Italy: Whether there have been any changes to Article 5 of the 1992 Italian Citizenship Act since Response to Information Request ITA20073 of 10 March 1995 and whether a spouse of an Italian citizen is automatically entitled to Italian citizenship
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 September 1998 |
| Citation / Document Symbol | ITA30113.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Italy: Whether there have been any changes to Article 5 of the 1992 Italian Citizenship Act since Response to Information Request ITA20073 of 10 March 1995 and whether a spouse of an Italian citizen is automatically entitled to Italian citizenship, 1 September 1998, ITA30113.E, available at: https://www.refworld.org/docid/3ae6ab0130.html [accessed 14 October 2022] |
| 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. |
An official at the Embassy of Italy in Ottawa provided the following information during a 21 September 1998 telephone interview.
Article 5 of the 1992 Italian Citizenship Act has not been modified since it came into force. Article 5 of this legislation stipulates that the foreign spouse of an Italian citizen can apply for Italian citizenship six months after the date of the marriage if resident in Italy, or three years after the marriage if resident abroad, providing no divorce has taken place.
The spouse who meets these conditions can apply for Italian naturalization in Italy through an office of the Italian Ministry of the Interior or from abroad through the Embassy of Italy. In submitting an application for Italian naturalization, the foreign spouse must submit the following documents: a birth certificate issued by the local authorities at the place of birth; a marriage certificate translated into Italian; a certificate of good conduct issued by the authorities of the country of origin; a certificate of residency; a certificate showing that the foreign spouse is not divorced; the citizenship certificate of the Italian spouse; a copy of the foreign spouse's passport and the foreign spouse's citizenship application form.
The application for Italian naturalization is then examined by the Italian Ministry of the Interior. The examination process is lengthly; it can extend to between one year and one year and a half before reaching completion. If the application is accepted, the Italian Ministry of the Interior will publish an ordinance (or decree) by which the foreign spouse is granted Italian citizenship. However, the applicant must first swear an oath on the Italian constitution. Italian citizenship comes into effect with the oath of the applicant.
For a commentary on the Italian Citizenship Act, please consult Andrea Biondi's article entitled « The Reform of Italian nationality law », in Tolley's Immigration and Nationality: Law and Practice, attached to ITA24565.F of 26 July 1996.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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.
Reference
Embassy of Italy, Ottawa. 21 September 1998. Telephone interview with official.
