This article predates a change in the law and is awaiting an update. For a specific case, the Firm should be consulted.
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The 2018 reform of the Italian citizenship law introduces new rules and regulations on the acquisition and revocation of Italian citizenship.
Ius Soli and Ius Culturae
The Lega Nord political party has always held a very radical view on the rights to Italian citizenship. During the electoral campaign, Matteo Salvini stated on the subject that the right to Italian citizenship had to be desired, matured and earned. Italian citizenship is not given away. The lack of political quorum has meant that a final point has been put to the law on Italian citizenship for foreigners by ius soli. The Movimento Cinque Stelle party was also not in favor of the law on ius soli, that is, the right to citizenship for having been born in the country, since they consider that upon obtaining Italian citizenship the citizen also becomes a European citizen. This is the reason why they believe the matter should be dealt with at the European level.
Good level of the Italian language required to acquire Italian nationality.
The acquisition of Italian nationality by marriage -art.5- and by concession of law is conditioned on the interested person's possession of an adequate knowledge of the Italian language, which must not be lower than a B1 level. Excluded from this are those who have signed integration agreements and those who hold long-term residence permits. In these situations, the law already provides for an evaluation of the Italian language.
Increase of the fee for processing Italian citizenship from 200 to 250 €
The citizenship fee, which had been introduced in 2009 for petitions or declarations of election, acquisition of Italian citizenship, has been increased to 250€. Excluded from this payment are the procedures for Italian citizenship iure sanguinis and all automatic citizenship procedures.
New Italian citizenship granted within 730 days
Article 9-ter of 1992 extends from 24 months to 48 months the maximum term for the conclusion of the citizenship by marriage and naturalization procedure. The time is calculated from the moment the application is submitted before the competent authorities. The new law specifies that the new rules also apply to all citizenship procedures still in the process of being granted at the time the new law enters into force. The change in the duration of the application does not apply to applications for citizenship based on events that occurred before 1948, that is, for citizens with Italian ancestry of second or third generation who request iure sanguinis status.
6-month validity for civil registry certificates
Any document necessary for the granting of citizenship must have 6 months of validity at the time the application is submitted. Cancellation of the provision to reject the application for citizenship by marriage after 2 years from the application. The acquisition of citizenship by foreigners who have married Italian citizens is governed by articles 5 and 8 of law 91 of 1992. The reform proposed by Salvini cancels paragraph 2 of article 8 of law 91 of 1992, which rejects applications when more than 2 years have elapsed since the submission of the application for citizenship by marriage.
Revocation of citizenship in case of a final conviction for terrorism and subversion
The new article 10-bis provides for a case of cancellation of citizenship in case of a final conviction for crimes committed for purposes of terrorism or subversion of the constitutional order, for which the law provides for imprisonment for a period of not less than 5 years and up to 10 years. The revocation of Italian citizenship is carried out by decree of the President of the Republic within 3 years of the conviction.
