Italy: Information on whether the wife of an Italian citizen is automatically entitled to Italian citizenship and, if not, what is the procedure for her to obtain Italian citizenship
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 March 1995|
|Citation / Document Symbol||ITA20073.E|
|Cite as||Canada: Immigration and Refugee Board of Canada, Italy: Information on whether the wife of an Italian citizen is automatically entitled to Italian citizenship and, if not, what is the procedure for her to obtain Italian citizenship, 1 March 1995, ITA20073.E, available at: http://www.refworld.org/docid/3ae6ab346c.html [accessed 3 March 2015]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
For information on the above-mentioned topic, please refer to the attached Act No. 91 of Italian Citizenship dated 5 February 1992. Article 5 provides general requirements pertaining to the naturalization of foreigners married to Italian citizens.
What follows is an unofficial translation of certain sections of the paper on Italian citizenship written by Stefania Bariatti, a law professor at the University of Milan, and published in November 1994 in Juris-Classeur Nationalité. The English terms used in the translation are not necessarily those used in the Canadian legal system, and are used only to facilitate understanding of the original text.
In order to obtain Italian citizenship, an alien or stateless spouse must file an application for naturalization through the office of the Mayor of an Italian municipality or an Italian consulate abroad (Bariatti Nov. 1994, 13). The applicant must include a birth certificate, a marriage certificate, a residence certificate, a certificate indicating the place and date of birth of family members as well as their kinship with the applicant, a police clearance certificate, the nationality certificate of the Italian spouse and documentation establishing that there was no divorce, marriage annulation or separation (ibid.). An Italian citizen cannot file an application for citizenship on behalf of his or her foreign spouse (ibid.). The office of the mayor or the consulate will forward the application to the Ministry of the Interior within of 30 days (ibid.). A decree issued by the Ministry of the Interior finalizes the naturalization of a foreign spouse (ibid.). However, the application could be turned down by decree if the applicant has been condemned for specific crimes stipulated in the Italian Penal Code, sentenced to a minimum three-year prison term by a foreign judge, or if there are reasons to believe the applicant is a security threat to the Italian Republic (ibid.). Italian citizenship is acquired after the applicant pronounces an oath of allegiance to the Italian Republic (ibid.).
Please find attached the section of the original French document which provides information on the naturalization of foreign spouses of Italian citizens.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Bariatti, Stefania. November 1994. "Italie," Juris-Classeur Nationalité. Edited by Charles L. Closset and Michel J. Verwilgen. Paris: Editions Techniques.
Bariatti, Stefania. November 1994. "Italie," Juris-Classeur Nationalité. Edited by Charles L. Closset and Michel J. Verwilgen. Paris: Editions Techniques, pp. 12-14.
Italy. Act No. 91 of 5 February 1992. UNHCR, REFLEG.