A foreign citizen, descended from an Italian citizen by birth, who intends to initiate the process in Italy for the recognition of citizenship jure sanguinis, has the possibility of applying for a residence permit for awaiting citizenship.
It is not possible to obtain an entry visa for awaiting citizenship from abroad; therefore, it is first necessary to enter Italy in accordance with immigration law, establish residence in the Municipality where the application for the recognition of Italian citizenship is to be submitted, file the application, and then request the permit for awaiting citizenship.
The residence permit for awaiting citizenship allows the holder to legally remain in Italy until the procedure for obtaining Italian citizenship is concluded.
The Procedure for Obtaining a Residence Permit for Awaiting Citizenship
The procedure for obtaining a residence permit for awaiting citizenship has been described and explained in various ministerial circulars, which serve as a guide for Italian municipalities, namely:
- Circular of the Ministry of the Interior k.28.1/1991;
- Circular of the Ministry of the Interior n. 28/2002;
- Circular of the Ministry of the Interior n. 32/2007;
- Circular of the Ministry of the Interior n. 52/2007.
Required Documents
The Circulars distinguish between:
- Citizens belonging to the Schengen area (Belgium, Czech Republic, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Slovenia, Slovakia, Finland, and Sweden).
They are required to provide either:
A copy of the declaration of presence submitted to the Police Commissioner within eight days of entering Italy,
or
A copy of the declaration made to hotel operators and other accommodation providers, pursuant to Article 109 of Royal Decree of June 18, 1931, No. 773.
- Citizens not belonging to the Schengen area.
They are required to provide either:
A declaration of presence submitted to the Border Authority at the time of entry,
or
The "SCHENGEN" uniform stamp affixed to the travel document by the Border Authority.
Additionally, both categories must produce the necessary documentation to request the recognition of citizenship jure sanguinis (as per Circular of the Ministry of the Interior k.28.1 of 8.04.1991).
- In sequence, they must:
- Find an apartment;
- Sign a rental contract, with a minimum duration depending on the conditions set by the various Municipalities, in application of Circular k28;
- Request residence;
- Submit the citizenship application to the Municipality where they have established residence.
Laws and Circulars
Italian law (D.P.R. 394/99 and subsequent amendments) provides that those awaiting the acquisition of Italian citizenship can obtain a permit that authorizes them to stay in Italy until the completion of the relevant procedure.
It is up to the Municipality where the citizenship applicant intends to move to carry out a preliminary document check based on which to accept the registry registration aimed at obtaining Italian citizenship.
Law 68 of May 28, 2007, led to the abolition of the tourist residence permit, making it necessary for the descendants of Italian citizens by birth to register in the registry.
Article 1 of Law 68 provides that for stays of less than three months, a residence permit is not required, but a declaration of presence is necessary.
According to Circular No. 28/2002, when the foreigner arrives in the Municipality where they intend to reside during the application process, it must be verified that they actually possess the requirements to be considered a descendant of an Italian citizen by birth.
Circular No. 32/2007 regulates the residence permit for awaiting citizenship where there is an intention to initiate the procedure for the recognition of citizenship jure sanguinis administratively in Italy.
The Circular established the validity of the declaration of presence on Italian territory to register in the registry of the resident population in order to apply for citizenship jure sanguinis.
However, those who have applied for the recognition of Italian citizenship at the consular authorities in their country of origin cannot request the permit for awaiting citizenship.
It is important to verify beforehand that the bloodline has never been interrupted.
The Ministerial Circular K. 28.1 of April 8, 1991, specifies that if a Consulate, to which an Italian Municipality has turned to ascertain whether one or more persons have renounced Italian citizenship, communicates that those persons are not known to the diplomatic representation, such a response may be "completely satisfactory."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.