This article predates a change in the law and is awaiting an update. For a specific case, the Firm should be consulted.
Machine translation awaiting review.
Many of our clients apply for Italian citizenship through judicial proceedings or through the maternal line in Rome, Italy and then move for work reasons or simple language convenience to live in Spain.Naturally, most people who apply for Italian citizenship through the maternal line have Italian blood, but officially, until Italian citizenship is granted, they only hold passports from non-EU countries such as Argentina, Uruguay, Brazil, Chile, Venezuela, Peru or Paraguay, among others.
What are the consequences of being in Schengen territory with a non-European passport?
Officially, a citizen who does not hold a European Union passport can stay in European territory for a maximum of 90 days. The days are counted from the entry stamp in the passport. From day 91 onward, they will be living illegally in Europe. What does this mean for the person? If they do not commit any offense, they can continue living with an illegal residence status. Can a person regularize their illegal residence status in Europe?
On the day the ruling of the Italian citizenship case is issued, whether through the maternal line or through judicial proceedings, the situation of illegal stay in Europe can be regularized. The judge's decree declares the applicants Italian, and they will no longer be considered illegal in Spain or in any other country of the European Union. People who have been declared Italian by court ruling will have to complete several procedures before being able to apply for an Italian passport. First, they will have to carry out the transcription of the birth record in the Italian comune where the file registration was requested, and once the birth certificates are registered in the Italian comune, the persons, even if they live outside Italy, such as in Spain, France or Germany, can proceed with the AIRE registration and apply for the Italian passport or the Italian carta d’identità. Naturally, our firm Tramite Italia and our team of lawyers will be delighted to help you process the ruling so that your citizenship becomes effective.
