Italian naturalization through marriage

Who has the right: 

Spouses (wife and husband) of Italian citizens are entitled to take the application for Italian citizenship by marriage and be naturalized as Italian citizens).

This is what we call naturalization by marriage.

First of all, one must understand the difference between RECOGNIZING his Italian citizenship and NATURALIZING himself as an Italian.

The principle “iures sanguinis” gives the RIGHT to any descendant of Italian to RECOGNIZE his Italian citizenship, since he was Italian from birth, but has not yet been recognized before Italian agencies.

NATURALIZATION, however, is not about recognition. In fact, it is a possibility that the Italian government gives to people who meet certain requirements.

Naturalization can be given by length of residence in Italy and marriage with Italian citizen. 

In the case of naturalization by marriage, the regulation of applications for naturalization by marriage to the spouses of Italian citizens is made by the article 5 of the law of 05/02/1992, which was modified in 2009, with the law 94.

Actually the wives and husbands of Italians are those who really become Italian, since they do not have to have the Italian ancestors, jus sanguinis requirement, as foreseen by Italian law.

Contrary to what can be imagined, whoever obtains Italian citizenship through naturalization DOES NOT LOSE BRAZILIAN CITIZENSHIP (article 12 of the Federal Constitution and Ordinance 172 of the Ministry of Justice).

The application for Italian citizenship by marriage can be made either in Italy or in Brazil, or at any consulate or Italian embassy around the world.

The request in Brazil can only be made when the couple completes three years of marriage, or one year and six months in the case of presence of children of the couple. The request made in Italy requires two years of marriage, or one year in case of the presence of children, however only residents in the country may apply in Italy.

In order to be able to apply for Italian naturalization by marriage, it is necessary to fulfill certain requirements. Let’s see which are they:

  • If you are resident in Italy, you must prove residence in the country for at least two years and prove that you are married to an Italian citizen for at least two years;
  • If you are living abroad, you only need to confirm that you are married to the Italian citizen for three years. If the couple has children under the age of 18, the marriage time is reduced by half to 1,5 years.

If the applicant meets these requirements, he or she may apply for naturalization immediately.

The process is quite simple, but it is a bit time-consuming. After submitting the application, the legal deadline for completion is UP TO 4 years. 

It should be reminded that the marriage must have been celebrated in civilian and that the state of stable union is not valid, as this is not recognized in Italy.

In addition, it must be proven that the spouses live together in the same dwelling and the marriage can not be interrupted during the term of approval of the naturalization, which will end with the oath with the entity responsible for the service in the jurisdiction of their residence.

Necessary Documentation:

      • Applicant’s birth certificate in full (valid 180 days from the date of issuing);
      • Certificate of marriage with the Italian citizen – known as Estratto per Riassunto dell’Atto di Matrimonio – dated of more than three years of marriage and less than six years of issuing;
      • Certificate of criminal background check of the foreign spouse of Brazil (and/or other countries where the applicant has legally resided) (valid for three months from the date of issuing);
      • Certificate of Italian citizenship of the Italian spouse;
      • Identity document (copy of valid passport);
      • Proof of residence (valid for three months);
      • Certificate of residence and/or registration in the AIRE of the Italian spouse;
      • Official proff of payment of the € 200 fee to Poste Italiane;
      • Brand from €16 stamp.

For residents of Italy:

In addition to the documents described above, the applicant should provide the following documents:

·      Valid Permesso/Carta di Soggiorno of the foreign spouse;

·      Certificate of criminal background check of the foreign spouse in Italy;

·      Family State Certificate;

·      Certificate of Residence History.

REM1: If you are married to a person who is entitled to Italian citizenship, you first need the recognition of citizenship, so that you become an Italian by naturalization.

REM 2: If the marriage occurred in Brazil, it is necessary to transcribe the marriage in the Comune where the Italian was registered and or resides and obtain the “Estrato per riassunto dai registri di matrimonio”.

REM 3: The Italian Government does not recognize the stable union as it happens in Brazil. Thus, only the marriage certificate is accepted.

The request is now made over the internet: https://cittadinanza.dlci.interno.it 

And a very important information: without the presence of the spouse and a basic level of Italian (compulsory), it becomes impracticable the naturalization ceremony of Italian citizenship.

All applications for citizenship through marriage and/or time of residence are sent to the Ministero dell’interno Italiano in Rome and the success takes an average two years.

This is a concession and not a right, so the Italian Ministry can deny the application for naturalization.

What is included in our budget:

– Guidelines and assistance in preparing all necessary documentation (part of this documentation will have to be prepared in Brazil close to the moment of submitting the application because it has expiration date – separate budget for the preparation of documentation in Brazil);

– Follow-up and orientation so that the payment of the fee of € 200.00 to Poste Italiane (value of customer cost document) and purchase of the brand of the stamp (value not included);

– Submission of the application to public agencies;

– Monitoring with interpreter whenever necessary;

– Assistance, translation and follow-up in the stages of the process, which are usually seven stages in this type of process.

– Monitoring with interpreter at the naturalization ceremony of the Italian citizenship (necessary presence of the spouse).

– Transfer of aire

– Assistance for obtaining a passport outside Italy

– Translations

– Request for documents Italy

– Search/demand for documents in Italy

– Study and detailed analysis of documentation

– Interpreter

– CNH Conversion