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Citizenship thruogh marriage or Civil Union (same-sex-marriage)

 

Citizenship thruogh marriage or Civil Union (same-sex-marriage)

Italian citizenship through marriage or civil union (same-sex-marriage) to an Italian citizen is regulated by Articles 5, 6, 7 and 8 of the law of Citizenship n. 91 of 1992.

REQUIREMENTS

  • Italian residents married to Italian citizens can apply after two years of legal residency. The term is reduced by half when children are born or legally adopted within the couple (please note that Italian consulates abroad do not process citizenship application of Italian residents).
  • Foreign nationals (or stateless persons) that are resident outside Italy are eligible to apply three years after the date of marriage / civil union to an Italian Citizen. The term is reduced by half when children are born or legally adopted within the
    couple.
  • If the marriage / civil union was celebrated outside Italy, an Italian Comune must have registered it prior to application. 
  • The Italian spouse must be registered in the Registry of Italians citizens Resident Abroad (A.I.R.E.); 
  • The marriage / Civil Union must be current at the time of application and must remain so untilcitizenship is granted. In case of divorce / dissolution / annulment of marriage, legal or de-facto separation of the couple or decease of the Italian spouse in the course of the process, the application will be closed and citizenship will not be granted;
  • The applicant must have not been convicted by Italian authorities for crimes leading to a penalty of 3 years or more in prison;
  • The applicant must have not been convicted by a foreign judiciary authority for non-political crimes leading to a penalty of 1 year or more in prison; 
  • The applicant must have not been convicted for those crimes against the State listed in Book 2, Title I, items, I,II and III of the Italia Penal code; 
  • The applicant must not pose a known threat to the security and safety of the Republic of Italy.

ARRANGEMENT FOR THE SUBMISSION OF APPLICATIONS AND NECESSARY DOCUMENTATION

The arrangements for the submission of the application vary according to date of marriage / civil union:

Case 1: Men: marriage / civil union with Italian citizen - Women: marriage / civil union with Italian citizen celebrated on or after April 28th, 1983.

Case 2: Women only: marriage of a foreign woman with an Italian man celebrated on or before April 27th 1983.

CASE 1:

foreign citizens or stateless persons who are resident outside Italy and are married or entered into a civil relationship (same-sex-marriage) with an Italian citizen must lodge their application electronically via Internet.

The applicant must register through the portal “ALI” by creating his/her own account at this link: https://cittadinanza.dlci.interno.it

Please note: the application website is written entirely in Italian with no translation provided in any other language. It is the applicant responsibility to make sure he/she fully understands the instructions and properly completes the form.

After the login, the applicant will find a “CITIZENSHIP” (CITTADINANZA) section containing the following functions:

• gestione della domanda (managing the application)

• visualizza stato della domanda (status of the application)

• primo accesso alla domanda (first login to the application)

• Comunicazioni (communications)

(“status of the application” and “first login” will allow the applicant to check the status of their request after the application has been accepted).

By choosing “managing the application” the applicant will have the possibility to submit his/her application by completing the AE
form.

IMPORTANT: when starting your own account, please make sure you use your full name as on passport. Insert your last name in the area COGNOME and insert all your given names (first and middle names) in the area NOME. The application does not provide a field for middle names; therefore, middle names must be inserted beside the name so that the full name on your account matches the name on your passport. Please note that you will not be able to change or alter those details after you have set your own account.

The applicant must complete the form, and then upload the requested documentation.

Please complete all fields that are relevant to your case but do not fill fields that are not (i.e. if you are not a stateless person – an apolide in Italian- leave blank the relevant field).

To upload the required documents, please make sure you prepare in advance 5 separate files. Each file must contain all pages of all documents relevant to its typology, including all translations into the Italian language. Make sure you downsize big files as files
exceeding 3MB in size will be rejected by the system.

Document typologies are as follows:

1. Certificato di nascita (Birth certificate)

2. Ricevuta di pagamento (Receipt of payment of the application fee)

3. Estratto di matrimonio (Marriage records from Italy)

4. Certificati penali (police certificates / background checks)

5. Documento di identità (passport)

The following documents are required for this application, (the list contains information on specific requirements for each document):

Long form Birth certificate issued by the relevant authorities of the country of birth. The certificate must be legalized for International
use. If the Country of birth is a signatory to the 1961 “Apostille Convention” this is done with the Apostille issued by the designated
authority of the Country. Check the list of signatory countries here: http://www.internationalapostille.com/hague-apostille-member-countries/.
For all other countries: the Italian Consular authorities in the Country or that have the Country within their jurisdiction must do the legalization.

A full translation into the Italian language must be attached. If born outside the US the translation must be certified as “true to the original” by the Italian consular authorities in the country (please note: in some countries, i.e. Brazil, this certification is replaced by yet another apostille. You need to check this with the Italian Consular Authority of the place).

b. Marriage/civil union long form certificate issued by the Municipality in Italy. The long form is called: “Estratto dell’Atto di Matrimonio” (or “Estratto del registro delle Unione civili” for same-sex-marriages). Please note: It is the applicant responsibility to get the correct form from the city or registration. Date of issue of the certificate must not be over 6 months at the time of application.

c. Good Conduct Certificates / Criminal records / Background checks issued by the relevant authorities of: (i) The country / US State of birth (always required, even if the applicant was only born but never actually lived in the country of birth); (ii) every other country or US State where the applicant resided during the course of his/her life - starting from the age of 14; (iii) FBI certificate.

Legalization and translation into the Italian language is required for all police certificates. Information about legalization and certification of translations available under point a. above (birth certificates), apply to police certificates as well. Some more detailed information on police certificates in the US are available below: please read them carefully before you start ordering your police certificates. All police certificates must be current at time of application (i.e. must not be issued more than 6 months before application date): this rule applies also to certificates regarding countries or US states in which the applicant has not been a resident in a long time. Applicants who changed name in the course of their life (i.e. women who acquired their husband’s last name) shall apply for
their police certificates with all their names (AKA). Please note: if the applicant has been a resident of Italy the Italian police certificate (certificato penale), is not required for this application.

d. Receipt of payment of the application fee of Euro 200 (see bank details below).

e. Copy of current passport (only the pages with details and photo). If the applicant is a holder of a current Italian ID (Carta di Identità), may use it instead of the passport. All other photo IDs (i.e. US Driver License) are not accepted for this application. Applicants with multiple citizenship must attach the copy of the passport that matches the citizenship declared in the application.

The applicant may save, change, cancel or submit the completed application.

The Ministry of interior reserves the right to require additional documents to the applicant in the course of the process.

Once the application has been accepted, an appointment will be scheduled with the Italian Consulate. Both applicant and Italian spouse must attend the appointment. The Consulate will collect and file the original documents on appointment-day. Consular fees
will be payable in US$ at the exchange rate of the day as follows: Euro 14 for certification of signature of the applicant of the application form. Euro 13 for certification of translations of US certificate (this fee is intended per each page of translation).

After the appointment, the application becomes responsibility of the Italian Ministry of Internal Affairs. The process may take up to 730 days from date of application to be completed.

If citizenship is granted the applicant will be required to pledge his/her allegiance to the Republic of Italy by taking an oath during a public ceremony to take place at the Consulate.

BANK DETAILS TO PAY YOUR CITIZENSHIP FEE:

The fee of Euro 200 (two hundred Euros) must be paid in advance, by International Money Transfer or otherwise, into the following account owned by the Italian Ministry of Internal Affairs:

BENEFICIARY: CONTO CORRENTE POSTALE “MINISTERO DELL’INTERNO

D.L.C.I. - CITTADINANZA" Piazzale del Viminale, 00184 – ROMA (ITALIA)

IBAN CODE: IT54D0760103200000000809020

SWIFT CODE: BPPIITRRXXX

Eurogiro: PIBPITRA

REFERENCE: NAME & LAST NAME “istanza di cittadinanza per matrimonio/unione civile”

Please make sure the fee is paid in full, i.e. no US bank expenses or charges must be paid by the beneficiary.

 

ADDITIONAL INFORMATION FOR POLICE CERTIFICATES AND BIRTH CERTIFICATES IN THE USA

- FBI: the CJIS division of the Federal Bureau of Investigation will issue the FBI certificate. The Apostille for the FBI certificate must be issued by the Department of State in Washington DC. The Apostille must legalize the signature of the FBI official that signed the certificate (FBI certificates with apostille issued by other states or certifying the signature of a county clerk or notary public will be rejected).

-New York: the Division of Criminal Justice Services – DCJS of the State Police (4 Tower Place, Albany) will issue the certificate valid for the State of New York. Please tell them you also need an Apostille: they will issue a letter with a signature that you need for that purpose. The Apostille for the New York Police certificate must be issued by the NY Department of State. The Apostille must legalize the signature of the police officer that signed the certificate (apostilles certifying the signature of a county clerk or notary public will be rejected). Please note: other certificates issued by the Police of the City of New York or by the Courts have a limited validity and are not accepted for this application.

- New Jersey: the certificate will be issued by the New Jersey State Police. Please check details at this link: http://www.njsp.org/about/serv_chrc.html
The signature of the police officer will be authenticated by a Notary Public inside the State Police Office. The Apostille must then be issued by the New Jersey Department of Treasury.

- Connecticut: the police certificate is issued by the Department of Emergencies, Services and Public Protection, Division of State Police - Bureau of ID, 1111 Country Club Road, Middletown, CT 06457. The signature of the police officer will be authenticated by a Notary Public within the bureau. The Apostille must then be issued by the Secretary of State of Connecticut.

- All other US States: please check the relevant information with the Italian Consulate under whose jurisdiction each state falls. You can check Consular Jurisdictions in the States at the following link: http://www.ambwashingtondc.esteri.it/ambasciata_washington/it/informazioni_e_servizi/la_rete_consolare/la%20rete%20consolare.html

Please note that each US State has elected an authority that Apostilles documents issued by government offices in the State.

- The Birth Certificate in the US will be issued in long form (also known as Extended Form) by the central authorities of the State of birth. The Apostille must be issued by the relevant authority of the same State. The Apostille will legalize the signature of the official that issued the certified copy of the certificate (County Clerk, City Clerk, Director of Vital Statistics….). For the Apostille in the States of New York, New Jersey and Connecticut, please see information above regarding police certificates issued in the same States. For all other US States, please check with official websites (including websites of the Italian Consular Authorities) which authority issued the apostille.

ALL CERTIFICATES (Police and Birth) must be translated into the Italian language. Incomplete or incorrect translations will be rejected.

Birth certificates and Police certificates from countries other than USA

For all certificates issued outside the US please check all relevant information with the relevant Italian Consular Authorities. Make sure you have the right form and the right legalization.

IMPORTANT: translation of certificates issued outside the US must be obtained in the country of origin of the certificates. Certification of the translation must be obtained in the same country of issue. This Consulate cannot validate translations of documents issued in countries other than the US. This rule applies ALSO to certificates written in English. Double translations (original language into English then English into Italian) are also not permitted: the translation must be from the original language into Italian.

 

CASE 2:

Marriage of a foreign woman with an Italian citizenship on or before April 27th 1983.

In this case you have to schedule an appointment through our website.  PLEASE CLICK HERE to schedule your appointment.

Both applicant and Italian spouse should attend the appointment, unless the latter is deceased.

At the appointment, please bring the following documentation:

a. CURRENT PASSPORTS of both applicant and Italian spouse;

b. PROOF OF RESIDENCY: (utility bill) applicants of nationalities other than United States must also provide proof of legal residence in the United States (Permanent Resident Card/Green Card, Visa or other).

c. ORIGINAL BIRTH CERTIFICATE – Applicants born in the USA must submit the Long Form legalized with Apostille and translation (for more information, please see the Vital Records section). Applicants born in countries other than the U.S.A. must comply with the local regulations on the legalization of documents. The certificate must be translated into Italian and certified by the Italian Consulate / Embassy in the Country where the document was issued. For further information, visit Italian consular network.

d. Application fee of € 300 – equivalent in US$ to be paid in cash or Money Order. Please check a few days in advance of your appointment the exact amount required.

 

 

 


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