Rights, duties, identity, participation. How to become Italian citizens

The term citizenship indicates the relationship between an individual and the state, and is in particular a status, called civitatis, to which the legal system links the fullness of civil and political rights. In Italy the modern concept of citizenship was born when the unitary state was established and is currently governed by law no. 91.

Italian citizenship is acquired iure sanguinis, that is, if you are born or adopted by Italian citizens. There is a residual possibility of purchasing iure soli, if you are born on Italian territory from stateless parents or if the parents are unknown or cannot transmit their citizenship to the child according to the law of the state of origin.

Citizenship can also be requested by foreigners who have resided in Italy for at least ten years and are in possession of certain requirements. In particular, the applicant must demonstrate that he has sufficient income to sustain, that he has no criminal record, that he is not in possession of impediments for the security of the Republic.

You can also become an Italian citizen by marriage. Citizenship by marriage is recognized by the prefect of the province of residence of the applicant.

It is different to speak of European citizenship which is not a status that is acquired. Every citizen of a member country of the EU, in addition to the citizenship of the country of origin, enjoys European citizenship.According to the text of the Treaty of Maastricht (TEU), anyone with the citizenship of a Member State is a citizen of the Union.

Citizenship of the European Union involves a series of well-defined rules and rights, which can be grouped into four categories:

freedom of movement and residence throughout the Union;

the right to vote and to be elected in municipal and European Parliament elections in the Member State of residence;

for the protection of the diplomatic and consular authorities of any Member State in a third country in which the State of which the person concerned has citizenship is not represented;

the right to petition the European Parliament and appeals to the European Ombudsman.

The law provides for some cases in which the status of an Italian citizen may cease.

Italian citizenship can be bought back on request.

The Legislative Decree 4 October 2018, n. 113, converted with law 1 December 2018 n. 132 introduced art. 10 bis of the law 5/02/1992, n. 91 the institution of revocation of citizenship in the cases expressly provided for by art. 10 bis of the aforementioned law no. 91/1992.

Normative requirements

D.L. 4 October 2018, n. 113, converted with law 1 December 2018 n. 132

Law 15 July 2009, n.94. Regulation containing provisions on financial intermediaries

Law 5 February 1992, n. 91. New rules on citizenship

DPR 12 October 1993, n. 572. Implementing regulation

Presidential Decree 18 April 1994, no. 362 Regulation of the procedures for acquiring Italian citizenship

PROCEDURE TO REQUEST FAMILY REUNION

WHO CAN REQUEST A FAMILY REUNION?

The foreigner residing in Italy, holder of a valid residence card or residence permit, lasting not less than one year, issued for the following reasons:

subordinate work;

self-employment;

political asylum

study;

religious reasons;

family reasons.

WHAT DO YOU NEED TO HAVE TO REACH A FAMILY MEMBER?

1) A ACCOMMODATION

The applicant must have the availability of accommodation that can accommodate family members who must be reunited.

The competent municipal office issues the certificate of housing suitability, i.e. the declaration of how many people can live in the accommodation and that the home complies with the hygiene and health requirements.

2) AN INCOME

The applicant must have the availability of a minimum annual income deriving from legal sources "not lower than the annual amount of the social allowance increased by half the amount of the social allowance for each family member to be reunited." (SEE TABLE BELOW)

The calculation not only takes into account the applicant's income, but "the total annual income of the family members living together" which must be properly documented.

EXEMPLARY TABLE FOR THE YEAR 2019

  REUNION

Annual income

 1 family member

8931.00

 2 family members

11908.00

 3 family members

14885.00

 4 family members

17862.00

 5 family members

20839.00

RECONNECTION WITH CHILDREN UNDER 14 YEARS

Annual income

 Request for 2/3/4/5 ... children under 14 years

11908.00

 Request for 1 minor 14 years + 1 adult

11908.00

 Request for 1 minor 14 years + 2 adults

14885.00

 Request for 1 minor 14 years + 3 adults

17862.00

 Request for 1 minor 14 years + 4 adults

20839.00

 Request for 2/3/4/5 ... children under 14 + 1 adult

14885.00

 Request for 2 or more children under 14 + 2 adults

17862.00

 Request for 2 or more children under 14 + 3 adults

20839.00

 Request for 2 or more children under 14 + 4 adults

23815.00

For holders of refugee status and for those who enjoy subsidiary protection, please refer to art.29 bis of Legislative Decree 286/98.

From 17 August 2017, the application for authorization to family reunification must be forwarded in the usual electronic ways by the foreign citizen regularly residing in Italy accompanied by the documentation relating to the possession of the requirements regarding income and accommodation.

The documents to be presente

(http://www.prefettura.it/padova/contenuti/Ricongiungimento_familiare_documentazione_da_presendere_dal_17_agosto_2017-37831.htm) must be scanned and sent, attached to the application for clearance to family reunification, on the system of electronic submission of instances (ALI) (htt): //nullaostalavoro.dlci.interno.it/Ministero/Index2), only for the Nulla Osta application forms for family reunification (SM, T and GN), there will be new pages from which to upload the documents necessary for submitting such requests.

Each attached document must have a maximum size of 3MB and the allowed formats are: PDF, JPEG, TIF.

The help desk operator can send an email to the registered user, requesting that any additional documents be delivered to the help desk.

For foreigners who hold refugee status or residence permit for subsidiary protection, the provisions of art. 29 bis of the T.U.

The new procedure will allow the release of the clearance within 90 days from the date of submission of the application; in fact, the applicant can go to the Sportello Unico only for the delivery of the originals of the documents and, if they prove to be congruent with those sent electronically and already assessed as suitable by the Office, he will be immediately given the communication of release of the clearance to family reunification.

WHAT HAPPENS AFTER CLEARANCE

Once the authorization for reunification by the Single Desk for Immigration has been obtained, the family members, for whom the authorization has been requested, will be able to apply for the entry visa to Italy to the Italian diplomatic-consular authority competent for the country of origin at the time of the request, presenting the certification attesting the relationship of kinship, marriage, minor age and any necessary civil status document, duly translated and legalized

Once the entry visa has been obtained, the reunited family members, within 8 days of their entry into Italy, must request an appointment through the CISI branches to complete the first entry procedure at the Single Desk for Immigration.

The Sportello Unico will issue a receipt to the family members for the collection of the First Residence Permit for Family Reunification at the Police Headquarters.

Forms:

Form S1 - Declaration attesting consent to host the minor

Model S2 - Declaration attesting consent to host the applicant's family members.

Model S3 - Declaration relating to the existence of the employment relationship

Model S4 - Proxy act

Self-certification of the relationship

Self-certification of Residence for Cohabitants

Substitutive Declaration Act of Notorierà

Health Insurance Commitment

Statement
Articles 28 and 29 of Legislative Decree No. 288/98 modified by Law 189/02 and subsequent amendments and additions;
art.6 D.P.R. 394/99 and subsequent amendments and additions; Legislative Decree no. 5/07; D.L. n. 13/17

international protection

political asylum

Flow procedures

process-online.jpg

Entry into Italy for subordinate, even seasonal, and self-employment reasons must take place within the entry quotas established in the decrees - the so-called 'decree-flows' - which are periodically issued by the President of the Council of Ministers on the basis of the criteria indicated in the three-year planning document on immigration policies.

These procedures have been managed electronically for several years, so it will be sufficient to connect from your computer, or take advantage of the support of the numerous institutions or authorized patronages, to carry out all the practice.

The computerized system is composed of a website to which the user must connect via an Internet connection to then fill in and send the applications electronically.

A Help desk is always available where you can direct your questions or resolve small problems that may occur with the procedure.

Pending the regularization of irregular foreigners:

Iter Phase: Assigned to the I Constitutional Affairs Commission

Nature: Ordinary law proposal Presentation: Presented on October 27, 2017 Assignment: Assigned to the I Constitutional Affairs Commission at the Contact Person on November 17, 2017

Opinion of the Commissions: II Justice (ex article 73, paragraph 1-bis of the regulation, for the provisions on sanctions), III Foreign Affairs, V Budget, X Productive Activities, XI Work (ex article 73, paragraph 1-bis , of the regulation), XII Social Affairs, XIV Policies of the European Union and of the Parliamentary Commission for regional issues

ASYLUM REQUEST

1. You can apply for refugee status if:

in your country you have been subjected to direct and personal persecutions for reasons of race, religion, nationality, belonging to certain social groups or for your political opinions or if you have founded and proven reason to believe that you could be persecuted in the event of returning home (based on the Geneva Convention).

2. You cannot ask for refugee status in Italy if:

 you have already been recognized as a refugee in another state;
 you come from a state, other than the one you belong to, that has acceded to the Geneva Convention and in which, having stayed for a significant period of time, you have not requested recognition of refugee status;
 you have been subject to convictions in Italy for crimes against the personality or security of the state, against public safety, i.e. crimes of reduction in slavery, theft, robbery, devastation and looting, or in any case connected to the sale and illegal trafficking of weapons or of narcotic substances, or, finally, of mafia association or belonging to terrorist organizations;
 you have committed war crimes or peace crimes or humanity crimes.

3. Where to request:

 At the Border Police Office, upon entering Italy or
 to the Immigration Office of the local Police Headquarters where there is no Border Police Office on site.

4. How to request:

You can submit the request to the Police Office, which will provide you with the forms already prepared where you will:
 explain the reasons why you ask for refugee status;
 provide any other information or documentation in your possession, in support of the reasons for the request.
 You must also attach a copy of a valid personal identification document (passport, identity card, etc.) if it is owned, or provide your general information to the police authority, indicating any domicile where the communications of interest can be sent.
The Police Headquarters will issue you a copy of both the request and the documentation produced and will provide you with photo-reporting.

5. Who decides on your question:

The application, accompanied by the necessary documentation, will be promptly forwarded by the Police Headquarters to the competent Territorial Commission for the Recognition of the Refugee Status who will decide whether to recognize you the status. In Italy there are 7 of them (Gorizia, Milan, Rome, Foggia, Syracuse, Crotone and Trapani). The date of the summons to the Commission will be communicated to you by the Police Headquarters at the address you indicated when submitting the application.
It is important that you communicate any change of address to the Police Headquarters to receive all the communications of your interest. Remember that the hearing is very important for you to explain your situation well and to forecast your persecution fears well; therefore, if you do not appear at the meeting, the Commission may decide by examining the available documentation without listening to you.

6. What decisions can the commission take:

The Territorial Commission, within 3 days following the date of the hearing, adopts one of the following decisions:
 recognizes refugee status;
 rejects the application, but, although it does not recognize the requirements for refugee status, it can independently assess the danger of your repatriation and ask the Questore to issue you with a residence permit for humanitarian protection reasons. This type of residence permit lasts one year, renewable, and will allow you to work;
 reject the application: in this case the Quaestor will invite you to leave the national territory.

7. If you don't know Italian:

If you do not know the Italian language you can request the assistance of an interpreter or even a cultural mediator to compile and write, where possible, in your language, or in one of the best known languages ​​(ENGLISH, FRENCH, SPANISH, ARABIAN), the information model and statements regarding the reasons for the request.

8. What happens after the submission of the request:

Caso In case of verification by the Police Authority of the correctness of the submitted documentation, a three-month residence permit is issued by the Questore of the province in which the application was submitted, renewable until the decision of the Territorial Commission qualified.
 If you have arrived in Italy without any document certifying your nationality and your personal details, or if your request for recognition is based on elements that require verification, you will be hosted, for a maximum period of 20 days, in a identification. If within this period your request has not yet been decided by the Territorial Commission, you can leave the Center that hosts you and you will be issued with a residence permit valid for 3 months, renewable until the procedure is defined.
If you do not have the resources to keep yourself, you can ask the competent Prefecture, through the Police Office where you have submitted the application, to be hosted at special municipal reception structures, which will give you hospitality for the entire period of examination of your asylum application.

9. Remember that in the Identification Center:

 you will be guaranteed urgent outpatient and hospital treatment;
 you will be able to receive visits from family members, your lawyer, UNHCR and refugee protection bodies or organizations recognized by the Ministry of the Interior without special conditions;
 there is no obligation to stay, apart from the night hours, in any case in compliance with the criteria identified by the specific regulation of the managing body of the Center. In addition, for particular reasons (family, health), you can also request to be absent for prolonged periods, beyond the hours established in the regulation, with the authorization of the official in charge of the Center;
 prolonged, unauthorized and in any case not sufficiently motivated removal from the Center is equivalent to a waiver on your part of the application for recognition of refugee status.

10. What remedies do you have to oppose the negative decision:

If you are hosted at an Identification Center, you can submit, within 5 days of the negative decision, a request for a review of your application to the President of the Territorial Commission, based on elements that occurred compared to the Commission decision or on pre-existing facts that did not emerge during the first audition. Your request for review will be decided within 15 days.

n in any case, within 15 days from the notification of the Commission's decision, you can submit an appeal to the ordinary court competent for the territory (if you are not in Italy you can do it through diplomatic representation).

In both cases you can ask the prefect of the province where you are domiciled to authorize yourself to remain on the national territory until the date of appeal decision. The Prefect's decision will be communicated to you within 5 days of the request and, in the event of acceptance, will also communicate the manner of your stay in Italy.

11. What happens in case of recognition:

 The Commission will recognize you as a refugee and will issue you with a card certifying that your status has been recognized.
 Together with the card, the competent Police Headquarters will also give you a personal document that will allow you, if you wish, to travel abroad and to return to Italy (with a validity of time equal to that of the residence permit).
 To obtain identity documents, you must contact the Municipality where you have established your residence.
 You will receive a two-year residence permit.
 You will have all the rights and you will be subject to the same duties as Italian citizens, with the exclusion of those that presuppose Italian citizenship (for example, the right to vote, participation in competitions for access to public employment, etc.).
 If, in order to exercise a right in Italy, you must obtain certain documents or certificates from your country of origin, the Italian authorities will endeavor to ensure that they are provided to you, or they will replace them with their own deeds which will in effect replace those of your country.
 Under no circumstances can you return to your country of origin. This circumstance, in fact, could determine the cessation of your recognition, as a manifestation of will to return to take advantage of the protection of your country of origin. Similarly, any request for a passport at the diplomatic representations in Italy of your country will be interpreted as the desire to take advantage of the protection of your state.
 The personal document that the police headquarters will give you will allow you to go abroad for a period of time not exceeding three months, without the need for a visa. If, however, you need to settle abroad for longer periods, for example for work reasons, you will need to apply for a visa to the diplomatic representation of the country where you want to go, and then start, at the new state that will host you, the "transfer of responsibility" procedure.

A) If you wish to get married at an Italian Consulate (cases provided for by art.12 of Legislative Decree 71/2011)

The request to celebrate the consular marriage

If you wish to get married at an Italian consulate, the first thing to do is the so-called 'request for celebration of consular marriage'. It is a document that you must both sign, and that you must present in person to the consular office, or send by post, fax or email with a photocopy of your identity documents attached. For more information here you can find the list of all the representations consular abroad.

There are some cases in which your application could be refused (Legislative Decree 71/2011 - the celebration of consular marriage can be refused when local laws oppose it or when the parties do not reside in the constituency). If, on the contrary, the consular office accepts your request (as the requirements of the law exist) you can proceed with the request for publications.

Publications

In Italy, the celebration of marriage must be preceded by publications made by a registrar. The publications are valid for six months. You can therefore get married starting from the 4th day and within the 180th day after publication.If you cannot present yourself to request publications, you can still appoint a third person using a special power of attorney drawn up on plain paper and equipped with a copy of your identity documents which, of course, must be valid. If you are not a citizen of the European Union and you are not resident in Italy, your signature must be authenticated.

The request for celebration of consular marriage

Preliminary to the request for publications is the application for the celebration of the consular marriage, signed by both nubendi, which can be submitted in person to the consular office or sent by post, fax or email accompanied by a photocopy of identity documents. Pursuant to Legislative Decree 71/2011, the celebration of consular marriage can be refused when local laws oppose it or when the parties do not reside in the district. If the consular office accepts the request (as the requirements provided for by the law exist), the newlyweds will have to request publications.

If you are both Italian citizens and have residency abroad, you must request marriage publications from the diplomatic or consular representation where the wedding will be celebrated. If you reside in two different consular districts, the publications must be made at both diplomatic or consular representations).

If one of you (Italian or foreign) has a residence in Italy while the other (Italian citizen) has a residence abroad, you must request the marriage publications from the diplomatic or consular representation where the wedding will be celebrated, which in turn it will request them from the Municipality of residence in Italy. The publications will therefore be made in both places of residence.

If the Italian nubendo has his residence in Italy while the other foreign citizen has his residence abroad, you can request the marriage publications: - to the Municipality of residence in Italy and made there. In this case, the Municipality will issue the delegation (Art. 109 of the civil code) for the celebration of the wedding at the diplomatic or consular representation abroad; - or to the diplomatic or consular representation abroad, which will proceed as indicated in point 2.

If you are both resident in Italy, you must request the wedding publications from the Municipality of residence, where they will be made. If you live in two different Municipalities, publications will be made in both Municipalities. The Municipality will release the delegation pursuant to art. 109 of the Civil Code for the celebration of marriage at the diplomatic or consular representation.

B) If you wish to get married in Italy

If you are Italians living abroad and wish to get married in Italy, you must request the marriage publications from the Italian diplomatic or consular representation where you are registered. Here you can find the list of all consular representations abroad. The consular representation, once the publications have been carried out, delegates the Italian municipality you have indicated to the celebration (art. 109 of the civil code).

The documentation to be submitted to request publications

To request marriage publications you must present yourself in person at the consular office with a valid identity document (art. 51, paragraph 1, of Presidential Decree 396/2000 - request for publication).

If you cannot present yourself in person to request publications, you can still appoint a third person using a special power of attorney written on plain paper and equipped with a copy of your identity documents which, of course, must be valid.

If you are not an Italian citizen

If you are not an Italian citizen and wish to get married in Italy you must submit the authorization to the marriage (ex art.116 of the Civil Code) duly legalized and translated into Italian or the "marriage certificate" issued by the competent authorities of the country of which you are a citizen .

If you are a citizen of a country that does not belong to the European Union and you are not resident in Italy, in addition to the authorization, you must also present the remaining documentation proving the requirements required by art. 51, being documents formed abroad not registered in Italy or an Italian consular authority.

The states which signed and ratified the Munich Convention of 5 September 1980 and which issue the "marriage certificate" are the following: Austria, Italy, Germany, Greece, Luxembourg, Moldova, the Netherlands, Portugal, Spain, Switzerland, Turkey. It should be noted that the aforementioned Convention cannot currently be applied for Belgium which, although a signatory country, has not yet ratified it. Certificates issued under this Convention are exempt from legalization or any equivalent formality in the territory of each State party. For other states, there is talk of clearance.

Likewise, nubendi, in the cases provided for by Article 52 of Presidential Decree 396/2000, can present a copy of the marriage authorization measure granted by the court in the presence of an impediment at the time of the publication request, or send it later by ordinary mail.

C) If you are Italian and wish to get married abroad

Italian citizens who get married abroad are not subject to marriage publications, unless they are required by foreign legislation. In some cases, the foreign authority requires a "marriage certificate" under the Munich Convention of 5 September 1980. This certificate is exempt from legalization and translation.

The States that have signed and ratified the aforementioned Munich Convention and that require the "Certificate of matrimonial capacity" are the following: Austria, Italy, Germany, Greece, Luxembourg, Moldova, the Netherlands, Portugal, Spain, Switzerland, Turkey. It should be noted that the aforementioned Convention cannot currently be applied for Belgium which, although a signatory country, has not yet ratified it. If you intend to celebrate the marriage with the competent Authorities of one of the States that have signed and ratified the Convention, you must have the "Certificate of marriage capacity" issued by your Municipality of residence in Italy or, if residing abroad, by our Diplomatic Representation -consular competent for residence.

In some countries, not party to the Munich Convention, the local authorities with whom the marriage is to be celebrated may request a certificate of absence of impediments to contract marriage.

If you are resident abroad, you must submit the abovementioned "Certificate of matrimonial capacity" to the Italian diplomatic-consular representation in whose territorial district you reside, filling in a substitute declaration in which all the elements necessary for finding required information or data.

Any certificate of absence of impediments to contract marriage must always be requested from our diplomatic-consular representation in whose territorial district you intend to contract marriage, even if you are resident in Italy.

The Representation will be able to issue the requested document only on the basis of the positive outcome of the investigations, having acquired the documents required by law and those deemed necessary to prove the absence of impediments.

The transcription of the marriage certificate

Remember that the marriage celebrated abroad to have value in Italy must be transcribed at the competent Italian municipality.

The original marriage certificate issued by the Foreign Registry Office, duly legalized and translated (see the Translation and Legalization of documents section), must be remitted by the interested parties to the Consular Representation which will handle the transmission in Italy for the purpose of transcription in the civil status registers of the competent Municipality.

Alternatively, you can submit the deed, duly legalized and translated, directly to the Italian Municipality of belonging (see art. 12, paragraph 11, Presidential Decree 396/2000).

The documents issued by the countries that acceded to the Vienna Convention of 8 September 1976, which provides for the issue of a multilingual form, are exempt from legalization and translation. These countries are: Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Estonia, France, Germany, Italy, Lithuania, Luxembourg, Macedonia, Moldova, Montenegro, the Netherlands, Poland, Portugal, Romania, Serbia, Slovenia, Spain, Switzerland and Turkey. It should be noted that the aforementioned Vienna Convention cannot currently be applied for Greece which, although a signatory country, has not yet ratified it.

Recognition of foreign judgments (divorce, adoption, change of name or surname or other)

07/12/2017

The law of private international law n. 218/1995 provides, as a general rule, the automatic effectiveness in Italy of foreign judgments that respect some basic requirements of compatibility with the Italian legal system. The exception is the recognition in Italy of foreign sentences for the adoption of minors, for which we invite you to consult the specific dedicated section.

Foreign orders must be transcribed at the competent Italian municipality.

Foreign judgments, with legalization and translation into Italian, can be submitted for transcription in Italy:

to the Italian Municipality, directly by the interested party;

or to the Italian Consulate in whose district the sentence was issued.

To request the transcription it is necessary to show a valid identity document and produce:

request for transmission of the sentence in the form of a substitute declaration of notarial deed made pursuant to art. 47 of Presidential Decree 445/2000 certifying the existence of the requirements referred to in art. 64 of law 218/1995 in which it is declared that the sentence is not contrary to other sentences pronounced by an Italian judge and that it does not hang a judgment before an Italian judge for the same object and between the same parties;

full copy of the sentence complete with the requirements of art. 64, duly legalized and translated.

For the transcription of divorce sentences issued in an EU country, reference is made to the provisions of Regulation (EC) 2201/2003 of 27.11.2003. The competent authority of the Member State in which the divorce was pronounced issues, at the request of the interested party, a certificate using the standard model provided for by the aforementioned Regulation, which does not require translation and must not be legalized. The interested party must present a valid identity document and must attach to the aforementioned certificate a substitute declaration of the deed of notoriety made pursuant to art. 47 DPR 445/2000, certifying the existence of the requirements referred to in art. 22 of the aforementioned Regulation.

In any case, it is advisable, in any case, to make prior contact with the diplomatic or consular representation that is territorially competent for further clarifications, or to learn more about the requirements of any bilateral or multilateral agreements.

• Maintenance and family maintenance laws diverge by country.
• The court jurisdiction of the country in which the person applying for the maintenance allowance lives generally applies.

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