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
Subscribe here if you want to receive updates about the question of the new norms applying to the citizenship process and how to overcome bureaucracy.
What do you think about this information?
What is your experience? Leave your comment below and I will return to you.
Hi Lara, In your article above you stated that “Please note that the language proficiency requirement applies to all citizenship applications by marriage submitted after December 4th, 2018.” However, when reading some of your responses to some of the questions from your readers, you do state that the language proficiency is indeed a requirement through marriage if you submitted your application before that date. If that is the case and I submitted my application in December 2017 and I am currently in the second stage of the process. How I am supposed to send the language certificate if I have already submitted all my paperwork online? Finally, could you please send me the Sollecito letter. Thank you!!!!
The language requirement does not apply if you submitted the application before December 4th, 2018. So it does not apply to your application submitted in December 2017. You can read the language of the law in the translation at this page: What does the Decreto Sicurezza say exactly? I hope that clarifies the issue.
Hi Lara —
I’d love to know your thoughts on the possible “new interpretation” of the 1865 Civil Code, that would block any application with a US born child being born before 1912–even if their father naturalized after July 1, 1912. As I understand it, we’re waiting on to hear from Rome on whether they’re going to make that change. This would obviously affect many, many people applying through Jure Sanguinis. What do you think will happen?
There seems to be no official rejection of citizenship applications based on such interpretation. So it is difficult to draw any conclusion about a possible turn in the behavior of the government or of some Consulates or single officials. In case an applicant is faced with rejection – based on any reason – it is very important to obtain a written statement about that. If the official refuses to give a written statement, I recommend to require a written proof that the applicant met the office on that day, e.g. requesting a stamp and signature on the print of the appointment. Such evidence is necessary to follow-up with the office by (registered) mail and obtain a written statement and, eventually a correct decision.
Lara, please l received my K10 On 15th November 2018. Should I wait for 2years or 4 years before my citizenship
Does the language requirement apply to citizenship applications via jure sanguinis?
No. The requirement applies only to applicants for Citizenship by marriage.
eu citizen can exception language requirement & 4 years for citizenship
No exception for EU citizens. The only exceptions are listed at Article 9.1 of the Italian Citizenship Act: that is applicants of any nationality who hold an EU residence permit for long-term residents and non-Eu workers who have signed the integration agreement.
Hi lara my name is John I lived in italy for many years,I applied for italian citizenship November 2017 before the law of salvini..my question is i mine have to wait for 2 years or 4 years thanks.
Yes. The 4 years deadline applies to citizenship applications by residence and by marriage to all applications in course as of October 5th.
I apply my Citizenship on February 2018 but presented my document to Prefettura on November 2018 will l be affectect with the new law, that is 4years.
The four years deadline starts from the date you submitted the application online. The date in which you presented your documents in paper format has no bearing with the four-year deadline.