Now that Brexit is upon the UK in a matter of days many people are more focused on obtaining dual nationality status in a number of countries in Europe. Not all countries permit dual nationality, Spain for example, does not. Whereas Italy, one of the most enviable European countries to live in, does permit dual nationality and there is more one route. Broadly there are three ways to obtain Italian citizenship, through your family, marriage or naturalisation.

Descent (jure sanguinis (blood right)

Italian citizenship is most frequently acquired through a family connection, jure sanguinis (blood right) i.e. being born into a family with Italian heritage. The male line can transfer citizenship without limit to the number of generations. However do not forget that Italy was not a unified country before 1861, prior to that there were no Italian citizens. The female line could only transfer citizenship from 1948 until a decision by the Supreme Court judged that the provision was contrary to the principles of equality.

Marriage

Marriage to an Italian citizen automatically confers the right to apply for Italian citizenship. However, this is not the case if the non-Italian spouse has been found guilty of taking part in serious criminal activity anywhere in the world. The only other situation that would prevent an application for Italian citizenship is if a person was deemed to be a threat to national security due to the potential for terrorist activity. There are variable qualifying periods of time before you can apply depending on whether you are living in Italy or elsewhere. There is also an obligation to speak Italian to a reasonable standard. Also, the marriage must remain viable throughout the entire procedure to obtain citizenship.

Naturalisation

If you are not a citizen of an EU country and have legally lived in Italy for at least ten years you may begin the procedure to apply for Italian citizenship. If you are a citizen of an EU country you may apply for citizenship of Italy after four years of legal residency. A person who has native-born Italian parents or grandparents who have, in the past, renounced their Italian citizenship which therefore prevents them from passing on the right to Italian citizenship can apply for Italian citizenship after three years of legal residency in Italy.

It will come as no surprise that all the categories available for application for Italian citizenship require considerable supporting documentation to ensure the provenance of the individual and the validity of the application. Elze Obrikyte, who heads our immigration team in Sicilly, commented: “due to the increased volume of applications the Consulate is scrutinising every applicant’s documentation with considerable diligence compared to the past and applications are being rejected for the smallest defect.” The best way to overcome the possibility of an application being rejected and the applicant having to go to the back of the queue and start again is to have an expert immigration lawyer by your side who can review the documentation and ensure that there are no gaps or mistakes that will cause the application to fail. Any noticeable problem in the documentation will be picked up by the lawyers who will then find a way to overcome the problem before the application is made.

The Consular officers have considerable discretion and the lawyers in Legal Law Limited’s immigration team have a comprehensive understanding of each stage and the issues that can cause a problem and strive to maintain a good relationship with the Consulate. When it comes to the face to face interview our lawyers ensure that our clients are well briefed before this crucial make or break interview as and applicants must attend the interview alone. Legal Law Limited’s immigration lawyers make every effort to predict all the questions an applicant may possibly be asked and provide them with guidance as to how to answer. Fortunately, Elze and her team have a remarkable track record of success and have successfully guided many clients to Italian citizenship.