Italian Citizenship by Descent: Seize Your Last Chance Before New Law Takes Effect
August 1, 2023
(UPDATED: March, 2024)
Introduction
The proposed changes to the legislation governing Italian citizenship
are set to have a detrimental effect on individuals seeking to obtain Italian citizenship probably by the end of 2024.
As a result, the direct application route at an Italian town hall - which is the quickest way to Italian citizenship - will no longer be accessible for the vast majority of applicants, with over 90% being affected. So unless you have an appointment with the Italian consulate in your jurisdiction to file your request in the next year or so, we recommend applying at an Italian town hall as soon as possible before the proposed bill is passed and comes into effect.
Applicants who fail to do so might find themselves in a limbo, not being able to meet the future requirements in Italy or waiting in the queue for years and even over a decade at an Italian consulate in their own jurisdiction to obtain their Italian dual citizenship.
This article highlights the negative implications
of the proposed modifications, summarized here below:
- The requirement for all applicants to prove B1 level proficiency in the Italian language regardless of their degree of Italian origin
- The requirement to complete one year of residence in Italy before applying to Italian citizenship for descendants beyond the third degree of Italian origin
- The uncertainty on the possibility of applicants engaging in formal work during their one-year residence, putting a strain on their financial resources and subsistence
Context
The bill, proposed by the political group with the majority of seats at the Parliament, addresses the surge in Italian citizenship applications from countries with Italian emigration history. Some applicants seek to reconnect with their roots, while others exploit Italian passports for convenience. This has led to long waiting lists (2-5 years in the US and 10-15 years in Latin America), and the emergence of citizenship-selling schemes and forged documents. The proposed amendments aim to address these challenges through language proficiency and residency requirements. However, these provisions disadvantage potential candidates and impede their pursuit of Italian citizenship.
While the exact timeline for the proposed law to be passed cannot be determined with certainty, based on the government's strong stance on this issue and backing of the Speaker of the Senate, it is estimated that it could take approximately 1-2 years, as early as summer 2024. It is crucial for individuals interested in obtaining Italian dual citizenship to stay informed and prepared for potential changes that may impact their eligibility and application process.
The proposed changes will cause the following challenges for applicants:
1. Restrictive language proficiency requirements
One notable modification is the introduction of the "reconstruction" process, which allows individuals with ascendants born or residing in Italy up to the third degree of citizenship to initiate their application. However, the bill adds a new requirement that applicants must exhibit proficiency in the Italian language at the B1 level. The proposed amendment fails to acknowledge the unique circumstances of Italian descendants living abroad. Many of these individuals may have limited exposure to the Italian language due to generational language loss or lack of access to language education. Requiring them to prove language proficiency at a B1 level disregards the complex nature of their heritage and diminishes their connection to Italy.
2. Lengthy residency mandate
In addition to the language proficiency requirement, descendants of Italian origin beyond the third degree are also affected by another restrictive provision. They must demonstrate not only language proficiency but also complete a one-year residency in Italy before being eligible to apply for Italian citizenship. This requirement further limits the accessibility of citizenship and puts undue burden on individuals who may have deep ancestral ties but lack the means or opportunity to relocate and reside in Italy for an extended period.
3. Uncertain residence permit situation and employment opportunities
At this point, with the proposed law it is uncertain if applicants will be able to work while they wait for their Italian citizenship. Currently, the conversion of a “residence permit for awaiting citizenship” to a work visa can often be a bureaucratic procedure, subject to delays and uncertainties. Applicants may find themselves caught in a waiting period where they possess the right to reside but are unable to work legally due to their appointment date at the Police Station (Questura) being too far away by many months. This situation puts individuals at a disadvantage, as they may struggle to sustain themselves financially and fully embrace their new life in Italy, especially when they cannot even take up employment.
So what’s next?
In light of the likely future changes to the Italian citizenship law, it is highly advisable for individuals eligible for Italian citizenship to expedite their application process and apply at an Italian town hall without delay. The forthcoming amendments will likely introduce stringent language and residency requirements, making the process more complex. Alternatively, applicants may face the daunting prospect of joining a lengthy waiting queue at an Italian consulate, which could take several years before they are even invited to submit their citizenship request.
Acting promptly by applying at an Italian town hall by the end of 2024 offers a crucial advantage, enabling eligible individuals to secure their citizenship status efficiently and avoid potential obstacles that might arise later. Don't miss this opportunity to streamline the process and take a step towards your Italian citizenship journey.
Conclusion
It is important to note that the changes discussed in this article are currently part of a proposed bill and have not yet become law. However, given that this bill was directly proposed by the Italian government, there is a high likelihood of it being passed soon. In fact, there is a possibility that the law could become even more restrictive than the proposed amendments.
If you're looking to obtain your Italian passport within 3-6 months and would like guidance on navigating the proposed amendments, surging applications, and potential challenges, we invite you to book a free consultation with us.
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