I am married to an Italian

How the law works

The law guaranteed the transmission of Italian citizenship by marriage for women married to men of Italian descent until April 27, 1983.

It is worth noting that before April 27, 1983, any foreign woman who married an Italian citizen automatically became an Italian citizen. In this sense, a woman who married an Italian citizen (or a man who can claim the right to Italian nationality) before this date can apply for recognition of Italian nationality. This can be done through a faster procedure than the traditional application jure matrimony.

This also means that if your father, who was born in Italy, naturalized before your birth, you cannot apply for nationality through him, but you can apply through your mother, provided that their marriage took place before April 27, 1983.

Important cases

The acquisition of Italian citizenship by a foreign spouse who has married an Italian citizen after April 27, 1983 is currently regulated by Law n° 91 of February 5, 1992 (Art. 5, 6, 7 and 8) and amendments later.

Cases in which Italian citizenship is obtained:

If your parents were married before April 27, 1983 and your father died before that date.
If your parents divorced before April 27, 1983, but after your birth, you can still apply for Italian nationality. If, on the other hand, your parents divorced after this date, your mother can apply for citizenship.
If your father became a naturalized American citizen after May 19, 1975, your mother does not lose the Italian citizenship acquired through marriage.
After April 27, 1983, the law also included the recognition of nationality for men married to women of Italian descent, and now same-sex marriage partners are also recognized.

Cases in which Italian citizenship is NOT obtained:

If your parents were married before April 27, 1983, your mother may lose the right of “jure matrimonii”.
If your parents divorced before April 27, 1983, your mother will have lost citizenship at the time of the divorce.
If your father became a naturalized american before May 19, 1975, your mother loses the Italian citizenship acquired through marriage.

How can a foreign spouse acquire Italian nationality?

The foreign spouse can acquire Italian nationality upon application, in the presence of the requirements established by the current regulations, as explained in the following sections.

The basic requirements are:

Three years after marriage, if the spouse is an Italian citizen iure sanguinis; in case of naturalization after marriage, the three years are counted from the date of naturalization of the spouse. In case of minor children born or adopted by the spouses, the three years are reduced to one and a half years; know Italian at least at the B1 level of the Common European Framework of Reference for Languages. This requirement was adopted in December 2018.

Do you qualify for Italian citizenship by marriage? Write to us!

Please remember that all information provided is for informational purposes only and does not constitute legal advice.