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RESIDENCY PERMITS

What’s the difference between Italian residency and citizenship?

As a foreigner in Italy you enter a complicated world of bureaucracy, but one question we are asked a lot is the difference in status between residency and citizenship. Here's an overview.

What's the difference between Italian residency and citizenship?
What rights do Italian citizens have that residents don't? Photo: Miguel Medina/AFP

Broadly the difference is this: citizenship gives you a lot more rights but is consequently harder to secure.

Here’s a look at how the different categories work.

Non-resident visitor

This category covers everything from people having a long weekend in Rome to second home owners.

Depending on where you come from you are allowed to stay in Italy for a certain period (for most non-Europeans this limit is 90 days) without becoming a full-time resident of the country.

READ ALSO: How British second home owners can spend more than 90 days in Italy after Brexit

The upside of this is that there’s no paperwork, but you don’t have any legal status or right to stay in the country.

You also won’t have access to healthcare if you need it while you are here so will need to make sure you are covered via health insurance or – for EU citizens – the European Health Insurance Card.

Residency

This means that you are officially allowed to live in Italy. The requirements for being an official resident of the country vary according to the country that you come from and your circumstances.

Citizens of EU countries and those within the Schengen zone benefit from European freedom of movement, which means they are entitled to move to Italy to live and work. This freedom is not completely unlimited – there are conditions around criminal records and minimum income level – but is fairly generous.

EU nationals who plan to stay in Italy permanently must register with their local town hall within three months of moving here. It’s not an immigration procedure but an administrative one: even Italian citizens have to do it if they’ve been living abroad, though it’s easier for them since registering as a foreigner requires jumping through extra hoops.

You will need to show that you are in a position to support yourself without state welfare – whether it’s by having a job, relying on a family member or spouse in Italy, or showing you have enough savings to get by. You’ll also have to demonstrate that you have health coverage, either because you qualify for national health care or you have private insurance.

READ ALSO: Who can register for national healthcare in Italy?

People who are not citizens of an EU or Schengen zone country – known as third country nationals – have even more hoops to jump through before they can become residents.

For most non-Europeans, moving to Italy involves first getting a visa in your current country, then applying for a residency permit, known as a permesso di soggiorno, once you arrive. The visa process can be both complicated and expensive, and varies depending on your reason for coming to Italy. Find out about different types of visa here, and read one American’s first-hand account of the process here.

Since January 1st 2021, UK nationals no longer have the rights of EU citizens and will have to apply for a visa to live in Italy. Find out more here.

Brits who were already resident in Italy before the Brexit cut-off on December 31st 2020 should apply for a residency card to show they qualify to keep their rights to live and work here. You can apply at your local police headquarters, without needing to re-register your residency. Find more information here.

DEALING WITH BREXIT:

Once you have your residency in place, you will have access to the Italian healthcare system and other services, and your right to stay or re-enter Italy from overseas is protected.

You will also be expected to pay tax in Italy, including on income earned abroad.  

Third country residents can stay as long as their permesso di soggiorno is valid. You will have to renew your permesso every two years or less, demonstrating each time that you still meet the conditions set out in your visa – for instance, you’re still enrolled or school or university if you’re on a student visa, or you’re still employed if you have a work visa. 

After five years you may be able to apply for a long-term or permanent residency permit without an expiry date, but you’ll need to meet certain conditions like having a minimum income and passing a language test.

If you commit certain types of crime you can be removed from the country, while other crimes will mean getting a new visa or permesso becomes more difficult.

READ ALSO

EU citizens have the right to vote in municipal and European elections (but not parliamentary ones), while non-Europeans have no voting rights.

Certain types of jobs are reserved for Italian citizens only, while others – especially within public administration – are reserved for EU citizens only. Non-citizens cannot run for parliament, but EU citizens can stand as candidates in local elections.

Citizenship

This is the ultimate guarantee of your rights in Italy and once you have become an Italian citizen you are, on paper at least, exactly the same as Italian people who were born and bred here.

You are entitled to stay here for the rest of your life, even if you commit a serious crime, and you can pass your citizenship on to your children. You can also leave the country for as long as you want and return to live without having to ask permission.

You’ll also be guaranteed free access to the Italian healthcare system for you and your dependents, even if you don’t have a job. 

You are entitled to vote and – in good news for those with political ambitions – you can stand for any type of public office including parliament.

But the flip side of this is that citizenship is not easy to obtain.

READ ALSO: How many people get Italian citizenship every year?

Italy’s rules are more generous than many other countries’ when it comes to allowing people to claim citizenship via ancestry: you can apply even if you only have one Italian ancestor several generations back.

But you’ll need to provide official certificates of birth, marriage and death for every relative between you and them to prove the line of descent, and your claim is usually wiped out if anyone in the chain renounced Italian citizenship before passing it on to their children. 

If you don’t have Italian ancestors then the most common ways to obtain citizenship are through marriage to a Italian person or through residency. 

In either case you need to fulfil a number of criteria, including having lived in the country for 10 years if you’re a third country national or being married to your Italian spouse for three years (two if you live in Italy and one if you have Italian children), as well as a minimum level of the Italian language.

READ ALSO: How foreigners can get ‘fast track’ citizenship in Italy

It’s not a quick process – the Italian state gives itself up to two to four years to process applications – and involves a lot of paperwork. If original documents are in English you have to have them officially translated, notarised and legalised, for a fee. There are also fees just to submit your application.

Find out more about applying for citizenship here.

If you satisfy all the requirements and once your paperwork is all processed you will finally have to swear allegiance to the Italian Republic in a special ceremony (and make sure you say it right). 

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For members

ITALIAN CITIZENSHIP

How foreigners can get ‘fast track’ citizenship in Italy

It can take three years or more for Italy to approve applications for citizenship via ancestry, but there is another way. Here’s how you may be able to cut the waiting time.

How foreigners can get ‘fast track’ citizenship in Italy

Italy is far more lenient than many other countries when it comes to allowing people to claim citizenship via ancestry.

In fact, anyone who can prove that they had an Italian ancestor who was alive after March 17th 1861 (when the Kingdom of Italy was born) and that no one in their line of descent renounced Italian citizenship before the birth of their descendant has the right to become an Italian citizen. 

READ ALSO: What’s the difference between Italian residency and citizenship?

But that doesn’t mean getting Italian citizenship by descent is easy, and the application process is known for involving lots of paperwork and being excruciatingly lengthy.

From the moment applicants file their claim with their country’s Italian consulate, it usually takes between two to three years to get a ruling from the Italian authorities, with waiting times often being even longer in countries where the number of applications is high (Brazil, Argentina, USA). 

There is an alternative route: Italy has a ‘fast track’ citizenship application option which can reduce adjudication times to around a year on average.

But this quicker avenue requires moving to Italy, becoming a legal resident, and filing the citizenship request directly with the local town hall. 

This means applicants must be physically and legally resident in Italy for the entire duration of the citizenship application process, and their presence in Italy must be continuous during that time.

This is subject to checks by Italian law enforcement and breaking the rules can void your application.

If moving to Italy (and staying here) would be an option for you, here’s a closer look at the requirements:

Step 1 – Sorting out the documents 

Foreign nationals opting for the quicker citizenship route can only submit their application after they’ve relocated to Italy. But, most, if not all of the documents required by Italian authorities should be prepared well before moving to Italy. 

“Prospective applicants are strongly advised to come to Italy with all of the relevant documentation already arranged in the best possible way,” says Giuditta De Ricco, attorney-at-law at immigration law firm Mazzeschi Srl. 

That’s because “any inconsistencies in the documentation can further complicate and lengthen the process”, she says.

But what documents do foreign nationals need to claim Italian citizenship? Here’s an overview: 

  • Birth and (where applicable) death certificates for all the Italian ancestors in their direct line of descent plus their own birth certificate.
  • Marriage certificates for all the Italian ancestors in their direct line of descent, including that of their parents.
  • A certificate issued by their home country’s relevant authorities proving that the first ancestor in their line of descent did not acquire foreign citizenship before the birth of their descendant.
  • A certificate issued by their country’s Italian consulate proving that no ancestor in their direct line of descent nor they ever renounced Italian citizenship.

Two people signing documents in an office

Prospective applicants should get all of the necessary documents in order prior to leaving for Italy. Photo by Gabrielle HENDERSON via Unsplash

It bears noting that all of the documents issued by foreign authorities will have to be legally validated by the issuing country’s Italian consulate.

Also, all documents available in a language other than Italian will have to be translated and their translation will too have to be legally validated (this is known as ‘asseverazione’).

Once again, De Ricco recommends that all translation and validation procedures be carried out before leaving for Italy.

Step 2 – Relocating to Italy  

Being permanently resident in Italy is a binding requirement of the quicker citizenship avenue. 

“Applicants are allowed to go on short holidays abroad if they wish to” but, outside of those, their presence in Italy “must be continuous”, says De Ricco.  

Taking up residency in Italy is relatively straightforward for EU-passport holders as they don’t need a visa to enter the country nor do they need a permesso di soggiorno (residency permit).

Essentially, all EU nationals are required to do at this stage is to physically relocate to Italy and become legally resident by registering with the Ufficio Anagrafe (Registry Office). 

Things aren’t quite as easy for non-EU nationals as they need a valid entry visa and a residency permit.

READ ALSO:

There are different types of visas and permits available to non-EU nationals, but the easiest route if you’re moving for citizenship purposes is the permesso di soggiorno in attesa di cittadinanza (residency permit pending the acquisition of citizenship), which allows foreign nationals to legally live in the country for the entire length of their claim. 

Prospective applicants can enter the country on a dichiarazione di presenza (declaration of presence) – this is filed with border police for non-Schengen arrivals and at the local Questura (police station) within eight days of entry for others – use the above dichiarazione to register with the Anagrafe and then submit their citizenship application at the town hall. 

Starting the citizenship application process will ultimately give foreign nationals the right to apply for the residency permit, which they’ll have to request by filling out and posting the relevant form along with all the necessary documents to the local Questura.   

Remember: a dichiarazione di presenza allows non-EU nationals to legally remain in Italy for a maximum of 90 days, so you’ll have to send in your permesso di soggiorno application before your 90-day window expires.

READ ALSO: How to register with the anagrafe in Italy

It’s also worth noting that holders of residency permits for citizenship purposes are not allowed to carry out any type of work in the country. However, such permits can be converted into residency permits for work purposes if needed. 

Step 3 – Booking an appointment with the town hall

Once you’ve registered with the Anagrafe and prepared all of the relevant documents, you’ll need to book an appointment at the Ufficio di Stato Civile (Civil Registry) at your local town hall and submit the application to become an Italian citizen. 

Colourful houses in Venice

Foreign nationals must be legally and physically resident in Italy in order to apply for citizenship at their local town hall. ​​Photo by Alex VASEY via Unsplash

You’ll find your registry’s contact details on the town hall’s website. 

Step 4 – Outcome

Barring any inconsistencies regarding the submitted documentation, Italian authorities have 180 days to rule on the issue of Italian citizenship.

However, town halls are required to exchange information with foreign consulates during the application process and the latter’s response times don’t count towards the 180-day window.

That’s part of the reason why “waiting times vary greatly from case to case”, says De Ricco. “Some consulates get back after three weeks, while others might take seven months to do it.”

So, ultimately, the luckier applicants might become Italian citizens within as little as six months, whereas others might have to wait a year or a year and a half. 

READ ALSO: Reader question: Will my children get an Italian passport if born in Italy?

If the request is successful, the applicant will receive Italian citizenship and so will any children of theirs under the age of 18. Children aged over 18 will have to file their own application. 

From the moment they’re awarded Italian citizenship, new citizens have six months to take an oath of allegiance to the Italian Republic. If they don’t, their citizenship will be automatically revoked.

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