Please note that the possession of double citizenship (Italian and Ethiopian), is considered a crime by the Ethiopian legislation and it is punishable with prison.
GENERAL PRINCIPLES
Currently, Italian citizenship is regulated by Italian Law No. 91 of 5 February 1992 (and related implementing regulations: in particular Italian Presidential Decree No. 572 of 12 October 1993 and Italian Presidential Decree No. 362 of 18 April 1994) which, unlike the previous law, re-evaluates the weight of individual will in the acquisition and loss of citizenship and recognises the right to simultaneously hold multiple citizenships.
The principles on which Italian citizenship is based are:
- the transmissibility of citizenship by descent (principle of ius sanguinis );
- the acquisition of ius soli (by birth in the territory) in some cases;
- the possibility of dual citizenship;
- the expression of will to purchase and lose.
ACQUISITION OF ITALIAN CITIZENSHIP
Italian citizenship can be acquired according to the procedures set out below.
Citizenship by filiation ( ius sanguinis )
Article 1 of Law No. 91/92 establishes that the child of a citizen father or mother is a citizen by birth. The principle of ius sanguinis , already present in the previous legislation, is therefore confirmed as the cornerstone for the acquisition of citizenship, while ius soli remains an exceptional and residual hypothesis. (For information on the registration of a minor child born in Ethiopia, see the section Request for transcription of civil status documents).
By explicitly declaring that the mother also transmits citizenship, the article fully accepts the principle of equality between men and women with regard to the transmission of the status civitatis . However, it should be kept in mind that the mother who is a citizen transmits citizenship to her children only starting from 01/01/1948, as a result of a specific ruling by the Constitutional Court.
Citizenship by descent
In the event that the birth certificate is not sent to the Municipality for transcription by the age of 18, the adult (aged 18 or over), if resident in the consular district, must submit a formal request for citizenship by descent. The conditions required for such recognition are based, on the one hand, on the demonstration of descent from the person originally invested with the status of citizen (the ancestor, emigrant) and, on the other, on the proof of the absence of interruptions in the transmission of citizenship (failure of the ancestor to be naturalized as a foreigner before the birth of the child, absence of declarations of renunciation of Italian citizenship by further descendants before the birth of the next generation, demonstrating that the chain of transmission of citizenship has not been interrupted).
With regard to the procedures for the recognition of possession of Italian citizenship by right of blood , these have been formalised in circular no. K.28.1 of 8 April 1991 of the Italian Ministry of the Interior, the legal validity of which has not been affected by the subsequent entry into force of Italian law no. 91/1992.
The competent authority to carry out the assessment is determined on the basis of the place of residence.
The application must be submitted to the Consular Office in whose jurisdiction the foreigner of Italian origin resides. Residency is verified on the basis of possession of a valid Permanent Residence Permit in the Federal Republic of Ethiopia
The recognition procedure is developed in the following steps:
- ensure that the lineage begins with an Italian ancestor (there are no generation limits);
- verify that the Italian citizen ancestor maintained citizenship until the birth of the descendant. The lack of naturalization or the date of any naturalization of the ancestor must be proven by means of a certificate issued by the competent foreign Authority;
- prove the descent from the Italian ancestor through the civil status certificates of birth and marriage; certificates that must be in order with the legalization, if requested, and accompanied by an official translation
- certify that neither the applicant nor the ascendants have ever renounced Italian citizenship by interrupting the chain of transmission of citizenship, by means of specific certificates issued by the competent Italian diplomatic and consular authorities.
The applicant has the obligation to submit the application (forms available on this page) accompanied by the required documentation, regular and complete, aimed at demonstrating the aspects listed above.
This request must be submitted by the interested party to the Consular Office, by appointment to be arranged by writing an email to consolato.addisabeba@esteri.it , only when in possession of all the underlying documentation in original.
For the ASCENDENT born in Italy:
- full birth certificate to be requested from the Italian municipality of birth (if the ancestor was born before the establishment of the Civil Status at the municipality of birth, the Baptismal Certificate must be presented);
- complete marriage and death certificate;
- declaration issued by the competent authorities of the foreign country of residence certifying that the Italian ancestor who emigrated from Italy at the time did not acquire the citizenship of the foreign country of emigration prior to the birth of the interested party’s ancestor. In the case of naturalization, the date of naturalization must be indicated in the declaration.
For each of the DESCENDANTS up to the applicant:
- full birth certificate;
- complete marriage certificate and death certificate (if deceased);
- certificate of non-naturalization.
All documents must be submitted in original, duly legalized and translated , and will not be returned.
The search for documentation is the sole responsibility of the applicant.
The procedure for the verification of possession of Italian citizenship will be concluded within 730 days, as established by the Italian Decree of the President of the Council of Ministers n. 33 of 17/01/2014, in Italian Official Journal (“Gazzetta Ufficiale”) n. 64 of 18/03/2014.
As of July 8, 2014, all applications for recognition of Italian citizenship by adults are subject to the payment of a consular fee for processing the application of 300 Euro.
Citizenship by marriage to an Italian citizen
The acquisition of Italian citizenship by a foreign or stateless spouse who has married an Italian citizen since 27 April 1983 is currently regulated by Italian Law 5 February 1992 n. 91 (articles 5, 6, 7 and 8) and subsequent amendments.
Applications for Italian citizenship can also be submitted by foreign citizens who have formed a civil union with an Italian citizen registered in the civil status registers of the Italian municipality (Italian Legislative Decrees 5, 6 and 7/2017).
A foreign spouse/civil union partner may acquire Italian citizenship upon application, in the presence of the requirements established by current legislation, as explained below.
PLEASE NOTE: until 27 April 1983 – the date of entry into force of the previous Italian citizenship law n.123/83 – a foreign woman who married an Italian citizen automatically acquired Italian citizenship (see specific section).
The requirements are:
- Residence in the consular district: the applicant must address the application to the diplomatic-consular representation competent for his/her residence. The spouse/partner of the civil union of Italian nationality must be resident and regularly registered in the registry of Italians residing abroad (AIRE) of the competent consular district and cohabiting at the same address as the applicant for citizenship. Otherwise, the spouses must provide documentation proving the reason (e.g. work, children’s schooling, medical care or other), which determines or has determined the need for separate domicile;
- Deadlines for submission: the application can be submitted 3 years after the marriage/civil union if the spouse is an Italian citizen ius sanguinis ; in the event that the Italian spouse has in turn naturalized after the marriage, the 3 years start from the date of the naturalization of the latter. The aforementioned deadline is reduced to 18 months in the presence of children born or adopted by the spouses (minors or adults);
- Transcription of marriage/civil union: if it took place abroad, it must have been previously transcribed at the Municipality in Italy.
- Validity of marriage/civil union and stability of the marital/civil union bond until the adoption of the decree granting citizenship. In order to grant Italian citizenship, the dissolution, annulment or cessation of the civil effects of the marriage/civil union (personal separation/divorce) must not have occurred on the date of issue of the decree. Following Sentence no. 195/2022 of the Italian Constitutional Court, the death of the Italian spouse after the submission of the application is no longer likely to determine the forfeiture of the benefit;
- Absence of convictions by Italian judicial authorities for crimes for which a penalty of more than three years of imprisonment is foreseen. Absence of convictions by foreign judicial authorities for a penalty of more than one year for non-political crimes. Absence of convictions for crimes against the personality of the State. Absence of reasons impeding the security of the Republic;
- Knowledge of the Italian language no lower than level B1 of the Common European Framework of Reference (CEFR);
- Payment of the contribution of €250 in favor of the Ministry of the Interior.
Effective August 1, 2015, individuals residing abroad must submit the application for the acquisition of Italian citizenship electronically according to the new procedure established by the competent Ministry of the Interior.
The applicant must register on the dedicated portal, called ALI, at the following URL: https://www.interno.gov.it/it/temi/cittadinanza-e-altri-diritti-civili/cittadinanza/cittadinanza-invia-tua-domanda and, once logged in, will have access to the online procedure for submitting the citizenship application.
Once registered, the applicant can proceed to fill out the application online by inserting all the required documents in the appropriate portal https://portaleserviziapp.dlci.interno.it/ . Any technical or content questions relating to the online application must be resolved by contacting the Ministry of the Interior directly, which has set up an assistance service with dedicated FAQs and Help desk.
In order to facilitate the identification of the diplomatic-consular representation territorially competent to receive the request, at the internet address indicated above there is a link that allows the user – after having selected the State of residence – to choose, through a drop-down menu, the competent representation by accessing a list that includes the entire diplomatic-consular network of the selected country.
The user must fill in all the fields provided in the form and insert the following documentation:
- Birth certificate extract or equivalent;
- Criminal record certificate from the country of origin and all third countries of residence (starting from the age of 14) and/or of which the applicant holds citizenship, issued no more than 6 months before the date of submission of the application. The applicant is exempted from presenting the criminal record certificate from the country of origin only if he/she left it before the age of 14 and has not retained its citizenship;
- Receipt of payment of the contribution of €250.00 in favor of the Ministry of the Interior and payment of the €16 stamp duty to be made via PagoPA directly in the services portal, as follows:
- Contribution of €250 to the Ministry of the Interior, to be paid exclusively via PagoPa when completing the application or via bank transfer to the current account indicated by the Ministry of the Interior (receipt to be included in the online application) with any costs to be paid by the person arranging the transfer.
Ministry of the Interior DLCI Citizenship
Name of the Bank: Poste Italiane SpA
IBAN Code: IT54D0760103200000000809020
Reason for payment: “ Request for citizenship by marriage pursuant to art. 5 L. 91/1992 and name and surname of the applicant ”
Poste Italiane BIC/SWIFT Code: BPPIITRRXXX (for foreign bank transfers)
BIC/SWIFT Code: PIBPITRA (for EUROGIRO circuit operations).
- Contribution of €250 to the Ministry of the Interior, to be paid exclusively via PagoPa when completing the application or via bank transfer to the current account indicated by the Ministry of the Interior (receipt to be included in the online application) with any costs to be paid by the person arranging the transfer.
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- €16 stamp duty to be paid exclusively via PagoPa to the Revenue Agency when filling out the application or via adhesive sticker purchased in Italy or via bank transfer to the current account of the Bank of Italy, IBAN code: IT07Y0100003245348008120501, with any costs to be paid by the person arranging the transfer;
- Valid identity document: copy of passport or foreign identity card (page with personal data, photograph, dates of issue and expiry);
- Copy of the full marriage certificate or summary extract from the marriage register, issued by the competent Italian municipality in whose civil status registers the certificate is transcribed;
- Certificate of knowledge of the Italian language no lower than level B1 of the Common European Framework of Reference (CEFR).
The certification bodies authorised to issue official language certifications are exclusively:
- the University for Foreigners of Siena with the certification called CILS;
- the University for Foreigners of Perugia with the certification called CELI;
- the University for Foreigners “Dante Alighieri” of Reggio Calabria with the certification called Ce.Co.L.;
- Roma Tre University with the certification called CertIt;
- the Dante Alighieri Society with the certification called PLIDA.
The exams to obtain the above certifications can also be taken at other institutions (for example, abroad at the Italian Cultural Institutes or in Italy at the CPIA – Provincial Centers for Adult Education), provided that they have an agreement with one of the aforementioned Institutions. Even in these cases, therefore, the certification issued must always be one of those indicated above.
However, the following are not required to present a qualification demonstrating knowledge of the Italian language:
- Foreigners (even if resident abroad) who have signed the Integration Agreement referred to in art. 4 bis of Italian Legislative Decree no. 286/1998 Consolidated Immigration Act.
- Holders of a long-term EU (or EC) residence permit as per Article 9 of the same Consolidated Law (even if resident abroad), only if issued by the Italian Authorities. Residence permits for family reasons or those issued by other States are not eligible.
- Those who have obtained a qualification issued by a public or private educational institution recognised by the Ministry of Education, University and Research and/or by the Ministry of Foreign Affairs and International Cooperation.
Citizenship applications by marriage before 04/27/1983 (ex art 10, c. 2 Italian L. 555/1912)
Foreign women who married an Italian citizen before 04/27/1983 are entitled to the attribution of Italian citizenship by automatic law. For the purposes of recognition of Italian citizenship, as well as for the subsequent issuance of the relevant identity documents, it is necessary that the birth certificate of the interested party be transcribed in Italy upon payment of the relevant consular fee of 300 euros.
Documents to be submitted to this Consulate for the purpose of attribution:
- Your original birth certificate, duly legalised and translated;
- Extract of the marriage certificate (or full copy) issued by the Municipality where the certificate is transcribed;
- In the event that the marriage that took place abroad is not registered in Italy, the interested party, in addition to her birth certificate, must also present the original marriage certificate duly legalised and translated;
- Certificate of residence or equivalent in the consular district;
- Copy of the interested party’s passport or identity document;
- Copy of the Italian spouse’s passport/ID card (where available).
It is also recalled that, under Italian Law 555/1912, until 26/04/1983, before the entry into force of Italian Law 123/1983 on 27/04/1983, the dissolution of the marital bond, following the death of the Italian spouse or divorce, entailed: the loss of Italian citizenship for the wife who had reacquired (or had never lost) her citizenship of origin and had brought back or simply maintained her residence abroad.
For cases of marriage prior to 04/27/1983, please contact the Consular Office at the email address consolato.addisabeba@esteri.it .
Other cases of citizenship attribution
a) Citizenship by recognition or by judicial declaration of filiation
A minor who is recognized as the child of an Italian citizen or who is declared the child of an Italian citizen by a judge is an Italian citizen (art. 2, paragraph 1 of Italian law no. 91/92).
If the recognition or judicial declaration concerns an adult , the latter acquires Italian citizenship only if, within one year of the provision, he expresses his will to do so, through an “election of citizenship” (art. 2, paragraph 2 of Italian law no. 91/92).
In this case, pursuant to art. 3 of Italian Presidential Decree 12.10.1993, n. 572 (Implementation Regulation of Italian Law n. 91/92) the declaration of election of citizenship referred to in art. 2, paragraph 2 of the law must be accompanied by the following documents:
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- birth certificate (for the purposes of precisely identifying the interested party);
- deed of recognition or certified copy of the sentence with which paternity or maternity is declared;
- parent’s citizenship certificate.
The latter acts constitute the prerequisite for requesting the benefit in question.
Finally, it should be noted that the judicial declaration of recognition may have been made abroad: in this case, the calculation of the one-year period for making the declaration of citizenship election must be made from the date on which the foreign provision is made effective in Italy.
Citizenship can only be elected if the parent from whom one wishes to acquire the status civitatis has been recognized as an Italian citizen.
In the event that the recognition or judicial declaration concerns an adult, the latter will not acquire Italian citizenship ius sanguinis , starting from birth, but only from the moment in which the latter manifests a will in this sense through the legal act of “election of citizenship”.
Applicants should contact the Consular Office consolato.addisabeba@esteri.it for information on the appointment and the documentation to be submitted.
b) Citizenship by adoption
A foreign minor adopted by an Italian citizen acquires Italian citizenship by means of a provision of the Italian Judicial Authority or, in the case of adoption pronounced abroad, by means of a provision of the foreign Authority made effective in Italy with an order (issued by the Juvenile Court) of transcription in the civil status registers.
If the adopted child is of age , he or she can acquire Italian citizenship by naturalization after 5 years of legal residence in Italy after the adoption.
c) Citizenship by naturalization of parents
According to art. 14 of Italian law 91/92 ” The minor children of those who acquire or reacquire Italian citizenship, if they live with them, acquire Italian citizenship, but, once they become adults, they can renounce it, if they possess another citizenship”.
The purchase therefore occurs automatically under the sole condition of cohabitation and provided that the person is a minor according to Italian law.
In order for a parent who has become Italian to be able to pass on our status civitatis to their child, three conditions must be met:
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- the relationship of filiation;
- the minority of the child;
- cohabitation with the parent.
Article 12 of Italian Presidential Decree no. 572/93 specified that cohabitation must be stable and effective and certified with suitable documentation, and must also exist at the time of the acquisition or reacquisition of citizenship by the parent.
LOSS OF ITALIAN CITIZENSHIP
Italian Law no. 555/1912 on citizenship provided that the voluntary acquisition of a foreign citizenship entailed the loss of Italian citizenship of the interested party and his minor children.
Italian Law no. 91/1992 introduced in art. 11 a regime of pluripolidia, that is, the possibility of having multiple citizenships.
Therefore, from 08/16/1992 (entry into force of the new Italian law n. 91/1992), the acquisition of a foreign citizenship does not determine the loss of Italian citizenship unless the Italian citizen formally renounces it.
REACQUISITION OF ITALIAN CITIZENSHIP
Italian Law 91/1992 provides in some cases the possibility of reacquiring citizenship where it has previously been lost.
In particular, a citizen residing abroad who has lost citizenship can reacquire it:
- pursuant to art. 13, paragraph 1, letter c) of Italian law 91/1992, following a specific declaration to the competent consular office if the applicant establishes his/her residence in Italy within one year of the declaration itself.
- pursuant to art. 13, paragraph 1, letter d) of Italian law 91/1992 after one year from the date on which he established residence in Italy, unless expressly renounced within the same term.
Starting from 05/10/2018, requests or declarations concerning the reacquisition of Italian citizenship are subject to the payment of a fee of 250 euros to the Italian Ministry of the Interior.
For more information on the loss and reacquisition of Italian citizenship, please visit the website of the Italian Ministry of Foreign Affairs and International Cooperation or write an email to consolato.addisabeba@esteri.it.