Currently, Italian citizenship is regulated by Law of February 5th 1991, No. 91, Presidential Decree of 12 October 1993, No. 572 and the DPR of 18 April 1994, No. 362.
In order to apply for the reacquisition of Italian citizenship, there are basically two pathways:
a) if the applicant declares in advance his/her will to reacquire the Italian citizenship and the applicant establishes his/her residence in the territory of the Italian Republic within one year of the concerning declaration.
b) One year after the date on which the applicant establishes residence in the territory of the Italian Republic unless he/expresses to give up the Italian citizenship
Otherwise, it is also possible to apply for the reacquisition of Italian citizenship in the following cases :
c) if the applicant performs effective military service for the Italian Republic and declares in advance his/her will to reacquire the Italian citizenship
d) if, in the case the applicant takes a public job employed by the Italian Republic (even abroad), he/she declares in advance his/her will to reacquire the Italian citizenship
e) if the applicant declares in advance his/her will to reacquire the Italian citizenship , in the specific case where the applicant had lost the Italian citizenship by failing to abandon the employment of another State or an international body (even when requested) and demonstrates that he/she has established residence for the last two years in the territory of the Italian State and proves to have abandoned the employment given by another State.
In cases a), b) and e), the reacquisition of Italian citizenship will have no effect if the application is inhibited by decree of the Minister of the Interior, for serious and proven reasons and in accordance with the opinion of the Council of State.
It must be clarified that the reacquisition of the Italian citizenship is not allowed in the following cases:
| Question | Answers | Explanation |
|---|---|---|
| Can I request the reacquisition of my Italian citizenship if I was Italian at birth? | YES | Any person who has been Italian in a certain period of his life can request the reacquisition of the Italian citizenship. |
| Is it necessary to be born in Italy? | NO | It is not necessary to be born in Italy, but your birth should be registered by an Italian town hall and duly updated with your foreign naturalization. |
| Can I apply if I voluntarily renounced my Italian citizenship? | YES | If you were Italian and then decided to renounce your Italian citizenship and have changed your mind you can reacquire your Italian citizenship. |
| Can I request the registration of my naturalization directly at the town hall in Italy? | NO | As you are resident abroad, you should request to update your status at the relevant Italian Consulate with jurisdiction over your place of residency. Consequently, the Italian Consulate will update the information on your birth act registered in Italy. |
| Can I apply at the Italian Consulate abroad? | NO | The Italian Consulate abroad can only handle an initial Declaration of intent, but it is necessary you take residency in Italy and submit the request to the relevant town hall. |
| Is the Declaration of Intent mandatory at the Italian Consulate to reacquire the Italian citizenship? | NO | It isn’t, but it could be very helpful. In fact, in case you have the Consular Declaration, then you can submit the request of reacquisition at the Italian town hall just after the confirmation of residency. Otherwise, you should wait for a year of residency in Italy before submitting the request. |
| Should I book an appointment at the Italian Consulate to make the Declaration of Intent? | YES | You should prepare all necessary documents, pay a Consular fee and then book an appointment. While at the Consulate, you should sign the Declaration in front of two witnesses. |
| Does the Declaration expire? | YES | The Declaration is valid for 12 months only. Within that timeframe, you should move your residency in Italy and submit the request of reacquisition. |
| Can my children apply with me? | YES | Your minor children can apply with you, but they should be resident with you in Italy and be involved in the whole process. |
| Can my spouse apply for Italian citizenship with me? | NO | You should first reacquire your Italian citizenship and only then your spouse can submit her/his application for citizenship through marriage – please check our web page for more information on this matter. |
| Is the Consular Declaration the only certificate I need to prepare for the request in Italy? | NO | You should prepare documents showing your past Italian citizenship and your foreign naturalization. We will guide you through the whole process, including the preparation of documents. |
| Do I need to have all documents ready before the application? | YES | All documents should be ready before the application. This applies to all processes when requesting Italian citizenship. |
| Does the town hall confirm the reacquisition as soon as I take residency? | NO | The Italian part of the reacquisition could take several months, because the town hall should evaluate all documents and the application. We will also handle any communications with the Citizenship office. |
| Can I choose the Italian city where I prefer to reside? | YES | You can choose the Italian city where you prefer to take residency and apply for the reacquisition of your Italian citizenship. |
| Do I need a permit of stay? | YES | If you are a Non-EU citizen, you need a permit of stay to reside in Italy. We will guide you through the process of obtaining an Italian permit of stay while the citizenship process is on-going. |
| Can my family come with me to Italy? | YES | In case of Non-EU family members, they can come with you and apply for a permit of stay for family reasons. |
| Should I remain resident in Italy after I have reacquired my Italian citizenship? | NO | After the reacquisition, you can decide to move your residency as you please. |
Do you think you meet all the requirements to apply for the reacquisition of the Italian Citizenship?
Contact us through our online form or by sending us an e-mail to citizenship@mazzeschi.it.
Attorney at law since 2006, specialized in real estate law, inheritance, citizenship and corporate law.
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