Our Law Firm assists foreigners that wish to acquire Italian citizenship and are eligible to obtain it.
In case you are looking for a lawyer in Rome for your citizenship application, you can contact us for a first free legal advice. We can also assist you if you live abroad, you will only need to grant a power of attorney to the Consulate.
The applicant that submits the request for Italian citizenship is supposed to have certain qualifications for eligibility, so that in case of approval he will be granted equal rights of Italian citizens.
But let’s get through it step by step, reading carefully the time provided by Law in order to be eligible. There are no deceptions or shortcuts, and beware of those who show you the possibility to obtain the citizenship when no cases laid down by law exist.
Table of contents
Who is eligible for Italian citizenship?
If you are wondering who is eligible to acquire Italian citizenship, you should know that in accordance with the law, the request for Italian citizenship can be submitted by:
1) subjects born in Italy, to foreign parents, who have legally and continuously resided in Italy, from birth until 18 years of age, requesting Italian citizenship before the 19th birthday;
2) foreign spouses of Italian citizens, namely those who have married an Italian citizen and after marriage have legally resided in Italy for at least 2 years; if the couple resides abroad. The application for citizenship can be submitted 3 years after marriage; if the couple has children together, the waiting period to apply for citizenship is halved;
3) foreigners born of a father or a mother or a direct ancestor, as long as the transmission of citizenship has never been interrupted:
- performing military service for the Italian State, who have expressed their will to acquire Italian citizenship;
- employed by the Italian public service, either abroad or on Italian soil, who have expressed their will to acquire Italian citizenship;
- that have expressed within the 19th birthday their willingness to acquire Italian citizenship and that at the age of 18, have legally resided in Italy, without interruptions for at least two years;
4) any minor child adopted by an Italian citizen;
5) the minor children of those who acquire Italian citizenship, when living together with them;
6) foreigners who have legally resided in Italy for a period of time and are regularly registered on the Italian soil. The required period of legal residence varies according to the personal situation of the person applying for citizenship for:
- EU Member State, 4 years of legal residence on the territory of the Italian State is required;
- non-EU foreigners, 10 years of legal residence on the territory of the Italian State is required;
- for stateless people or political refugees, 5 years of legal residence on the territory of the Italian State is required.
How can I apply for Italian citizenship?
After you have submitted your application to the Ministry of the Interior or through a CAF office, your request may be approved or rejected.
The refusal of your citizenship application is an administrative measure that can be contested by a legal adviser or through an appeal to the TAR or to the Ordinary Courts in case of citizenship by marriage (also known as iure comunicatione).
In order to bring an action against the rejection of your citizenship application, you will need a lawyer.
The appeal to the TAR (Regional Administrative Court) shall be submitted within 60 days of the date of notification of refusal.
An appeal to the Ordinary Courts does not have a limit for submission, but the earlier, the better.
Bringing an action against the rejection of your citizenship application is an administrative measure that requires an expert Law Firm. Our Law Firm is ready to help you if you are based in Rome, or within Lazio or if you’re abroad.
How does the appeal for citizenship take place?
The appeal takes place with a complete production of documentation proving the right to request citizenship, accompanied by some testimonies.
An appeal, which lasts not less than 2 years, will end with a sentence given by either the TAR or the Court, approving or rejecting your application for citizenship.
Against the sentence of rejection, you will be able to bring an action to the Council of State or to the Court of Appeal.
In which cases applications are rejected?
There are cases in which the citizenship application is rejected by the Ministry, because of anomalies that prevent its approval.
In some cases, such as the followings, it is possible to redress before the court:
- Marriage of convenience;
- A “hole” in the continuous residence;
- Insufficient income to live in the country;
- Failure to provide the total income of the family;
- Criminal records that can be sorted out by a criminal lawyer.