I Am Married to an Italian

IHow the law works

If you are a foreign spouse married to an Italian citizen, you may qualify for Italian citizenship through marriage. Italian citizenship laws vary depending on the date of marriage, and understanding these differences is essential to know your rights and the application process.

Italian law granted automatic citizenship to foreign women who married Italian men until April 27, 1983. Before this date, any foreign woman who married an Italian citizen immediately became an Italian citizen. If you married an Italian citizen (or a man who has the right to Italian nationality) before April 27, 1983, you can apply for recognition of your Italian nationality. This process is faster than the traditional jure matrimonii application.

Additionally, if your father was born in Italy and became naturalized before your birth, you cannot apply for citizenship through him. However, you may apply through your mother, provided that their marriage took place before April 27, 1983.

For more details on citizenship laws, refer to the Italian Ministry of Foreign Affairs website and the Italian Civil Code, which explain the legal foundations for acquiring nationality.

Important cases

Law n° 91 of February 5, 1992, (Articles 5, 6, 7, and 8) along with later amendments, now regulates the process of Italian citizenship for foreign spouses who married after April 27, 1983. Here are key cases in which citizenship may or may not be granted:

Cases in which Italian citizenship is obtained:

If your parents were married before April 27, 1983 and your father died before that date.
If your parents divorced before April 27, 1983, but after your birth, you can still apply for Italian nationality. If, on the other hand, your parents divorced after this date, your mother can apply for citizenship.
If your father became a naturalized American citizen after May 19, 1975, your mother does not lose the Italian citizenship acquired through marriage.
After April 27, 1983, the law also included the recognition of nationality for men married to women of Italian descent, and now same-sex marriage partners are also recognized.

Cases in which Italian citizenship is NOT obtained:

If your parents were married before April 27, 1983, your mother may lose the right of “jure matrimonii”.
If your parents divorced before April 27, 1983, your mother will have lost citizenship at the time of the divorce.
If your father became a naturalized american before May 19, 1975, your mother loses the Italian citizenship acquired through marriage.

How can a foreign spouse acquire Italian nationality?

As a foreign spouse, you can acquire Italian nationality by meeting certain requirements set by current regulations, which we outline below.

The basic requirements are:

A B1 level of proficiency in Italian, according to the Common European Framework of Reference for Languages. This requirement has been mandatory since December 2018..
Three years after marriage, if the spouse is an Italian citizen iure sanguinis; in case of naturalization after marriage, the three years are counted from the date of naturalization of the spouse. In case of minor children born or adopted by the spouses, the three years are reduced to one and a half years; know Italian at least at the B1 level of the Common European Framework of Reference for Languages. This requirement was adopted in December 2018.

Do you qualify for Italian citizenship by marriage? Write to us!

Please remember that all information provided is for informational purposes only and does not constitute legal advice.