Separating or divorcing after applying for Italian citizenship by marriage may delay your application, but it doesn't automatically disqualify you if requirements are met.
If you separate or divorce after applying for Italian citizenship by marriage, it can potentially affect your application, but it doesn’t necessarily disqualify you. The impact depends on several factors, including when the separation or divorce occurs and whether you still meet the necessary requirements for citizenship.
1. Marriage Duration Requirement:
The most important factor in your application is meeting the marriage duration requirement. If you apply while married, you must fulfill the required time frame:
- 2 years of marriage if living in Italy.
- 3 years of marriage if living abroad.
If you separate or divorce before meeting these requirements, your application may be delayed or rejected. However, if you meet the duration requirement before the separation, you can still proceed with the application.
2. Impact of Separation or Divorce Before Marriage Duration is Met:
If you divorce or separate before meeting the marriage duration requirement (e.g., before 2 or 3 years of marriage), you will not be eligible to apply for citizenship by marriage. In this case, you would need to wait until the required period of marriage is completed, and you may have to apply again once you meet the conditions.
3. Impact of Divorce After Meeting Marriage Duration:
If your divorce occurs after meeting the minimum marriage duration, you may still be able to continue your citizenship application. The authorities may require additional documentation to prove that your marriage was genuine and ongoing before the divorce. You will likely need to demonstrate that the marriage was not a "marriage of convenience," and you should provide supporting documents such as joint financial records, proof of cohabitation, and any other evidence that supports the authenticity of your relationship.
4. Proof of Relationship Stability:
Regardless of the divorce, you must show that your marriage was stable and genuine before the separation. This includes proving that your relationship with your Italian spouse was real and ongoing at the time of application. Documents that can help include:
- Joint financial records (bank accounts, tax returns, etc.).
- Proof of cohabitation (lease agreements, utility bills in both names).
- Photographs and social media evidence (if requested).
- Affidavits from friends or family who can vouch for the authenticity of your relationship.
5. Delays in the Application Process:
A divorce or separation could cause delays in processing your application, as the authorities may request additional information or clarification about the status of your marriage. While it may not automatically disqualify you, be prepared for the process to take longer, especially if the divorce happens after the application is submitted.
6. No Automatic Disqualification:
A divorce does not automatically disqualify you from obtaining Italian citizenship by marriage. As long as you meet the marriage duration requirement before separating and can prove the authenticity of your relationship, you may continue with your application. However, it is advisable to consult with a legal expert or immigration lawyer to ensure your case proceeds smoothly.
Conclusion:
If you separate or divorce after applying for Italian citizenship by marriage, the impact on your application depends on the timing and your ability to meet the marriage duration and relationship stability requirements. A divorce before meeting the marriage duration requirement could delay or stop your application, while a divorce after meeting the requirements may require additional proof of the legitimacy of your marriage.