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What Italy’s new laws mean for your citizenship application

As a new decree approved last week makes it harder to obtain Italian citizenship, we look at what the changes in the law mean for those who are applying.

What Italy's new laws mean for your citizenship application
Piazza del Campidoglio on the Capitoline Hill, City Hall of Rome. Photo: Depositphotos

The Italian parliament gave the green light to a new package of immigration laws on November 28, with far-reaching consequences for anyone hoping to settle in Italy.

The controversial bill was proposed by far-right Interior Minister Matteo Salvini, and mainly targeted the most vulnerable: refugees and asylum seekers.

Salvini says the measures are supposed to curb illegal immigration.

But they also negatively affect legal migrants. Civil rights and humanitarian organisations have been critical of the bill, as those living legally in the country could see their rights diminished and will now find it harder to become Italian citizens.

Photo: DepositPhotos

The decree is in fact a package of 54 new laws covering everything from police and fire service funding to laws aimed at preventing squatting.

But the harsh immigration laws included within the decree have been the most controversial part, and led to it being dubbed the 'anti-migrant' bill by Italian media.

One aspect of the bill not widely discussed was how it affects those applying for citizenship through ancestry or marriage. And as this affects many of The Local Italy's readers, we're taking a closer look at how rules on obtaining Italian citizenship have been tightened under the decree.

You can read the full official text here or a breakdown of the main points here (both links in Italian)

Italian citizenship rules

Italian citizenship can be acquired by people with Italian ancestors, through marriage to an Italian citizen, or by people who reside permanently in Italy. Eligibility criteria vary depending on the route.

The spouse of an Italian can apply for citizenship two years after the marriage if the couple lives in Italy, or three years if they live abroad, and the terms are reduced by half if they have children.

Photo: DepositPhotos

The residency requirement is four years for citizens from EU countries and 10 years for non-EU citizens.

These facts have not changed under the security decree.

The new law however means Italian authorities can now take up to four years, instead of the previous two, to process citizenship applications. For what reason, no one seems to know.

The new bill also abolishes automatic consent in cases of 'non-response' from authorities – in the case that bureaucrats forget all about your application until after the four-year mark has passed (and if that sounds unlikely, you probably haven't expeirenced much Italian bureaucracy.)

READ ALSO: How to beat (or just survive) bureaucracy in Italy: the essential pieces of paperwork

People applying for citizenship by marriage or residency will also now have to prove they speak Italian, a condition previously not required.

The longer wait will be a particularly big problem for British residents in Italy and British spouses of Italians hoping to obtain citizenship to protect their rights after the UK leaves the European Union.

Applications which would have been processed by the end of the planned Brexit transition period in 2020 now look set to drag on indefinitely.

And a request for citizenship from the spouse of an Italian citizen can now, for the first time, be rejected.

The rules will be applied retrospectively to applications that have already been made, as well as new applications.

More Brexit uncertainty

I spoke to readers who are in the process of applying for Italian citizenship about how the new Italian laws affect them.

“It makes you very worried,” says Brian F, from Hereford, UK. “On one hand we’ve got the British government refusing to guarantee anyone’s rights. Then we’ve got the government in our adopted country, Italy, making it harder for us to become citizens. And for what?”

“It feels like no one is interested in how all these policies actually affect people’s lives,” he said.

Brian, who owns a successful IT business and his wife Clare, a translator who has Italian citizenship by descent, are now delaying their long-planned move to Italy with their two children due to the uncertainty.

“How can we sell our house and move now? Whatever we do, it seems like a risk,” he says.

Italian bureaucracy can be a headache. Photo: DepositPhotos

Sandra, a retired teacher living for most of the year at her house in Abruzzo, says “coming here to retire was my dream come true. I’ve been here for six years now and I put in my application for citizenship last year, because of Brexit,” she says.

However, she doesn’t speak much Italian. “I’ve got the basics but you know, at my age I’ll probably never get up to the level they want. I’ve always muddled along well with the neighbours.”

“And then with Brexit, who knows if I can even stay here after all because the rules are different for non-EU countries,” she adds. “It’s all very worrying, I don’t sleep very well lately.”

Livia Scott is an Italian citizen living in London who has been waiting for her British husband’s citizenship to be approved since they applied in January 2017.

“Now we’ll have to wait for another three years and by then Brexit will have happened,” she says, adding that for her the worst thing about the new decree is that it’s retrospective. “They’ve moved the goalposts. I think it’s evil honestly.”

She adds: “Theresa May used the phrase “citizens of nowhere” and I think that’s how a lot of people are starting to feel.”

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ITALIAN CITIZENSHIP

How ancestry detectives help Americans and Brits find their Italian roots

Whether it's for a citizenship application or just to satisfy curiosity, tracking down long-lost Italian ancestors can be a difficult task. Reporter Silvia Marchetti finds out exactly what one Sicilian family tree researcher's work involves.

How ancestry detectives help Americans and Brits find their Italian roots

Fabio Cardile from Palermo has a very peculiar job. For 25 years he’s been working as a family tree researcher for American and European clients interested in discovering their Italian origins.

They have an Italian background and an Italian-sounding last name, but have no idea who their ancestors were and, in most cases, don’t even know from where they migrated. 

“I started doing these investigations first by dedicating myself to researching the origin of my own last name, Cardile, where exactly my family came from,” 44-year-old Cardile tells The Local.

“Then this passion turned into a job, and now I have clients from abroad contacting me and hiring me to dig into their family history and unearth information on their ancestral backgrounds.”

He was the one who discovered the origin of the last name of American actor John Travolta, and he also carried out research on the origins of Jill Biden’s Sicilian heritage. 

In all cases, these are stories of Italian immigrants who left their homes decades, if not centuries ago, to find a brighter future in the US or in Europe, including the UK, France and Germany. 

“In the hardest cases all clients are able to give me is their last name and I need to trace back in time the origin of it and the location in Italy where still nowadays there are similar-sounding names.”

READ ALSO: An expert guide to getting Italian citizenship via ancestry

What makes his job particularly tough is that most immigrants, when they landed in their country of destination, changed their surname by adapting it linguistically to the community they had moved to.

“It was very common for immigrants in the past to make their names sound American or English in order to adapt, be accepted by the local community and find a job more easily. They did not want to stand out from the crowd as Italians and be discriminated against in any way,” says Cardile.

Fabio Cardile has worked as a family tree researcher for 25 years. Photo: Fabio Cardile

Cardile’s job is very complex. He starts his investigations by digging into state records, as well local parish and graveyard archives, for ancient documents to support the ancestry claims of his foreign clients, who are pushed by a nostalgic need to reconnect with their forsaken roots.

He starts off with some online tools: four basic websites (gens.info; familysearch.org; ancestry.it; antenati.cultura.gov.it) where he can start looking for the geographic origin of last names by just typing them into a search bar – but as three of these sites are only in Italian, his foreign clients need his help.

On some of these websites, particularly the one run by the Culture Ministry, he finds state archives concerning birth certificates, death certificates, wedding certificates, or divorce certificates with specific dates and names, which allow him to start drawing up a family tree. 

READ ALSO: Five surprising things to know about applying for Italian citizenship via ancestry

“Obviously, the more information people give me on where their ancestors might have hailed from, the easier it is for me to find the location and narrow down the search,” he says. 

Cardile works across Italy, not just focusing on Sicily where most Italian emigrants left in the 1800-1900s. 

State archives go back until the 1860s, when the Italian kingdom was formed, and in some cases, all the way back to the Renaissance, he says. Initial research starts at around €300 then Cardile’s fee rises if he needs to travel around Italy for further investigation.

When he has unearthed specific information on the probable origins of a family, he makes a trip to the local parishes, churches and graveyards which in a pre-unified Italy were the only places where birth and other family-related certificates could be found. This is where he may discover the original names of ancestors, who they were, when they got married, if they had children and who these could be, so he can more precisely define the family tree. 

READ ALSO:  What a law from 1912 means for your claim for Italian citizenship via ancestry

“When you get to digging into centuries-old religious documents, the hard part about dealing with churches and parishes is you need to interface with the priest or the chief of the local parish community, jump through hoops and tons of bureaucracy to get their permission to lay your hands on, and analyse, old documents”. 

“Then, most of these documents are written in Latin, so you either need the priest as translator, or to know Latin yourself”. 

After so many years of ancestry investigations Cardile has learned to read it and continues to hone his Latin language skills.

Find out more about putting together an application for Italian citizenship via ancestry in The Local’s Italian citizenship section.

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