Yes, you can apply for Italian citizenship by marriage if your spouse is an Italian citizen by descent, but the process may involve additional steps.
Yes, you can apply for Italian citizenship by marriage if your spouse is an Italian citizen by descent, but there are specific considerations to keep in mind. The process for acquiring Italian citizenship by marriage is slightly different when your spouse is a citizen by descent (i.e., through Italian ancestry), as opposed to being a natural-born Italian citizen.
Citizenship by Marriage When Spouse is a Citizen by Descent:
Understanding Citizenship by Descent:
In Italy, citizenship can be passed down from generation to generation through descent (jure sanguinis). This means that if your spouse’s Italian citizenship is acquired through their Italian ancestry, they are considered an Italian citizen by descent. However, when it comes to applying for citizenship by marriage, the process is based on your marital relationship with your Italian spouse, not on their citizenship by descent status.
Eligibility for Citizenship by Marriage:
-
Marriage Duration Requirement:
If your spouse is an Italian citizen by descent, the marriage must meet the standard duration requirements to apply for citizenship. You must have been married for at least 2 years if residing in Italy or 3 years if living abroad. This duration can be reduced by half if you have children together. Even if your spouse is an Italian citizen by descent, these requirements remain the same. -
Language Proficiency:
Regardless of whether your spouse is an Italian citizen by descent, you will still need to demonstrate proficiency in the Italian language at a B1 level. This is a requirement for all applicants for Italian citizenship by marriage and is in place to ensure integration into Italian society. -
Proof of Relationship Stability:
To apply for citizenship, you must show that your marriage is stable and ongoing. This can be demonstrated through documents such as joint financial accounts, tax records, and proof of cohabitation.
Considerations for Citizenship by Descent:
-
Descent Citizenship does Not Affect the Marriage Process:
While your spouse’s Italian citizenship by descent grants them certain rights as an Italian national, it does not directly affect your eligibility for citizenship by marriage. The application process is still based on your marriage to an Italian citizen, and you must meet the usual requirements, including the duration of marriage and language proficiency. -
Verification of Citizenship Status:
If your spouse is an Italian citizen by descent, you may need to provide additional documentation to prove their citizenship status, such as their Italian birth certificate or documents proving their descent from an Italian ancestor. This is necessary to verify that your spouse is indeed a citizen of Italy, even if they acquired citizenship through ancestry.
How to Apply for Italian Citizenship by Marriage with a Spouse Who Is an Italian Citizen by Descent:
-
Verify Spouse’s Citizenship Status:
Gather documents that confirm your spouse’s Italian citizenship by descent, such as their Italian birth certificate or documents showing their Italian ancestry. -
Meet the Marriage Duration and Language Requirements:
Ensure that you fulfill the required marriage duration and language proficiency criteria for citizenship application. -
Submit Your Application:
Submit your application for citizenship to the local municipality in Italy or at the nearest Italian consulate if you reside abroad. Include all necessary documentation, including proof of marriage, language proficiency, proof of your spouse’s Italian citizenship, and any other required documents.
Conclusion:
If your spouse is an Italian citizen by descent, you are still eligible to apply for Italian citizenship by marriage, provided you meet the standard marriage duration and language requirements. While your spouse’s citizenship by descent does not directly impact your application, you will need to verify their Italian citizenship status and follow the usual application process. With the right documentation and compliance with all requirements, you can successfully apply for Italian citizenship through marriage.