Italy introduces new Immigration Law

A new Security Decree that has recently been enacted in Italy which significantly alters the procedure for applications for Italian citizenship.  Matteo Salvini, interior minister and leader of the League, (a far right political party), has successfully navigated the controversial new law through the lower house and the Senate; the law was carried on a sweeping majority. 

The previous entitlements enabling application for Italian citizenship still apply:   jus sanguinis – birthright by reason of your Italian parents or grandparents; marriage or residency.  However, now the time scale is considerably longer for those applying by virtue of marriage or residency. 

Since the Decree anyone applying under those entitlements may have to wait up to four to five years as it will take at least one year for the Consulate to receive and review all the required documents and then possibly a further four years for the application to be processed and citizenship to be granted.  There will also be a new Italian language test (which will not apply to those applying through birthright), the test is to the high standard of B1and an exam must be passed to obtain a certificate.

It is easier to obtain citizenship through decent as the time frame of two years has not changed, provided the relative relied on was born after 1948, and there is no compulsion to learn Italian.  However, anyone applying through a relative born before 1948 will have to wait four years for citizenship.

Birthright – Jus sanguinis

  • No change providing the relatives you rely on were born after 1948.  if you rely on relatives born before 1948 the process will take four to five years

Marriage

  • One year for the Consulate to receive and review documentation.
  • An Italian language test is now required.  The test is to B1 level which is intermediate level, a pass certificate will be required with the application.
  • A further four or five years for an application to be processed and citizenship granted.

Residency

  • One year for the Consulate to receive and review documentation.
  • A further four or five years for an application to be processed and citizenship granted.

Unfortunately there is no way to shorten the expanded time scales and it is possible that it may take even longer for the initial applications to be processed under the new rules, as the authorities have not yet defined the procedures to implement the new law and it is unclear how the new rules will work in practice.   

For further information about managing applications for Italian citizenship please contact clientservices@giambronelaw.com or telephone 020 7183 9482