The applicable law to the maximum time limit set for Italian authorities to handle Italian citizenship applications by marriage has changed a number of times in the past few years.
Which term applies to your application?
For applications submitted from 21.12.2020, the deadline is 24 months, extendable to 36 months (art.4 c. 5 and 6 of Law Decree of October 21st, 2020 np. 130 amending Article 9 ter or the Italian Nationality Act).
LEGGE 5 febbraio 1992, n. 91: Nuove norme sulla cittadinanza
Art. 9-ter
1. Il termine di definizione dei procedimenti di cui agli articoli 5 e 9 e’ fissato in ventiquattro mesi prorogabili fino al massimo di trentasei mesi dalla data di presentazione della domanda.
For applications submitted between October 5th, 2018 and December 20th, 2020, the maximum handling time is 48 months, according to Law Decree of October 4th, 2018 no. 113.
For applications submitted before October 5th, 2018, the Ministry of the Interior maintains that the 48 months deadline still applies.
Please note that these deadlines apply to procedures of Italian citizenship by marriage (i.e. if your spouse or same-sex registered partner is an Italian citizen), or by residence in Italy. That is the meaning of the language of the law quoted above, and particularly of the reference to Articles 5 and 9 of the Italian Nationality Act. These deadlines do not apply to the procedures of Italian citizenship by origin from an Italian-born ancestor.
An arguable interpretation of the law
The 4-year provision should not apply to the applications submitted before October 5th, 2018. That is because the provision which extended the 4-year deadline for applications was deleted and replaced in October 2020 (by Article 4, §5 of Law Decree 130/2020).
As a consequence, the previous 24-month deadline applies.
The main reference in the law for the duration of the Italian citizenship process is Article 3 of the President of the Republic Decree of April 18th, 1994 entitled “Regulation concerning the process for acquiring the Italian citizenship”. It stipulates that the deadline to conclude a citizenship process is 730 days.
DECRETO DEL PRESIDENTE DELLA REPUBBLICA 18 aprile 1994, n. 362, “Regolamento recante disciplina dei procedimenti di acquisto della cittadinanza italiana”
Art. 3, Definizione del procedimento
1. Per quanto previsto dagli articoli 2 e 4 della legge 7 agosto 1990, n. 241, il termine per la definizione dei procedimenti di cui al presente regolamento è di settecentotrenta giorni dalla data di presentazione della domanda.”
However, the Ministry still maintains that even applications submitted before October 5th, 2018 are subject to the long 4-years handling time. That gave origin to recent disputes before the Italian Courts (October 2021). The judgements are still very few but recognise that the applicable deadline is still 730 days.
Such encouraging decisions did not change the behavior of the Ministry of the Interior so far, but with time, such change will be an unavoidable consequence.
Important!
You may not be aware that your application may already have been processed
The Ministry has been insisting for almost a year now that they will send any formal communication concerning the application exclusively through the online application platform.
As a consequence, you may not receive any notification of a decision on your application by email, or through the Italian Consulate, or by registered mail.
It is crucial to access the online platform. Any communication on your application appears on said Ministry’s online platform and can be subject to a tight deadline for you to reply.
For example, if the Ministry regards your paperwork as insufficient, they will send a message on the online platform with a term of 10 days for you to reply. In case you do not reply, they will archive your application and invite you to start a new application, in case you have any further observations or documents to add.
Any As you probably know, access is currently granted via the new SPID system (Sistema Pubblico di Identità Digitale). If you do not have one, you will be required to make a new registration in order to link and access your existing application.
What you can do
It’s a fact that active applicants get decisions faster. Don’t accept to be put on a shelf: let your voice be heard! Express your mind and urge the office to respect your right to a timely and clear decision on your application.
If you applied for citizenship by marriage, please refer to my blog article Italian citizenship by marriage. How to cut the waiting time? for details.
From that page, you can also request the free form to send to the Italian administration and urge for a decision on your application.
For more information:
When in doubt, ask us. Contact us
Discover your real options. If you dispose of basic information on your Italian descent (your Itali-born ancestor’s date and place of birth, and the date and place of birth of each descendant) and possibly dispose already of family records, we can evaluate your actual options and devise the best strategy for you to obtain the Italian citizenship. Book a private consultation with me
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What do you think about this information?
What is your experience? Leave your comment below and I will return to you.
Good Morning Lara,
My spouse applied for Italian citizenship twenty months ago and she has steadily received on the Ministero Dell’interno portal messages documenting the various stages or phases of her application. Exactly one month ago she received the following message on the portal:
“l’istruttoria si è conclusa favorevolmente; l’ufficio competente curerà la notifica del provvedimento di concessione.”
Does this mean that her application is already at the preffetura and she should just make contact with the person she submitted the documents to after she applied online? Exactly 20 months have passed since my spouse has applied for Italian citizenship.
By the way, your writings on how to apply and speed up the application for Italian citizenship, clarifications and interpretations of the laws, etc., have been extremely helpful.
I’m happy to hear that my work helped your family. In theory, you don’t need to contact the Prefettura now. They will send you a letter by registered mail about the decision granting the citizenship and inviting your spouse to set an appointment within six months with the municipality of your residence for her oath of allegiance. In practice, most Prefetture have a high backlog and operate on a poor level of organization. Moreover, most municipalities (especially the largest ones) take several months to give you an appointment. So it’s better you start contacting the Prefettura and urge them to send you the official decision on your spouse citizenship. That way, you will be able to set an appointment at the municipality as soon as possible. Will you let me know how you get on with it?
I applied for residence citizenship in February,2016. Does the law apply to me?
Yes, if you have no information about a decision on your application dated before October 4th, 2018.
Please my husband apply Italian citizenship passport for me last year,August 2018,
I want to know if mine application is among the four years line to receive my citizenship passport or am among the two years line,since mine was applied before the new law four years.
Thanks,
The Ministry of the Interior has declared that the language certificate is required to ALL applicants, even if they submitted their application prior to 4 October 2019.
I think you meant the 4-year processing time is applied to all applicants, not the language requirement.
The language requirement applies only to applications for citizenship by marriage or by residency submitted after 3 December 2018.
As written above, “the 4 years deadline applies to citizenship applications by residence and by marriage. According to the Ministry of the Interior, this new term also applies to the practices already started as of October 5th.” The language proficiency requirement applies to all citizenship applications by marriage submitted after December 4th, 2018. You are correct: the language requirement applies in principle also to people who apply for citizenship by residence after that date. In practice, the requirement rarely applies since most applicants fall into the excepted cases as mentioned by the law at this page, What does the Decreto Sicurezza say exactly?
Hello lara….can a lwayer help with my dad issue .. because he cant write the language exam. But has been a good person to the society and work for almost 15-18 years in italy . And he know wants to apply the to citizenship. Because in belgium, if one cant write the text , a lwayer can help u get the passport . How about that in italy too. Thanks for your answer .
The law provides no exceptions to the language proficiency requirement for the elderly, unfortunately. That happens in other countries as well, notably in the USA where a large part of the population with immigrant background is excluded from citizenship even after several decades of residence, because of the language requirement. It may be attempted to challenge an Italian citizenship rejection in case the applicant can prove by a public medical certification to have a learning deficiency due to desease or disability. But the result of such action is uncertain.
Dear Lara,
I applied for Italian citizenship through marriage in August 2016. Does the new rule (4 years) still apply in my case?
In November 2018, I attached some documents as they required in order to complete my application but I have not got any feedback or any communication. Should I sent the SOLLECITO letter or should I wait?
Would you please sent me the SOLLECITO form.
Thanks for your help.
Sent!
Please i submit my Italian citizenship since 2017. When am i going to received it is it 2 years or 4 years
The four-year deadline applies to your application and to all in course as of October 4th, 2019.
Would you please sent me the SOLLECITO form.
Thanks for your help.
Those that submitted their application for citizenship after attaining 10 years residence before October 5th. Will the 4 years wait for citizenship affect them also?
Thanks for your help.
Unfortunately, yes. That is the meaning of Article 9-ter of the Italian Nationality Act. You may check the Article in English at this page: “Italian Nationality Act in English“
I applied for Italian citizenship through marriage in November 2015 so the 2 year deadline has already passed. Does the new rule still apply in my case?
The law says the new rule doesn’t apply retroactively. So it doesn’t apply to your application as to any other application submitted before October 4th, 2018. However, the Ministry of the Interior – which is in charge of processing Italian citizenship applications by marriage, affirmed the contrary, i.e. that the new rule applies retroactively to any application in course. That is an unlawful statement (even if it is included in the new regulation) because it clashes with the higher ranking principles of law provided by the Italian national law and the law of the European Union. Please refer to my blog article Italian citizenship by marriage. How to cut the waiting time? for details and to obtain the free form to send to the Italian administration and urge for a decision on your application.
Dear Lara,
I’m a non EU citizen and I applied for Italian citizenship by rezidence in the month of September 2017 and the new law came in existance from 5th of October 2018. I want to know if thesame 4 years is applied to me or 2 years.
Thank you
Martins
Yes, the new 4 years deadline applies to Italian citizenship processes by residence and by marriage.
This ia an embarrasment to the Italia state which is one of the civilise and oldest world leader that is dnnying citizenship to people is not fair.It is better to say no citizenship than to wait for 4 years.Is the only country in Europe that has this long condition.
I agree. The only lighter note is that the Decreto Sicurezza was amended at last in order to exempt citizenship applicants by lineage from the extended deadline of 4 years. So the usual deadline of 2 years continues to apply to those applications, so-called jure sanguinis. The 4 years deadline applies to citizenship processes by marriage and by residence.
Dear lara
If some applied in march 2018, than new rule of 4 years apply or 2 years?
Thanks
hello sara i submitted my application 24 novembre 2018 italian consolate london i didn’t recive yet k10.but i am not hurry because now it’s change 4 years so..when i submitted my application online that time language wasn’t must can they ask me for B1 test
Yep, the language proficiency requirement does not apply to you, if you can prove that you submitted your application in the online system before December 3rd, 2018.
Actually, this is not entirely true according to the articles I’ve read including the one written by international Giambrone Law Firm on this site below. The Birthright–Jus sanguinis avenue does require the longer 4-5 timeframe if your relative was BORN AFTER 1948.
“**No change providing the relatives you rely on were born after 1948. If you rely on relatives born before 1948 the process will take four to five years.” Birthright – Jus sanguinis
No change providing the relatives you rely on were born after 1948. if you rely on relatives born before 1948 the process will take four to five years.
I have been working on my dual Italian citizenship for almost 2 years, have spent over $1000 and have my appointment with the Italian consulate in Chicago in 2 weeks. My grandfather was born in 1898 so I would have to wait another 4-5 years! I am seriously considering pulling the plug on this whole process as I would be nearing 70 years old if/when approved. Very, very disappointing that the new far right conservative government would take this action.
http://www.mondaq.com/article.asp?article_id=772358&signup=true
* It is easier to obtain citizenship through decent as the time frame of two years has not changed, provided the relative relied on was BEFORE 1948. If born after 1948 you are on the 4-5 delayed timeframe.
The article you mentioned actually says “No change providing the relatives you rely on were born after 1948. if you rely on relatives born before 1948 the process will take four to five years”.
The process differs for applicants born from Italian women before 1948 because the Consulates refuse to handle the process and the application must be submitted to the Court (Tribunal of Rome). The handling time with our team is about 24-30 months.
I submitted my application since 27/07/2007, I have the k10 ,till now no other anwer, please what should I do?
Contact immediately the Prefettura and check your application. They may have looked for you and closed the process.
Exactly , my daddy has lived in italy for 15 good years and he now to apply for the passport , meaning he has to write the exam but he cant write it so what should he do . For this years he has been working and he is fixed in the work. It very sad what he should do now. And dont even know the lawyer can help with this . The only european country with the long term citizenship. Poor Italy.
Hello Mrs/Ms Lara
I submitted my application 21/09/2017 online,I have my K10 and I always control it online.. and this is the the message I have had ever since….
Sono in corso verifiche istruttorie sugli elementi acquisiti relativi a chiarimenti e integrazioni con altri uffici coinvolti nel procedimento.
– Consulta anche la sezione “comunicazioni”, dove potrebbero esserci ulteriori informazioni….. how can I go about it since the two years dead line has been completed thanks….
I suggest sending an urging notice and keeping a close eye on the developments of your process. More information on this page for citizenship applications by marriage.
I am just starting the process of Italian Citizenship through blood/great grandfather. I was told since my grandfather was born (1902) before my great grandfather became a U.S citizen (1905) I’m eligible. Then I was told there is a 1912 rule. Because my grandfather was born before 1912 I’m not eligible?? Can you give me more information on the 1912 rule?? Thank you.
Yes. The question is that Italian law before 1912 provided that the minor children of Italian parents who naturalized as foreign citizens would automatically lose the Italian citizenship together with their parent. However, the children would retain their Italian citizenship status if they derived it from the other parent. That is a bit of a complicated situation to check against the naturalization records of both the parents and the child.
Hello I am recognised refugee in Italy.My residenza will be completed duration of 5 years in March 2020.what are requirements for me to apply for italian nationality please.
The list of documents for applying for Italian citizenship by residence is available at the Prefettura – Ufficio Cittadinanza of your province of residence in Italy. They may have the list available on their official website.