Spouses can't obtain Italian citizenship by descent but may apply through marriage, requiring residency and language proficiency criteria.
Italian citizenship by descent (jure sanguinis) is reserved exclusively for those who can prove a direct bloodline to an Italian ancestor. Spouses do not qualify under this law, but they can pursue citizenship through an alternative pathway. Here are the key points regarding citizenship options for spouses of Italian citizens.
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Eligibility through Marriage Instead of Descent:
- Direct Lineage Required for Jure Sanguinis: Citizenship by descent is limited to individuals with Italian ancestry, and does not apply to spouses.
- Pathway through Marriage (Naturalization): Spouses can apply for Italian citizenship through marriage, following a separate process with specific requirements.
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Requirements for Citizenship through Marriage:
- Residency and Duration Requirements: Spouses residing in Italy may apply for citizenship after two years of legal residency, while those living abroad must wait three years from the date of marriage.
- Reduced Waiting Period for Couples with Children: If the couple has biological or adopted children, the waiting period is reduced to one year for applicants residing in Italy and 18 months for those living abroad.
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Italian Language Proficiency Requirement:
- Language Certification at B1 Level: Since 2018, spouses applying for citizenship must demonstrate Italian proficiency at a B1 level or higher, certified by an authorized institution.
- No Language Requirement for Jure Sanguinis Applicants: Unlike citizenship by descent, the pathway through marriage requires proof of language proficiency.
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Application Process for Spouses:
- Application Submission Based on Location: Spouses applying from abroad submit their applications at the relevant Italian consulate, while those residing in Italy apply through the Ministry of Interior.
- Necessary Documents and Fees: The application process requires a marriage certificate, proof of residency if applicable, and payment of processing fees.
Conclusion:
While spouses of Italian citizens cannot obtain citizenship by descent, they have a pathway through marriage, which includes meeting residency and language criteria. This allows them to gain Italian citizenship and access the associated benefits of EU residency.