Italy

Introduction

Italian citizenship is passed down at birth from parent to child by way of jure sanguinis (Latin for “by right of blood”). Therefore, a child born anywhere in the world to an Italian parent is also an Italian citizen at birth.

This law has an important historic background. As Italy lost hundreds of thousands of emigrants during the turn of the 20th century, the government wanted a way for these people and their children to maintain ties to the homeland. Thus, Law no. 555 of 1912 was born — the most important law regulating Italian Citizenship by Descent.

Italian Citizenship by Descent grants the ability of people from the Italian diaspora to seek full recognition of their rights as Italian citizens regardless of where they were born, as long as they can meet certain basic criteria to document their claim. Successful applicants of Italian citizenship jure sanguinis enjoy the same rights and privileges as those physically born in Italy to Italian parents.

Italy Overview

Famous for its world class cuisine, architecture, quality of life, design, and breathtaking UNESCO heritage sites, Italy is one of the world’s most popular destinations both for travellers and those seeking a more permanent move.

Comprised of 20 administrative regions (five of which having special constitutionally given autonomy), Italy is most generally divided into four parts: the north, the center, the south, and the islands. The country offers something for everyone — large and impressive metropolises, quaint small-town life, mid-sized cities, bucolic pastoral and mountain locales, and even stunning seaside locations.

Today, holders of Italian passports enjoy the security and stability of freedom of movement throughout the European Union as well as visa-free travel to over 170 countries. Additionally, holders of Italian passports enjoy affordable healthcare, education, access to certain investment vehicles open only to European citizens, and the ability to pass on Italian citizenship to their spouse(s) and descendants in perpetuity.

Requirements

Perhaps alone in the world, Italy allows Citizenship by Descent for people of Italian descent no matter how many generations removed from their last Italian-born ancestor. Furthermore, applicants do not need to speak Italian, nor must they be a certain percentage Italian to qualify.

To be eligible, an applicant must have one qualifying Italian-born ancestor. Potential applicants must show a continual link of uninterrupted Italian citizenship passed down through the generations. Generally, the rules require the following:

  • The applicant’s Italian ancestor must have been alive after March 17, 1861.
  • If the applicant’s Italian ancestor ever gained foreign (i.e., non-Italian) citizenship, it must have occurred both after July 1, 1912, and after the birth of his/her child.
  • If the applicant’s ancestor never gained foreign citizenship, the applicant most likely automatically qualifies.
  • If there are women in the applicant’s direct ancestral line, these women’s children must have been born after January 1, 1948, in order to pass on Italian citizenship.
  • If the applicant’s ancestor gained foreign citizenship after August 15, 1992, the applicant automatically qualifies.

Italian citizenship law is extremely generous towards those who have Italian descent and there are numerous loopholes available to applicants on a case-by-case basis.

For example, those who descend from Italian women with children born pre-1948 or those whose ancestors gained foreign citizenship prior to July 1, 1912, may still qualify upon further examination of their case.

Donation, Investment and Due Diligence

To become an Italian Citizen by Descent, no donation, investment, or due diligence is required. According to Italian law, those eligible for Citizenship by Descent have been citizens since birth and are merely seeking to legalize the status they have always held. Therefore, the process of becoming an Italian Citizen by Descent is one of recognition and not bestowal of citizenship.

If one qualifies, Italian dual citizenship is a birthright that cannot be taken away by way of means testing or other disqualifiers.

Process Overview

The process requires applicants to gather various vital records (birth, marriage, death, and naturalization) to recreate a family tree and establish a claim. Then, this citizenship dossier is duly legalized, translated, and handed in to a local Italian municipality or an Italian consulate outside Italy.

Italian law recognizes the right of applicants to have their citizenship processed within 730 days or less. Therefore, in some cases, long consular wait times may allow an applicant to skip the consulate and seek immediate recognition of citizenship in court. This allows for drastically reduced processing times.

Dual Citizenship

Italy allows dual citizenship.

Taxation

Italy does not tax based on citizenship. An Italian citizen will only pay taxes in Italy if he/she is living there for more than 183 days of the year.

The distinction between Italian citizenship and Italian residency determines tax liability. Unless an Italian citizen spends 183 days a year in Italy or owns assets in Italy, he/she is not obliged to declare anything to Italian fiscal authorities. Additionally, dual American citizens residing in Italy are subject to a US-Italy tax treaty which prevents double taxation up to a certain tax bracket threshold.

Citizenship by Descent Program

Visa free travel to over 170 countries

Full citizenship to main applicant with ability to add on spouses, children, siblings, and other family members

No personal income, capital gains, inheritance tax, or tax on foreign income

No need to establish residency unless specifically seeking to apply for recognition within an Italian municipality

Access to world class education, affordable healthcare, and ability to live, work, and study anywhere in the European Union without restriction

European citizenship is considered the “gold standard” in the citizenship industry

Applicants Have a Choice of Three Paths to Citizenship

  • Consular processing: for those living outside Italy who wish to seek recognition at their local Italian embassy or consulate.
  • Court processing: for those with a “1984 case” (see requirements section above) or a loophole qualifying in need of special consideration such as the need to get around long consular wait times.
  • Direct in Italy: for those who wish to establish residence in Italy and apply directly at any Italian municipality.