Fundamental Principles
The Italian citizenship, based mainly on the “ius sanguinis” (right of blood), for which the child born to an Italian father or mother is Italian, is currently regulated by law 5 February 1992, 91 and subsequent amendments and additions, and the implementing regulations.
THE PRINCIPLES ON WHICH IT IS BASED ARE ITALIAN CITIZENSHIP:
transmissibility of citizenship by descent "jure sanguinis"
purchase "just jure" (by birth on the territory) in some cases
the possibility of dual citizenship
the intention for the acquisition and loss
Granting of citizenship
Italian citizenship to foreign nationals married to Italian and foreign citizens residing in Italy
FOR MARRIAGE WITH ITALIAN CITIZEN (ARTICLE 5 THE LAW 91/92 AND SUBSEQUENT AMENDMENTS AND ADDITIONS)
Citizenship, pursuant to Article 5 law 5 February 1992 n. 91 and subsequent amendments and additions, may be granted for marriage, in the presence of the following requirements:
The applicant, foreign or stateless, must be married to an Italian citizen and reside legally in Italy for at least 2 years after the celebration of marriage
If the spouses reside abroad, the application may be made after three years from the date of marriage
These terms are reduced by half in the presence of children born or adopted by the spouses.
At the time the decree granting citizenship should not be intervened dissolution, cancellation or termination of the civil effects of marriage and there must be a separation of the spouses.
FOR RESIDENCE IN ITALY
Citizenship, within the meaning of’ article Article. 9, of the Law 91 the 5 February 1992 and subsequent amendments and additions, may be granted:
The foreigner whose father or mother or one of the direct ancestors of the second degree were citizens by birth or who was born in the territory of the Republic and, in both cases, there is a legal resident for at least three years (art.9, c.1 lett.a)
At the foreigner adopted by an Italian citizen lawfully resident in Italian territory for at least five years after the adoption (art.9, c.1, letter. b)
An alien who has served, abroad, for at least five years in the employ of the Italian State (art.9 c.1, lett.c)
A national of a State U.E. if legally resident for at least four years in the Italian (art.9 c.1, lett.d)
Stateless and refugee who is a legal resident for at least five years in the Italian (art.9 c.1, letter e) conjunction art.16 c.2) (*)
The foreigner who is legally resident for at least 10 years in the Italian (art.9 c.1, lett.f)
(*) Pursuant to Article 16, the alien recognized as a refugee by the Italian State is stateless for the purposes of granting citizenship
AUTOMATIC PURCHASE
Minor children of a person who acquires or reacquires Italian citizenship, if you live with it, acquire Italian citizenship, but, become older, may waive, if in possession of another citizenship (Article 14 L.91/92).
ELECTION OF CITIZENSHIP
The foreign born in Italy, who has resided legally and without interruption until the coming of age, may declare that it will elect Italian citizenship within one year from the date (article 4, c.2). This statement will be made by the, the Civil Status Officer of the Municipality of residence
RECOGNITION OF ITALIAN CITIZENSHIP BASED ON SPECIAL LAWS
The Official Gazette of 28/03/2006 was published the Law 124/06 on "Amendments to the Law 91/92, on the recognition of Italian citizenship to nationals of Istria, Fiume and Dalmatia and their descendants ". That legislation introduced, after art. 17 the l.91/1992, Article. 17 bis and 17 ter, providing recognition of Italian citizenship to persons who have lost our status civitatis as a result of the Treaty of Paris 10/02/1947 and of Osimo 10/11/1975 and their descendants, in the presence of the following requirements:
(a) in the event that article 17 bis, paragraph 1 letter to) law 05/02/1992 # 91;
Italian citizenship and residence in the territories ceded to former Yugoslavia at the date of entry into force of the Treaty of Paris and the Osimo;
loss of Italian citizenship as a result of the abovementioned Treaties;
belonging to the Italian group;
(b) in the case referred to in Article. 17 bis, paragraph 1 b) law 05/02/1992 # 91;
direct descendant of the applicant by the person referred to in) and knowledge of the Italian language and culture.
The request seeking to obtain recognition of Italian citizenship is submitted to the Authority Italian diplomatic or consular if the applicant resides abroad or to the registrar of the municipality where the applicant resides in Italy. In either case the instance, together with appropriate documentation to support the above requirements, should be submitted to the Interministerial Commission, established within the Ministry of the Interior, He expressed his opinion as to the existence of the requirements of the law.
