New upcoming requirements for Italian citizenship applications

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Italian Citizenship by Descent: Seize Your Last Chance Before New Law Takes Effect

Aug 01, 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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FAQ

Will the proposed changes to Italian citizenship laws affect my application for Italian dual citizenship if I have already applied for my citizenship?: Yes! Until you do not have your Italian birth certificate transcribed by an Italian notary’s office any changes could in fact affect your application. The office could, in theory, ask you to prove Italian proficiency and required documents that prove that you have resided in Italy for 1 year before the application.
What is the process for applying for Italian dual citizenship?: The application process for Italian dual citizenship involves gathering the necessary documents, including birth certificates, marriage certificates, and any other relevant ancestral records. Once you have all the required paperwork, you can submit your application to the Italian consulate or at an Italian town hall among others. Here you have our guide on the differences among the different methods: http://passport-euro.com/italian-dual-citizenship-application-in-months.
How does Italian citizenship by descent work?: Italian citizenship by descent allows individuals with Italian ancestry to claim their citizenship. This means that if you have Italian parents, grandparents, or even great-grandparents, you may be eligible to obtain Italian citizenship.
Can I apply for Italian citizenship by descent if I don't speak Italian as things stand now?: For now, yes! While Italian language proficiency is a requirement for some individuals applying for Italian citizenship by naturalization, this is fortunately not the case for Italian descendants yet.
How long does it take to obtain Italian dual citizenship?: The timeline for obtaining Italian dual citizenship can vary depending on various factors, such as the complexity of your case and the workload of the Italian consulate or town hall where you submit your application. It's recommended to be prepared for potential delays and check the current estimated processing times. But as a rule of thumb, once you have your documents ready, the application can take from 1,5 to 6-7 years in your local consulate or from 3 to 10 months if you apply directly in Italy. If you are interested in Italian citizenship assistance services, contact us.
Can I work in Italy while waiting for my Italian citizenship by descent application to be processed?: As things stand, yes. Yet we routinely observe that the conversion of a "residence permit for awaiting citizenship" to a work permit can be a bureaucratic procedure with potential delays of several months. By which your Italian passport should be ready. Contact us if you have further questions on this process.
Will the proposed changes to Italian citizenship laws affect my application for Italian dual citizenship if I have already gotten my Italian Birth Certificate?: No. Once you have an Italian Birth certificate issued you are safe. You would be able to apply for your Italian Passport normally and you have all the rights as any other Italian or European citizen.
How can I stay informed about the evolving legislation surrounding Italian citizenship?: To stay informed about the evolving legislation surrounding Italian citizenship, you can JOIN OUR NEWSLETTER community, where we provide regular updates on changes, requirements, and potential challenges. Additionally, it's important to consult other reputable sources like your local consulate or the Italian interior ministry, which is the institution responsible for this (https://www.interno.gov.it/it).
Are there any advantages to applying for Italian citizenship at an Italian town hall?: Applying for Italian citizenship at an Italian town hall can offer advantages, such as a potentially quicker processing time compared to applying through an Italian consulate (3-10 Months). However, due to the proposed changes to Italian citizenship laws, it's advisable to expedite your application process to avoid potential complications. If you need assistance for this, contact us.
What should I do if I need guidance on navigating the proposed amendments and surging applications for Italian dual citizenship?: If you require guidance on navigating the proposed amendments and surging applications for Italian dual citizenship, we offer free consultations where our experts can provide personalized assistance and address any concerns or questions you may have. Book a consultation with us today to streamline your Italian citizenship journey.