Italian citizenship by residency also without a valid permit of stay

Aug 01, 2023

In June 2023, the Court of Rome ruled in favor of the recognition of the Italian citizenship of a girl that allegedly was born in Italy and has just become 18 years old after her application was rejected by the Municipality of Rome due to her failure to present a valid permit of stay.

Background of the case

 The girl was born in Italy in 2001 and she lived in Rome with her family where she regularly attended school. Before turning 19, you applied for the Italian citizenship by residency.

The request was rejected because she did not provide a valid permit of stay.

However, the applicant did not agree with the findings and appealed the decision to the court stating that she has provided enough proof regarding her stable residence in Italy and that the possession of a valid permit of stay is not a compulsory requirement.

The girl declared to have been born in Italy and she proved her continuity of residence in Italy by providing certificates of enrollment to school, certifications relating to compulsory vaccinations, and a residence permit from the father on which the girl, at the time a minor, was registered.

Relevant points of this judgement

• About the proof of residence: According to the judgment, the proof of residence can be proved by any means since it represents the place where the individual lives permanently, which is different from the concept of registered residence.
• About the simplification of the application process for foreigners born in Italy: Another important point of this judgement is the objective of simplifying the application for citizenship for those foreigners born in Italy. The judgment indicates that the applicant can demonstrate the possession of the requirements with any documentation deemed suitable, and that a valid permit of stay, does not represent an essential element for the purposes of obtaining the status of an “Italian citizen”.

Also, the applicant submitted the historical certificate of her residency proving that she’s been registered in the municipality of Rome since her birth. The application was presented before the age of 19, therefore, the court indicated that she satisfied the requirements established by the law applicable at the moment of her application.

In light of these reasons, the appellant was recognized as an Italian citizen.

Important note: This Judgment does not constitute a binding precedence and the current regulation requires, even if the applicant is a minor, to possess an individual permit of stay (Law n. 122/2016, art.10). 

This article was written by Giuditta De Ricco and Grazia Sanfilippo

With our Multilingual Service Desks with native English, Italian, Japanese, Chinese, Spanish and Arabic speaking associates serving as a contact point, we offer a dense network of lawyers specialized in Italian Immigration and Citizenship law.

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