Italian nationality law

Italian nationality law is the set of rules that decide who is considered a citizen of Italy. The main law that controls this is called Law 91/1992, and it came into force on August 16, 1992. This law explains how a person can become or stay an Italian citizen.

Since Italy is part of the European Union, all Italian citizens are also EU citizens. This means they can travel, live, and work freely in any EU country and also in countries in the European Free Trade Association. Italian citizens can also vote in elections to the European Parliament, which helps decide important rules for Europe.

Terminology

Sometimes, it's tricky to know the difference between citizenship and nationality, especially in English, because different countries use these words in different ways. In general, nationality means that a person legally belongs to a country, which is how countries talk about their members in international agreements. Citizenship, on the other hand, usually means the rights and responsibilities a person has in that country.

In Italian, the word for citizenship, cittadinanza, means being part of a political community. The word for nationality, nazionalità, can mean belonging to an ethnic or cultural group. Both words are used in laws about national status, but "citizenship" is used more often.

History

Italian unification

Before Italy became a unified country in the mid-1800s, the area was split into several smaller states, including the Papal States and parts controlled by the Austrian Empire. The Kingdom of Sardinia played a key role in uniting these areas, declaring the Kingdom of Italy in 1861. Full unification was completed with the capture of Rome in 1870.

During this time, the Kingdom of Sardinia had its own rules about who was considered a citizen. These rules included rights like voting and holding public office. Children of Sardinian fathers born outside the country were considered Sardinian, but had to return to the kingdom to serve in the military when they became adults. Foreigners could apply to become Sardinian citizens, and foreign women who married Sardinian men automatically became citizens. Children born in Sardinia to foreign parents living there permanently were also considered citizens.

Law no. 555 of 1912

In 1912, Italy passed a new law about citizenship. This law stated that a child's citizenship followed the father's, with limited exceptions for the mother. Women could lose their Italian citizenship if they married a foreign man whose country gave him citizenship. This law also allowed some children born to Italian fathers outside Italy to keep their Italian citizenship even if they were also citizens of another country.

The 1948 Constitution of the Republic

In 1948, Italy adopted a new constitution that emphasized equality for all citizens, including men and women. This constitution laid the groundwork for future changes in citizenship laws, promoting equal rights and opportunities for everyone.

Decisions of the Constitutional Court and laws enacted in consequence

Over time, Italy's laws about citizenship evolved. Key changes included ensuring that women could not lose their citizenship just because they married a foreigner, and that children of Italian mothers could claim Italian citizenship. These changes aimed to align citizenship laws with the principles of equality and fairness established in the 1948 Constitution.

European integration

Italy joined the European Union, which allowed Italian citizens to move and work freely across many European countries. This integration began after World War II and developed through various treaties and organizations, enhancing the rights and opportunities for Italian citizens across Europe.

Law no. 91 of 1992

In 1992, Italy updated its citizenship law. This law simplified how citizenship is passed from parents to children and allowed people to hold multiple citizenships under certain conditions. It also included special provisions for people whose families came from areas that were once part of Italy but later became part of other countries.

These laws continue to evolve, with ongoing discussions about making citizenship more accessible to long-term residents and addressing historical injustices related to citizenship status.

Acquisition and loss of citizenship

Children born in Italy get Italian citizenship if at least one parent is already an Italian citizen. If children are born in Italy to parents who are not Italian and they don’t get another country’s citizenship, they also become Italian citizens. Children born outside of Italy can be Italian citizens if one parent is Italian and they don’t get another citizenship at birth, or if one parent or grandparent was born in Italy and only holds Italian citizenship.

Foreign people who live in Italy for a long time can become Italian citizens through a process called naturalization. Usually, this takes at least 10 years, but it can be shorter for some people, like those from other European Union countries or people with Italian family ties.

People who lose citizenship from Vatican City automatically become Italian citizens if they would otherwise have no country to call home. This includes certain church leaders and their families.

Minor children of Italian citizens can also gain citizenship, as can foreign spouses of Italian citizens after living in Italy for a certain time and meeting other requirements.

Attribution of citizenship through jus sanguinis

People from other countries who have a parent or grandparent born in Italy might be able to claim Italian citizenship through their family history. This is called citizenship by jus sanguinis, which means "right of blood."

Italian citizenship is usually passed down through the father’s side of the family. However, if a person was born on or after January 1, 1948, they can also inherit citizenship through their mother. Sometimes, a person can be a citizen of two countries at once if they are born in a country that gives citizenship to everyone born there, even if they also get Italian citizenship through their family.

To claim Italian citizenship this way, a person must prove that one of their parents was an Italian citizen at the time of their birth. The process involves applying through an Italian consulate, and each consulate has its own rules and waiting times.

For people whose families left Italy after July 16, 1920, from certain regions like Veneto, Friuli-Venezia-Giulia, or Trentino Alto-Adige, extra proof is needed.

Many people from Brazil, the United States, Argentina, and Uruguay have Italian ancestors and may be able to claim Italian citizenship. Having Italian citizenship lets people live and work in European Union countries like Spain.

Transmission of Italian citizenship along maternal lines

Decision no. 4466 of 2009 from the Court of Cassation (final court of appeals)

A top court in Italy changed its mind in 2009. It decided that people born outside Italy to Italian mothers can claim Italian citizenship. This applies to those whose mothers lost their Italian citizenship because they married someone who wasn’t Italian, before a certain law changed things.

Even though this decision wasn’t written into law by Italy’s government, many people have been able to get Italian citizenship by asking the courts. This means that descendants of Italian women can still seek recognition of their Italian citizenship through the court system.

Dual citizenship

Italian law allows people to have more than one citizenship under certain rules if it happened on or after August 16, 1992. Before that date, if someone got another country's citizenship, they usually lost their Italian citizenship. But there were a few exceptions.

If people got another citizenship between August 16, 1992 and January 23, 2001, they had to tell the local office or Italian consulate within three months, or they would get a fine. After January 23, 2001, people could send a letter by post to the Italian consulate to tell them about their new citizenship. Starting March 31, 2001, people no longer needed to tell anyone about getting another citizenship.

multiple citizenship

Citizenship fee

Starting in 2025, people who are 18 or older and want to become Italian citizens need to pay a fee of €600. Before that, from 2014, the fee was €300. These changes were made by laws passed by the government led by Matteo Renzi.

Renzi Cabinet Matteo Renzi