A foreign citizen (or stateless person) may apply for Italian citizenship through a civil union (same-sex marriage under Italian law), pursuant to Article 5 of Law no. 91/1992, provided that the following requirements are met:
- being civilly married to an Italian citizen for more than 2 years, if residing in Italy *;
- being civilly married to an Italian citizen for more than 3 years, if residing in another country *;
- for those not residing in Italy: a certificate of knowledge of the Italian language (B1 level) issued by an institution recognized by the Italian Ministry of Education;
- not having relevant criminal convictions.
- These periods are reduced by half if the couple has children together.
For the application to be accepted, there must be no separation of the couple, not even de facto. In addition, most Consulates require the Italian spouse to be present at the time of submission of the original documents.
Under the Italian legal system, cohabitation arrangements, stable unions, or any other type of private agreement are not equivalent to civil marriage or civil union.
We emphasize that, for the application to be accepted, it is essential that the procedure be carried out correctly (documentation, completion, and submission of the application).
Important: to apply for citizenship through a civil union, it is essential that the “Atto di Unione Civile” has been registered in the civil registry (Stato Civile) of the Italian Comune.
Important: to apply for citizenship through marriage, it is essential that the “Atto di Matrimonio” has been registered in the civil registry (Stato Civile) of the Italian Comune.
SPECIAL CASES:
- If the applicant has changed their surname: it is necessary to submit the birth certificate with the annotation of the name change.
- If the spouses do not have the same residence: it is necessary to submit a declaration signed by both spouses explaining the reason for the different residences (e.g., for work reasons).
- If the applicant has lived in other countries: it will be necessary to submit criminal record certificates from the other countries where the applicant has lived. The document must be submitted in the original, duly authenticated in accordance with the rules of the place of issuance and translated into Italian (the document is valid for six months from the date of issuance).
All applications for citizenship through civil union are forwarded to the Italian Ministry of the Interior (Ministero dell’Interno) in Rome.
The citizenship application process may be initiated either in Italy or abroad and takes on average 2 years from the date of submission. The statutory deadline for completion is 48 months for applications filed before December 20, 2020, and 24 months for applications filed after that date. In the latter case, the deadline may be extended up to 36 months if necessary.
This is a discretionary grant and not an automatic right. Therefore, the Italian Ministry may deny the naturalization application.
We emphasize once again that, for the application to be accepted, it is essential that the procedure be carried out correctly (documentation, completion, and submission of the application). Without proper assistance and guidance, documents and forms are often submitted incomplete or incorrectly, and it may be necessary to restart the entire procedure after years of waiting.
Cavalcanti de Albuquerque will assist you at every stage of the procedure and remains available to clarify any questions.
