Citizenship Through Marriage

Jus Matrimonii

“Jus matrimonii” refers to acquiring Italian citizenship through marriage to an Italian citizen. This pathway is distinct from “jus sanguinis,” which is citizenship by descent. The process and requirements for acquiring Italian citizenship through marriage (“jus matrimonii”) have specific legal and bureaucratic steps, which have been updated over time. Here’s a detailed overview of the process as of my last update:

Basic Requirements for “Jus Matrimonii” (Citizenship through Marriage):

  1. Marriage to an Italian Citizen:
    The primary requirement is that you are legally married to an Italian citizen. Civil unions may also qualify under certain conditions.
  2. Residence Duration:
    The length of time you must be married before applying depends on your place of residence:

    • If residing in Italy, non-EU citizens need to be married for at least 2 years before applying. This duration is halved to 1 year if the couple has children (natural or adopted).
    • If residing outside Italy, the requirement is 3 years of marriage, reduced to 1.5 years if the couple has children.
  3. Legal Residence in Italy (if applicable):
    If you’re applying from within Italy, you need to have been legally resident there for the required duration mentioned above.
  4. Language Requirement:
    Applicants must demonstrate an adequate knowledge of the Italian language, which is at least a B1 level in the Common European Framework of Reference for Languages (CEFR). This usually requires passing a language test at an accredited institution.
  5. Clean Criminal Record: Both in Italy and in any other country where the applicant has resided, a clean criminal record is necessary. Specific details about what constitutes disqualifying offenses can vary, so it’s important to check the most current guidelines.
  6. Application Process: The application is submitted through the Italian consulate in your country of residence or, if residing in Italy, through the local prefecture.
  7. Documentation: The required documents typically include your and your Italian spouse’s birth certificates, marriage certificate, proof of residence, criminal background check, proof of Italian language proficiency, and any other documents requested by the consulate or prefecture.

Time Frame: The processing time for citizenship through marriage applications can be lengthy, often taking several years. Patience and thoroughness in preparing your application are essential.

Changes in Law or Policy: Italian citizenship laws and policies can change, so it’s important to consult up-to-date sources or legal professionals for the most current information.

Conclusion:
Obtaining Italian citizenship through marriage involves a detailed application process, including proving the length of the marriage, language proficiency, and a clean criminal record, among other requirements. Given the complexity and potential for changes in the legal framework, consulting with legal experts or the Italian consulate directly is advisable to ensure you meet all current requirements and procedures.