Italian citizens who have lost their citizenship status can reclaim Italian citizenship thanks to some special procedures.
In this official guide, I will explain how to reclaim Italian citizenship and how to overcome the difficulties if you are already in Italy as a tourist.
Regulations for reclaiming Italian citizenship
As always, we derive our statements from what is written, objective and incontrovertible, that is, Italian legislation.
The reacquisition of Italian citizenship is governed by Law 5 February 1992, n. 91 which regulates the principles of Italian citizenship in general (in this other article I will explain how to get Italian citizenship for the first time).
In particular, Articles 13 and 17 define the cases of reacquisition of Italian citizenship. The few cases in which it is not possible reacquiring Italian citizenship are the following:
- those who have lost it following the revocation of adoption through their own fault;
- those who have not ceased service in a State at war with Italy.
Reclaim Italian citizenship art. 13 Law 91/1992
There are four cases of reacquisition of Italian citizenship provided for by art. 13:
- taking up public employment with the Italian State (letter b);
- declaration of intent and residence within one year of the declaration (letter c);
- legal residence in Italy for one continuous year (letter d);
- legal residence in Italy for two years and proof of abandonment of the service for the foreign State (letter e).
The most common cases to reclaim Italian citizenship are those provided for by letters b and c.
Reclaiming Italian citizenship requires residency?
Before explaining the procedure for reclaiming Italian citizenship, it is essential to clarify this aspect that puts many in crisis: is it necessary to register with the registry office for a foreigner who entered Italy as a tourist (with or without a visa) who wants to reclaim Italian citizenship?
The answer is NO. Let’s see why and how the Ministry of the Interior has been very clear about how to claim Italian citizenship through re-acquisition.
- Law 68/2007 eliminates the need for a residence permit for short-term stays. Without a residence permit, it is usually not possible to obtain registration with the registry office.
The problem arises when the Civil Status Officer refuses to accept the request to reclaim citizenship due to lack of residency, rightly arguing that, as specified by the Ministry of the Interior Circular no. 3638 of 27/04/2017, the Italian Municipality is only competent for the practices of those who are resident in Italy.
This is why, reclaiming Italian citizenship directly in Italy, requires you must first obtain residency.
The subsequent circulars of the Ministry of the Interior have clarified this important aspect:
- Circular of the Ministry of the Interior no. 32 of 13/06/2007: it is believed that, since a residence permit is not required for short-term stays, the declaration of presence is sufficient for the registration of foreigners who request recognition of citizenship “jure sanguinis”;
- Circular of the Ministry of the Interior no. 52 of 28/09/2007: specifies that, for citizens coming from non-Schengen areas, the entry stamp on the passport is sufficient (the declaration of presence is not necessary, which is considered fulfilled with the stamp affixed by the border authority);
- Circular of the Ministry of the Interior no. 14 of 31/10/2008: clarifies that the aforementioned circulars are also valid in the case you want to reclaim Italian citizenship pursuant to art. 13 of Law 91/1992.
Ultimately, although some Municipalities allow you to start the application for recognition or reclaiming of Italian citizenship before obtaining residency, the correct procedure would be to first request registration at the Registry Office, declaring that you are a person interested in one of the two procedures.
It goes without saying that great collaboration is necessary between the Registry Office and the Civil Status Office, as the former would issue a “provisional” residency that would be confirmed only once the conditions for recognition or reclaim of Italian citizenship have been ascertained by the latter office.
Unfortunately, especially in large municipalities, this collaboration does not occur and it is very complex to start the procedure for reclaiming Italian citizenship directly in Italy for a foreign tourist without residency.
Procedure to reclaim Italian citizenship
The procedure to reclaim Italian citizenship varies slightly depending on whether it is started abroad or directly in Italy.
The essential requirements to regain Italian citizenship are:
-
- declaration of intent;
- residence in Italy.
If you are abroad, you must sign the act of intent to reclaim Italian citizenship at the Italian Consulate and, subsequently, register your residence in an Italian municipality within one year of the declaration.
If you are in Italy, as anticipated in the previous paragraph, you must register your residence at an Italian municipality and sign the act of intent to reclaim Italian citizenship before the Civil Status officer.
If you register your residence in Italy, after one year and without expressing your will to renounce your citizenship to the Civil Status officer, you will automatically regain Italian citizenship.
Once the Municipality has carried out the necessary checks, you will be granted Italian citizenship.
Documents to reclaim Italian citizenship
The documents required to reclaiming Italian citizenship are those needed to demonstrate that, in the past, you were an Italian citizen (or you renounced Italian citizenship):
- valid passport;
- extract of the birth certificate with a note of the loss of Italian citizenship*;
- copy of the last Italian passport (if available);
- certificate of naturalization (if available).
*it is essential that there is a note of the loss of citizenship, otherwise the municipality would not have demonstrated that you were Italian in the past. To request the note of the loss of citizenship on your birth certificate, you must contact the Italian Consulate in the country of which you have citizenship.
