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ITALIAN CITIZENSHIP

Reader question: Will my children get an Italian passport if born in Italy?

Obtaining Italian citizenship is not a simple matter even if you are born here, as there are many obstacles to overcome. This is what you should know about the complex process of naturalisation.

Getting Italian citizenship for your children can be a complicated process.
Getting Italian citizenship for your children can be a complicated process. Photo by ANDREAS SOLARO / AFP

It is natural that people who are settled in Italy would want their children to have Italian citizenship.

Unlike many other countries, however, merely being born in Italy doesn’t mean the person is Italian.

If their parents were born abroad and still hold foreign passports, children will not obtain Italian citizenship at birth. 

This may sound unfair to someone coming from, say, the United States, but Italy doesn’t (in the vast majority of cases) recognise so-called “birthright citizenship” (jus soli) which would automatically grant an Italian passport to anyone born here.

Even kids who have lived here their entire lives and consider themselves to be Italian will have the same nationality as their parents and will continue to be considered foreigners by the Italian state – until and unless they become naturalised.

Some Italian politicians and political parties, particularly from the Democratic Party, are pushing for a relaxation of the rules, however at present they remain in place. 

Who is entitled to an Italian passport at birth?

Children born to Italian-citizen parents, or at least one parent who is Italian, will be automatically considered citizens of Italy by a process known as “acquisition by descent”, or jus sanguinis.

READ ALSO: How British nationals can claim Italian citizenship by descent

This applies as much to children born abroad as it does to those born in Italy.

A foreign child adopted by Italian parent(s) is subject to the same rules.

What happens if both parents are foreign nationals?

There are several scenarios to consider if you would like your child (or future child) to be Italian.

If you don’t have children yet but have a permit that allows you to permanently reside in Italy, you could apply for naturalisation after living in the country for a set number of years.

For most foreigners, ten years is the minimum length of time they will need to have lived in Italy before they become eligible to apply for citizenship through naturalisation. That period is reduced to four years for EU nationals, and five years for refugees.

READ ALSO: What’s the difference between Italian residency and citizenship?

If you become naturalised before the child is born (even if you still retain the citizenship of your former country), then he or she will be automatically Italian at birth.

If the child was born before the parent naturalised, they still automatically become an Italian citizen at the same time as the parent does – provided they are under the age of 18 and living with the naturalised parent.

“It is irrelevant that the birth occurred before or after the submission of the application for citizenship,” Giuditta De Ricco, head citizenship lawyer at the immigration firm Mazzeschi, told The Local.

Those children whose parents become Italian citizens after they turn 18, however, will need to file their own citizenship application.

For children born in Italy to foreign parents, the requirements are strict: they must reside in Italy ‘without interruption’ until the age of 18 and submit a statement of their intent to apply for citizenship within one year of their eighteenth birthday.

However, children who were born in Italy, moved away, and moved back as adults can apply for citizenship after just three continuous years of legal residency in the country – so being born on Italian soil does have some advantages when it comes to acquiring citizenship.

The Italian Air Force aerobatic unit performs on April 25, 2020, Italy's 75th Liberation Day, over the Altare della Patria monument in Rome.

The Italian Air Force aerobatic unit performs on April 25, 2020, Italy’s 75th Liberation Day, over the Altare della Patria monument in Rome. Photo by Tiziana FABI / AFP

What happens if the parents are of different nationalities?

If the child’s parents are of different nationalities that are treated differently by the Italian state (if, for example, one parent is French and the other American), the child will be subject to the least stringent applicable naturalisation requirements. 

This means that if a child has one French and one American parent, they will be subject to French (EU) rules and eligibility periods when applying for naturalisation as an Italian citizen.

READ ALSO: Reader question: Can I have residency in Italy and another country?

A French parent can apply for Italian citizenship on their own behalf after four years of residency in Italy, and “minor children will be automatically Italian, once the parent takes the oath,” confirms De Ricco.

Usually all that’s required is that the parent produces the children’s birth certificates, although in some cases children will also be asked to attend the oath-taking ceremony with their parent.

Bear in mind that it’s important to consider whether the child’s country/ies of origin allow for dual or triple citizenship, and if not, whether you would be willing to renounce your child’s citizenship of another country in order for them to obtain Italian citizenship.

What if I moved to Italy when my children were already born?

If two non-citizens move to Italy when their children were already born, naturalisation is the means through which they may be able to gain citizenship. 

In recent years some Italian parliamentarians have proposed a ius culturae basis for citizenship – that is, acquiring citizenship via cultural assimilation, on the understanding that children quickly adapt to the culture of their country of residence.

A bill put forward by Democratic Party MP Laura Boldrini would allow children under the age of ten who have lived in Italy for at least five years and completed one school year to apply for citizenship, as well as those who arrived in Italy under the age of ten and have lived continuously in Italy up to the age of 18 (and submit their statement of intent before they turn 19). 

This bill has yet to pass in Italy, however, so there are currently no such fast-tracks in place for foreign minors born outside of the country.

What about citizenship for the third generation?

Italy is particularly lenient when it comes to awarding citizenship to foreign citizens with Italian ancestry.

Anyone who can prove they had an Italian ancestor who was alive in 1861, when Italy became a nation, or since then, can become an Italian citizen via jus sanguinis (provided the ancestor in question did not renounce their citizenship).

And this leniency also extends to those who prefer to become citizens through naturalisation – if you had an Italian parent or grandparent, you just need three years of legal residency in the country to acquire citizenship in this way.

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READER QUESTIONS

Reader question: Do you need to cancel your residency when leaving Italy?

How do you cancel your residency permit when leaving Italy - and do you even need to do so at all? The Local looks into the rules.

Reader question: Do you need to cancel your residency when leaving Italy?

Question: My partner and I are leaving Italy after several years of living here. Do we need to cancel our residency? If so, can you advise us on how to go about doing this?

Most people know that you need to register as a resident in Italy if spending more then 90 days in the country. But what should you do if you decide to leave?

Do foreign nationals need to deregister as a resident, and under which circumstances? And how do you go about doing cancelling your residency?

We asked the experts to talk us through when you should deregister as an Italian resident and the the steps involved in cancelling your Italian residency.

Should you bother cancelling your residency?

As is so often the case when it comes to complex bureaucratic questions, the answer is: it depends. Both on your personal circumstances and on the type of residency permit you hold.

If you’re relocating away from Italy permanently then deregistering as a resident and informing the authorities of your new address is a legal requirement – and you’d want to do so anyway, says Nicolò Bolla of the tax consultancy firm Accounting Bolla.

READ ALSO: What’s the difference between Italian residency and citizenship?

On the other hand, if you’re moving away on a temporary basis, you’re not required to cancel your Italian residency.

“If, for instance, you undertake a two-year assignment somewhere, you can still remain a resident and benefit from all the coverage a resident has, such as healthcare,” Bolla explains.

You might want to hold on to your Italian residency in the short term if you're not sure whether the move will be permanent.
You might want to hold on to your Italian residency in the short term if you’re not sure whether the move will be permanent. Photo by MIGUEL MEDINA / AFP.

There’s no official time limit for this – you could leave Italy for a number of years while maintaining your residency and then return to live in the country as if there had been no break.

That means that if you’re leaving Italy and aren’t sure whether you want to return, you might want to keep your residency status, at least in the short term (it’s possible to be legally resident in both Italy and another country).

Financial planning and property consultant Daniel Shillito warns: “you want to be sure if you’re leaving the country that it was a permanent decision, and that you weren’t aiming to come back to live – because if you do want to, it could be tricky and quite administrative.”

For British citizens in particular, he points out, “having an Italian residency these days is a valuable thing, it’s not easy to get again.”

This all applies to those with permanent or long-term residency.

If you have a temporary residence permit, you will no longer be considered resident in Italy as soon as it expires – so you may decide it’s not worth bothering to cancel your residency if it’s due to expire anyway shortly after you leave.

Why does it matter?

There are multiple factors to consider here, the biggest of which is taxes.

If you’re resident in Italy, you’re expected to pay taxes here. However, if you’re moving to a country with which Italy has a double taxation agreement or dual tax treaty, you’re protected from being taxed twice on the same income. Many states, including the UK, America, Australia and Canada, have dual taxation treaties with Italy. 

READ ALSO: Can second-home owners get an Italian residence permit?

If you’re moving to a country which doesn’t have a double tax agreement with Italy, on the other hand, you’ll be legally required pay the full amount of Italian tax on your income even if you spend very little time in Italy, so will almost certainly want to cancel your residency.

Even if you’re moving to a country that does have a dual tax treaty with Italy, you may still want to deregister as an Italian resident in order to avoid having to deal with the paperwork involved in proving you’re a dual resident whose tax obligations are limited.

There’s also a third category of emigrant: for those moving to a country on the EU’s tax haven blacklist, such as Panama, simply deregistering as an Italian resident won’t keep the tax authorities at bay. The burden of proof is on the individual to demonstrate they actually reside in the blacklist country and aren’t just trying to evade Italian taxes.

In these situations, Bolla advises clients to register as resident in an intermediate third country after leaving Italy and before moving to the blacklisted country in order to avoid the extra bureaucracy.

READ ALSO: What taxes do you need to pay if you own a second home in Italy?

Do you need to cancel your residency when leaving Italy?

There are multiple factors to consider when deciding whether to cancel your Italian residency. Photo by FABIO MUZZI / AFP.

Other considerations

Besides where you pay your income tax, you’ll want to consider other factors such as official correspondence, tax breaks, and timeframes for residency-based citizenship applications, Bolla says.

If you maintain Italian residency, the authorities will expect to be able to reach you at your registered address, including for things like traffic fines or notifications of tax audits. If you no longer have any link to that address and no one to forward your correspondence on to you, you could end up in a sticky legal situation.

It’s also worth taking into account the fact that new Italian residents can access certain tax breaks that aren’t available to people who’ve lived here for a while. If you cancel your residency and then return to Italy at a later date, you’ll be eligible for those incentives in a way that you wouldn’t be if you’d kept your residency.

On the other hand, Bolla notes, maintaining Italian residency could work in favour of those interested in pursuing citizenship through residency.

An individual must be continuously resident in Italy for 10 years before they can apply for Italian citizenship based on their long-term residence status.

In theory, maintaining your Italian residency while you’re temporarily abroad could mean that period still counts towards towards those ten years and you won’t have to restart the clock on your return – though it’s important to consult a professional if you’re considering this option.

How can you go about cancelling your residency?

There’s no standardised national protocol for cancelling your residency. Instead, you’ll need to contact the comune, or town hall, you’re registered with to inform them of the change and ask them what you need to do.

The process could be as simple as sending a few emails, without even having to set foot in the building. There may also be a form to fill out. Because things vary from one municipality to another, you’ll need to contact your local comune to find out exactly what’s required.

Generally the process can only be completed after, not before, leaving the country, because you’ll need to provide your new address and possibly supporting documentation proving that you’re now resident elsewhere.

“You say me and my family – and then you list all the members – are no longer residing in your town, please deregister us, and our new address is (e.g.) 123, Fifth Avenue, New York,” says Bolla.

If you have a Spid (Sistema Pubblico di Identità Digitale or ‘Public Digital Identity System’) electronic ID, Bolla notes, in many towns and cities (such as Milan), the process can be completed online through the comune‘s website.

You should expect to receive confirmation that you and your dependents have been deregistered as Italian residents, so it’s worth following up until you receive this.

READ ALSO: How to use your Italian ID card to access official services online

Shillito advises using a PEC (Posta Elettronica Certificata, or Electronic Certified Mail) email account if you have one when communicating with your comune about deregistering. 

Messages sent between PEC accounts are certified with a date and time stamp to show when you sent them and when they were received, with a record of receipt automatically emailed to you as an attachment. Within in Italy they have the same legal value as a physical lettera raccomandata (registered letter).

“That secure email communication is official, you’ve got a receipt showing it’s been received,” says Shillito.

“That way you’ve got evidence and a record that you’ve communicated it to them, in case anything went wrong in the future and the Italian government decided to claim you were still living in Italy.”

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