In many of our previous articles we explained the procedure to obtain Italian citizenship by marriage in great detail. This article instead will examine a specific scenario in which a woman who married an Italian citizen before April 27, 1983 may apply for the recognition of Italian citizenship retroactively. This is due to the fact that before April 27, 1983 all foreign women who married an Italian citizen automatically became Italian. Therefore, if you fall into this category you may be able to apply for the recognition of Italian citizenship via an Italian consulate or Italian municipality. The application process is different compared to the one pursued to obtain Italian citizenship by marriage which applies to a foreign man who married an Italian woman before or after 1983, or to a woman who married an Italian man after 1983. It will be the aim of this article to describe the differences between the two processes, and to examine how the children of a woman who married an Italian man prior to April 27, 1983 may also be eligible to obtain Italian citizenship.
Applying for Italian citizenship by marriage
Before we explain the application process to obtain Italian citizenship which applies to a woman who married an Italian man prior to 1983, it is worth explaining the application process to obtain Italian citizenship by marriage that applies to a foreign man who married an Italian woman before or after 1983, or to a woman who married an Italian man after 1983.
In these cases, in order to apply for citizenship by marriage, if the couple reside in Italy, the foreign spouse can file an application after 2 years from the date of marriage or civil union. On the other hand, if the couple reside abroad, the foreign spouse can apply after 3 years from the date of marriage or civil union. If the couple have minor children the number of years is halved. These rules also apply to same-sex civil unions, which Italy recognized officially by law in 2016.
It is worth specifying that if the couple reside abroad, the Italian spouse must be registered with the A.I.R.E. (Registry of Italian Citizens Residing Abroad) and must have registered the couple’s marriage certificate through the local Italian consulate . However, and most importantly, in order to apply, the foreign spouse must pass a B1 language test and provide a certificate of clean criminal records issued by all of the states in which the foreign spouse has resided since the age of 14. The foreign spouse will also need a certified copy of his/her birth certificate (duly legalized and translated into Italian), and proof of payment of €250, which is the fee for the Italian authorities to process an application.
The application can be submitted to the Italian Ministry of the Interior’s online portal. Once the application has been assessed, if the couple reside abroad, the Italian consulate where the Italian spouse is registered with the A.I.R.E. will contact the foreign spouse in order for he/she to submit the original copies of the documents. On the other hand, if the couple reside in Italy, the foreign spouse will need to submit the original documentation to the local prefecture (Prefettura).
Italian citizenship for women who married an Italian citizen prior to April 27, 1983
If you married an Italian man prior to April 27, 1983 you can claim your right to Italian citizenship through a process which is faster compared to applying for citizenship by marriage. This is due to the fact that Italian consulates can release ad hoc appointments for individuals pursuing this path. In order to apply you will not need to pass a B1 language test and you will not be required to provide clean criminal records because prior to April 27, 1983 foreign women acquired their Italian husbands’ citizenship automatically, therefore if you fall into this category you will only need to apply for the recognition of Italian citizenship retroactively by providing your local Italian consulate or municipality (if you reside in Italy) with proof that you were married to an Italian citizen prior to April 27, 1983. The application process is similar to the one pursued to obtain Italian citizenship by descent, however, it is worth pointing out that some consulates might apply slightly different requirements; nevertheless, as a general rule you will need to provide a certified copy of your birth and marriage certificates (duly legalized with Apostilles and accompanied by a professional translation into Italian). Some consulates might require your marriage certificate to be registered in the municipality in Italy where your husband is registered with the A.I.R.E., therefore, it is advisable to contact the consulate to which you will be applying in order to check the specific requirements. In addition to this, you will be required to pay a fee (€300 approximately) in order for the consulate to process your application.
Please note that if you divorced prior to April 27, 1983 you lost your right to citizenship when your divorce occurred. On the other hand, if you divorced after April 27, 1983 you can apply for Italian citizenship.
Finally, please bear in mind that, as previously mentioned, this specific path towards acquiring Italian citizenship is applicable to women only; in other words, a man who married an Italian woman prior to April 27, 1983 cannot apply for the recognition of Italian citizenship, but he might be able to apply for Italian citizenship by marriage instead.
Italian citizenship for children born after a marriage occurred before April 27, 1983
An important aspect which is worth considering is that if you decide to apply for the recognition of Italian citizenship based on the fact that you married an Italian man prior to April 27, 1983, your children could also apply for Italian citizenship provided that they submit certified copies of their vital records (birth, marriage and divorce certificates, if applicable). In this sense, you would be the qualifying family member in the Italian lineage and your children would be able to apply for Italian citizenship by descent.
It is worth specifying that if you divorced prior to April 27, 1983 but after your child’s birth, your child can still claim Italian citizenship.
Final remarks
In conclusion, this article has sought to analyze the differences between applying for Italian citizenship by marriage and obtaining Italian citizenship retroactively as a result of having married an Italian man prior to April 27, 1983. If you would like further information about the paths towards acquiring Italian citizenship described above, or a free eligibility assessment, please feel free to contact us at [emailprotected]
April 21, 2023By Marco PermunianItalian Citizenship By Marriage
About the author
Marco Permunian is an expert in Italian citizenship law matters residing in Los Angeles, CA and Rovigo, Italy. He received his law degree from the University of Ferrara in Italy and he is currently working for ICA, a leading firm providing dual citizenship services to American Citizens. Marco is a frequent guest speaker at events and conventions on US and Italian dual citizenship.
FAQs about applying for Italian citizenship by residencyHow to register your vital records in Italy
