Can I apply for Italian citizenship by marriage if my spouse is Italian but not registered in Italy?

Yes, you can apply for Italian citizenship by marriage even if your spouse is Italian but not registered in Italy, provided they can prove their Italian citizenship.

Yes, you can apply for Italian citizenship by marriage even if your spouse is Italian but not registered in Italy. The key requirement is that your spouse must be a legitimate Italian citizen, regardless of whether they are registered in Italy or abroad. Here’s what you need to know to apply for Italian citizenship by marriage in this situation.

1. Proving Your Spouse’s Italian Citizenship:
Even if your spouse is not registered in Italy, they must still be able to prove their Italian citizenship. This can be done through:

• An Italian passport: If your spouse holds an Italian passport, this is evidence of their Italian citizenship.
• Italian birth certificate: If your spouse was born in Italy, a birth certificate from an Italian municipality will confirm their citizenship.
• Citizenship through descent (Jure Sanguinis): If your spouse acquired Italian citizenship by descent (through their Italian ancestry), they can provide documents proving their Italian lineage, such as their parents' or grandparents' Italian birth certificates, naturalization records, or other related documents. If your spouse cannot provide one of these documents, they may need to complete the process of recognizing their Italian citizenship through the consulate or relevant Italian authorities.

2. Marriage Duration Requirement:
To apply for Italian citizenship by marriage, you must meet the marriage duration requirement:

• 2 years of marriage if residing in Italy.
• 3 years of marriage if residing abroad.

The marriage duration requirement is halved if you have children together, meaning 1 year of marriage in Italy or 1.5 years if living abroad.

3. Language Proficiency Requirement:
Applicants must demonstrate proficiency in the Italian language at a B1 level (intermediate), regardless of where you live. You must submit proof of your language proficiency through a recognized language test or certificate. This requirement is essential for all applicants, including those married to Italian citizens.

4. Proof of Relationship Stability:
Since you and your spouse are living abroad, you’ll need to provide proof that your marriage is genuine and ongoing. This can include:

• Joint financial documents, such as shared bank accounts or tax returns.
• Proof of cohabitation, such as a lease agreement or utility bills in both names.
• Photographs or affidavits from family or friends who can attest to the authenticity of your relationship.

5. Application Process Through the Consulate:
If your spouse is not registered in Italy but can prove their Italian citizenship, you can still apply for Italian citizenship by marriage. You will need to submit your application through the Italian consulate in your country of residence. The consulate will process your application, verify your documents, and confirm your spouse’s Italian citizenship. Once everything is verified, your case will be forwarded to the Ministry of the Interior in Italy for final approval.

6. Processing Time:
The processing time for Italian citizenship by marriage typically takes up to 2 years. The timeline can vary depending on the consulate’s workload and the completeness of your application. Make sure to keep in contact with the consulate for updates on your application.

Conclusion:
You can apply for Italian citizenship by marriage even if your spouse is Italian but not registered in Italy. The most important factor is proving your spouse’s Italian citizenship, which can be done through their passport, birth certificate, or proof of citizenship by descent. Ensure you meet the marriage duration, language proficiency, and relationship stability requirements, and submit your application through the nearest Italian consulate. With the proper documentation and patience, you can successfully apply for Italian citizenship.