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.
Hi Laura, please, i would want to know, in the 2017 i obtained my carta soggiorno, i wrote an Italian exam.
Now that i want to process for my citizenship, will i write another exam? Or will the one i used for my carta soggiorno still be valid?
Thanks, waiting for your reply.
Since you have a permesso di soggiorno UE per soggiornanti di lungo periodo (so-called “carta di soggiorno”), you are not required to You can check the law by reading Article 9.1 of Parliament Act of 5 February 1992 no 91. That is the Italian Nationality Act and you can find the English version on this page.
Hi. I’m married to an Italian. My application went in 2. 5+years ago. All documents were submitted but my application was rejected years later. No warning and no opportunity to explain. It said insufficient documents. Turns out you have to submit every document as one document in their system. As apparently they do not have the others we’re overwritten. No one in the consulate checked to inform. Now there is no right if appeal and no one to speak to. Basically, the competency of. The consulate has denied my rights and taken my money all because of a law introduced well after I applied. I am not the only one affected. I’m feeling pretty helpless.
There is a right to appeal within certain limits, depending on the circumstances of your application process and the date and other aspects of their decision. You are welcome to contact us if you need help.
Good day ma, i submitted mine since March 20, 2018. i want to know if am waiting for 2yrs or not. thanks
Thanks for waiting for our late reply during this very busy time in our office. The applicable deadline is 4 years, as it is for all processes in course as of October 4th, 2018. More information here.
Does the fluency requirement apply if you are obtaining citizenship by jure sanguinis? And if applying in Italy (I would live with family there during the process) does it still take 2-4 years in a smaller commune?
The language proficiency requirement applies only to citizenship application for marriage or residence. It does not apply to jure sanguinis. Nor does the 4-years deadline. The law provides a 2-year deadline if you apply at an Italian Consulate. The handling time for applications processed at an Italian municipality vary considerably and does not depend necessarily on its size, rather on its management, organization, and workload.
Hello. I am married to an italian and have lived in Italy for 27 years (1992) in possession of permanent residency card Can I apply for citizenship under jure sanguinis through my adult children to avoid the 4 year waiting period? If not and I must go though my marriage status or residency would I be required to have the language test?
Thank you.
Thanks for waiting for our late reply during this very busy time in our office. I am afraid you have to provide the language proficiency certificate and apply for citizenship by marriage or by residence (the 4 years deadline applies). The law, oddly enough, makes no exception for spouses with a permanent residence card, rather for those who hold an EU residence permit for long-term residents (“permesso di soggiorno UE per soggiornanti di lungo periodo”). You may double-check with the local Prefettura by showing them the exact residence card you hold. Italian citizenship iure sanguinis applies only in the line of descent (from your ancestor downwards and not from a descendant upwards. So you are not eligible through your children.
Please I would like to know about the law of the 4 years waiting period if it has been revised back to 2 years.
I have been hearing many rumours about the it being revised, I don’t know how true it is.
No changes for now, unfortunately.
Miss lara can u please tell me that i have applied my application on basis of residency in june 2018 and ypu have mentioned above that before october 2018 passport procedure time limit is of 2 years . Can i challange my case after june 2020 for getting my citizenship?
The short answer is no. Any application process in course as of October 5th, 2018 may be handled in 4 years time, according to regulation enacted after the date of your application start.For more information, please check my blog: Italian citizenship in 4 years? No, thanks!.