to register you in AIRE.

5. Fees

a) The following fees apply when you submit your application:

  • EUR 250.00 payable to the Ministero dell’Interno (Ministry of the Interior) when you submit your application using the PagoPa platform available in the portal. Alternatively, the payment can be made by wire transfer (see bank details below). Please attach your receipt to your application in the portal (bank fees are the sender’s responsibility).

Pay to: “Ministero dell’Interno D.L.C.I Cittadinanza”
Name of the Bank: Poste Italiane S.p.A;
IBAN code: IT54D0760103200000000809020
Reason for payment: Richiesta cittadinanza per matrimonio ex art. 5 L. 91/1992 + applicant’s name and surname
BIC/SWIFT Code of Poste Italiane: BPPIITRRXXX (for international bank transfers);
BIC/SWIFT Code: PIBPITRA (for transactions of the EUROGIRO system)

b) The following fees apply on the day of your initial appointment and on the day of your oath ceremony

Please check the following articles of the tabella consolare:

  • Authentication of your signature on the application: art. 24 (appointment day only)
  • Certified copy of your passport: art 71. Should the document not be in Latin characters you also need to submit a translation (appointment day only)
  • Certified copy of the language certification: art. 71 (appointment day only)
  • Certification by this Consulate of the translation of your birth certificate and of the criminal records: art 72 (appointment day and oath ceremony)
  • A Consular fee of EUR 15.00 to be affixed to the oath statement document (i.e., il verbale di giuramento): art.8 (oath ceremony only)

6. Useful contacts and links

FIND YOUR CONSULATE – https://serviziconsolarionline.esteri.it/ScoFE/services/consulate/find-consulate.sco

SEND YOUR APPLICATION TO THE MINISTRY OF THE INTERIOR – https://portaleserviziapp.dlci.interno.it

WEBSITE OF THE MINISTRY OF FOREIGN AFFAIRS – https://www.esteri.it/mae/it/servizi/italiani-all-estero/cittadinanza.html

 

Please note that until April 27, 1983, a female foreign national who married an Italian citizen was able to automatically acquire Italian citizenship.

If you fall in this category and meet this requirement, please email the Citizenship office: newyork.cittadinanza@esteri.it