The applicable law to the maximum time limit set for Italian authorities to handle Italian citizenship applications by marriage has changed a number of times in the past few years.
Which term applies to your application?
For applications submitted from 21.12.2020, the deadline is 24 months, extendable to 36 months (art.4 c. 5 and 6 of Law Decree of October 21st, 2020 np. 130 amending Article 9 ter or the Italian Nationality Act).
LEGGE 5 febbraio 1992, n. 91: Nuove norme sulla cittadinanza
Art. 9-ter
1. Il termine di definizione dei procedimenti di cui agli articoli 5 e 9 e’ fissato in ventiquattro mesi prorogabili fino al massimo di trentasei mesi dalla data di presentazione della domanda.
For applications submitted between October 5th, 2018 and December 20th, 2020, the maximum handling time is 48 months, according to Law Decree of October 4th, 2018 no. 113.
For applications submitted before October 5th, 2018, the Ministry of the Interior maintains that the 48 months deadline still applies.
Please note that these deadlines apply to procedures of Italian citizenship by marriage (i.e. if your spouse or same-sex registered partner is an Italian citizen), or by residence in Italy. That is the meaning of the language of the law quoted above, and particularly of the reference to Articles 5 and 9 of the Italian Nationality Act. These deadlines do not apply to the procedures of Italian citizenship by origin from an Italian-born ancestor.
An arguable interpretation of the law
The 4-year provision should not apply to the applications submitted before October 5th, 2018. That is because the provision which extended the 4-year deadline for applications was deleted and replaced in October 2020 (by Article 4, §5 of Law Decree 130/2020).
As a consequence, the previous 24-month deadline applies.
The main reference in the law for the duration of the Italian citizenship process is Article 3 of the President of the Republic Decree of April 18th, 1994 entitled “Regulation concerning the process for acquiring the Italian citizenship”. It stipulates that the deadline to conclude a citizenship process is 730 days.
DECRETO DEL PRESIDENTE DELLA REPUBBLICA 18 aprile 1994, n. 362, “Regolamento recante disciplina dei procedimenti di acquisto della cittadinanza italiana”
Art. 3, Definizione del procedimento
1. Per quanto previsto dagli articoli 2 e 4 della legge 7 agosto 1990, n. 241, il termine per la definizione dei procedimenti di cui al presente regolamento è di settecentotrenta giorni dalla data di presentazione della domanda.”
However, the Ministry still maintains that even applications submitted before October 5th, 2018 are subject to the long 4-years handling time. That gave origin to recent disputes before the Italian Courts (October 2021). The judgements are still very few but recognise that the applicable deadline is still 730 days.
Such encouraging decisions did not change the behavior of the Ministry of the Interior so far, but with time, such change will be an unavoidable consequence.
Important!
You may not be aware that your application may already have been processed
The Ministry has been insisting for almost a year now that they will send any formal communication concerning the application exclusively through the online application platform.
As a consequence, you may not receive any notification of a decision on your application by email, or through the Italian Consulate, or by registered mail.
It is crucial to access the online platform. Any communication on your application appears on said Ministry’s online platform and can be subject to a tight deadline for you to reply.
For example, if the Ministry regards your paperwork as insufficient, they will send a message on the online platform with a term of 10 days for you to reply. In case you do not reply, they will archive your application and invite you to start a new application, in case you have any further observations or documents to add.
Any As you probably know, access is currently granted via the new SPID system (Sistema Pubblico di Identità Digitale). If you do not have one, you will be required to make a new registration in order to link and access your existing application.
What you can do
It’s a fact that active applicants get decisions faster. Don’t accept to be put on a shelf: let your voice be heard! Express your mind and urge the office to respect your right to a timely and clear decision on your application.
If you applied for citizenship by marriage, please refer to my blog article Italian citizenship by marriage. How to cut the waiting time? for details.
From that page, you can also request the free form to send to the Italian administration and urge for a decision on your application.
For more information:
When in doubt, ask us. Contact us
Discover your real options. If you dispose of basic information on your Italian descent (your Itali-born ancestor’s date and place of birth, and the date and place of birth of each descendant) and possibly dispose already of family records, we can evaluate your actual options and devise the best strategy for you to obtain the Italian citizenship. Book a private consultation with me
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What do you think about this information?
What is your experience? Leave your comment below and I will return to you.
Dear Lara, I applied for Jure Sanguinis citizenship through an in-person meeting at my local consulate in March 2019, After following up several times (as recently as 3 weeks ago), no response has been received over the years and I don’t really have any clarity regarding the status of the application. Do you have any ideas regarding time limits for Jure Sanguinis applications? I’m also looking for a way (to whom) I could request information via richiesta di accesso agli atti (law 241/90)? I appreciate any insight you might have. Thank you! This blog post has been helpful!
They should not take more than 2 years to process your application. The time to request information has passed. It is time to insist for a decision. If you need help, please contact me. We can send an official notice and apply all legal means to obtain the cooperation of the Consulate.
it’s been more than 4 years and 3 months since i applied for my italian citizenship. when i check online with my spid ID, it says the process is concluded. i keep contacting the consulate of manchester but they never reply.
If your attempts by fax (069 7531-104) and phone (069 7531-0) did not succeed, you may want to contact directly the Consulate in London. If you still have no reply, please contact us and we will help with a formal contact through our law office by PEC. You are welcome to ask for advice.
Ciao!
I submitted my citizenship documentation for jus sanguinis through the Detroit Consulate 17 March 2021. In the article you mentioned utilizing SPID. Am I able retroactively follow my application using this?
The Detroit consulate currently has no way to check on the status and ask not to be contacted during process and will reach if needed. I know I need to have patience, it’s just so nerve racking.
As a side question because my application was submitted after 10/2020 am I looking at the 24 month processing time?
Grazie mille!
Hello, Xander! Thanks for your comment. It gave me the opportunity to add in my blog article that the 24 months (or 48) deadlines do not apply to the procedures of Italian citizenship by blood (for applicants who claim citizenship with reference to an Italian-born ancestor).
The online platform on the Ministry of the Interior’s website only gives information to the applicants for citizenship based on marriage or residence in Italy. So you may not check your application status there.
Your application for Italian citizenship by blood (jure sanguinis) follows another track. You can obtain information only by sending an inquiry to the Italian Consulate. We can help with that by sending a formal registered email (PEC – Posta elettronica certificata) to the Consulate on your behalf. Email: lara(at)smartdualcitizenship.com
Laura, I want to thank you for taking the time to answer my questions! So very informative! I appreciate it greatly.
Thanks for your appreciation. Need more guidance? your are welcome to ask for Quick Advice.
Hi Lara!
First, I want to say that I love all of the information you are providing! It’s second to none and very helpful, I am a male in the process of getting my Italian dual citizenship via Jure Sanguinis. My mother was born in Italy in 1939, I was born in 1960. In addition, I have added my two adult children on my application so that that they can obtain theirs as well. My wife also is of Italian descent and it has been determined that she qualifies through her paternal grandfather’s lineage and quite possibly her maternal grandmother’s lineage as well, although the 1948 rule may apply to the latter. My quests this… If I am pursuing my dual Italian citizenship is it imperative for my wife to do so as well? What are the advantages of such, if any? Our long term plan is to possibly settle in Italy at some point in the future. Does she really need to have her citizenship or could she somehow be tied to me as a spouse for residency and such, and enjoy certain benefits that way? What is your advise and recommendation on that? I’d certainly love to be able to eliminate the cost, effort and time spent pursuing her dual citizenship if it’s not truly necessary. Please advise, thank you so much!
Thanks for your word of appreciation.
Having a dependent residence card or permit as a family member gives some advantages, such as the right to enter, stay, work, study, enjoy some welfare and health care provisions. However, if you decide to leave your family or the country for any reason, your spouse and any other family member who has a residence card or permit for family reasons can lose their right to stay in the country. Obtaining Italian citizenship gives a person an independent status. That includes a right of her own to enter, stay or leave the country on her own. Citizenship status is preferable as independence and freedom are, in my view. On the other hand, your wife may evaluate what are the consequences of obtaining Italian citizenship vis a vis her state of origin. Some states discourage or even ban their citizens from acquiring another citizenship.
Please note that, according to Italian law, citizenship is a strictly personal status. Each adult person who wishes to obtain Italian dual citizenship has to apply on his or her own. An application cannot include that of any other adult person, although related by family ties. So your adult children may want to make sure that their application is valid and filed in correctly.
Hello dear ,
Hope you are doing great at your end
I am Lebanese holding Lebanese passport , My wife is originally Italian , we had civil married in the Italian consulate of Dubai from eight years ,we used to work and live in Dubai however now we have moved to Lebanon ,
I would like to ask yourself two questions ,
*1 is it possible to move to Italy and have a residence visa on my Lebanese passport?
2* I have applied for the Italian citizenship in Dubai back in 2018 and I have provided the consulate all the documents required I have even paid the 200€ However there was one missing paper to provide in order to proceed with my citizenship unfortunately I couldn’t provide it on time due to some circumstances were we had to leave Dubai and move to’ Lebanon .
When in Lebanon visited the Italian embassy and explained myself with all the proven documents I was told that in order to prove my citizenship I will need to provide an Italian certificate language in order for the Italian embassy to proceed with my citizenship application.
Your prompt reply and advise is highly appreciated.
Best regards
Charbel
It may take more years to obtain Italian citizenship by marriage, also due to the new language proficiency requirement. Meanwhile, you always have a right to establish yourself in Italy with your Italian spouse. Please check my article Is your family member an Italian Citizen? Get your 5 years residence card
Hey there
My citizenship application is in phase 7 how long does it take to take oath or when they communicate??
That may take several months, depending on the actual workload of the Italian authority in charge of your application process. Need more guidance? your are welcome to ask for Quick Advice.
Hey there
My name is joseph and I am from Sydney Australia, I’ve booked my appointment at the Sydney consulate to discuss getting italian citizenship via jure sanguinis
So basically I found out my mothers parents naturalised before she was born and my fathers mother was born here but her father naturalised after her birth in Australia
So I didn’t know about my grandfather (my dads father) and so I sent an email with all these documents (death certificate ect) to the department of home affairs in Canberra and they sent me an offical document stating the status of Australian citizenship of the deceased
And it stated that my grandfather was NOT an Australian citizen.
So my question is would this offical document stating that my grandfather was NOT an Australian citizen be the document I bring to the consulate to confirm my eligibility for jure sanguinis
Thanks
Yes, that document appears to be very helpful.