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ITALIAN CITIZENSHIP

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

Obtaining Italian citizenship is not a simple matter even if you are born here, as there are many obstacles to overcome. This is what you should know about the complex process of naturalisation.

Getting Italian citizenship for your children can be a complicated process.
Getting Italian citizenship for your children can be a complicated process. Photo by ANDREAS SOLARO / AFP

It is natural that people who are settled in Italy would want their children to have Italian citizenship.

Unlike many other countries, however, merely being born in Italy doesn’t mean the person is Italian.

If their parents were born abroad and still hold foreign passports, children will not obtain Italian citizenship at birth. 

This may sound unfair to someone coming from, say, the United States, but Italy doesn’t (in the vast majority of cases) recognise so-called “birthright citizenship” (jus soli) which would automatically grant an Italian passport to anyone born here.

Even kids who have lived here their entire lives and consider themselves to be Italian will have the same nationality as their parents and will continue to be considered foreigners by the Italian state – until and unless they become naturalised.

Some Italian politicians and political parties, particularly from the Democratic Party, are pushing for a relaxation of the rules, however at present they remain in place. 

Who is entitled to an Italian passport at birth?

Children born to Italian-citizen parents, or at least one parent who is Italian, will be automatically considered citizens of Italy by a process known as “acquisition by descent”, or jus sanguinis.

READ ALSO: How British nationals can claim Italian citizenship by descent

This applies as much to children born abroad as it does to those born in Italy.

A foreign child adopted by Italian parent(s) is subject to the same rules.

What happens if both parents are foreign nationals?

There are several scenarios to consider if you would like your child (or future child) to be Italian.

If you don’t have children yet but have a permit that allows you to permanently reside in Italy, you could apply for naturalisation after living in the country for a set number of years.

For most foreigners, ten years is the minimum length of time they will need to have lived in Italy before they become eligible to apply for citizenship through naturalisation. That period is reduced to four years for EU nationals, and five years for refugees.

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

If you become naturalised before the child is born (even if you still retain the citizenship of your former country), then he or she will be automatically Italian at birth.

If the child was born before the parent naturalised, they still automatically become an Italian citizen at the same time as the parent does – provided they are under the age of 18 and living with the naturalised parent.

“It is irrelevant that the birth occurred before or after the submission of the application for citizenship,” Giuditta De Ricco, head citizenship lawyer at the immigration firm Mazzeschi, told The Local.

Those children whose parents become Italian citizens after they turn 18, however, will need to file their own citizenship application.

For children born in Italy to foreign parents, the requirements are strict: they must reside in Italy ‘without interruption’ until the age of 18 and submit a statement of their intent to apply for citizenship within one year of their eighteenth birthday.

However, children who were born in Italy, moved away, and moved back as adults can apply for citizenship after just three continuous years of legal residency in the country – so being born on Italian soil does have some advantages when it comes to acquiring citizenship.

The Italian Air Force aerobatic unit performs on April 25, 2020, Italy's 75th Liberation Day, over the Altare della Patria monument in Rome.

The Italian Air Force aerobatic unit performs on April 25, 2020, Italy’s 75th Liberation Day, over the Altare della Patria monument in Rome. Photo by Tiziana FABI / AFP

What happens if the parents are of different nationalities?

If the child’s parents are of different nationalities that are treated differently by the Italian state (if, for example, one parent is French and the other American), the child will be subject to the least stringent applicable naturalisation requirements. 

This means that if a child has one French and one American parent, they will be subject to French (EU) rules and eligibility periods when applying for naturalisation as an Italian citizen.

READ ALSO: Reader question: Can I have residency in Italy and another country?

A French parent can apply for Italian citizenship on their own behalf after four years of residency in Italy, and “minor children will be automatically Italian, once the parent takes the oath,” confirms De Ricco.

Usually all that’s required is that the parent produces the children’s birth certificates, although in some cases children will also be asked to attend the oath-taking ceremony with their parent.

Bear in mind that it’s important to consider whether the child’s country/ies of origin allow for dual or triple citizenship, and if not, whether you would be willing to renounce your child’s citizenship of another country in order for them to obtain Italian citizenship.

What if I moved to Italy when my children were already born?

If two non-citizens move to Italy when their children were already born, naturalisation is the means through which they may be able to gain citizenship. 

In recent years some Italian parliamentarians have proposed a ius culturae basis for citizenship – that is, acquiring citizenship via cultural assimilation, on the understanding that children quickly adapt to the culture of their country of residence.

A bill put forward by Democratic Party MP Laura Boldrini would allow children under the age of ten who have lived in Italy for at least five years and completed one school year to apply for citizenship, as well as those who arrived in Italy under the age of ten and have lived continuously in Italy up to the age of 18 (and submit their statement of intent before they turn 19). 

This bill has yet to pass in Italy, however, so there are currently no such fast-tracks in place for foreign minors born outside of the country.

What about citizenship for the third generation?

Italy is particularly lenient when it comes to awarding citizenship to foreign citizens with Italian ancestry.

Anyone who can prove they had an Italian ancestor who was alive in 1861, when Italy became a nation, or since then, can become an Italian citizen via jus sanguinis (provided the ancestor in question did not renounce their citizenship).

And this leniency also extends to those who prefer to become citizens through naturalisation – if you had an Italian parent or grandparent, you just need three years of legal residency in the country to acquire citizenship in this way.

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For members

DRIVING

Reader question: Do I need an international permit to drive in Italy?

If you're visiting Italy from the US and plan to drive during your trip, will an international driving permit be necessary? Here's a look at the rules.

Reader question: Do I need an international permit to drive in Italy?

Question: “We’re planning a trip to Italy in May and we plan to rent a car. We’ve read conflicting information about whether or not we (as US nationals) will need an international driver’s permit. What should we do?”

There’s no shortage of information out there about driving in Italy as a visitor, but the rules aren’t always made crystal clear.

For example, the official website for the US Embassy and Consulates in Italy says travelers “should obtain an International Driving Permit before leaving the US.” 

But then it also says: “Tourists may also use their valid American driver’s license if accompanied by an official translation in Italian.”

So what do you actually need?

Italy’s official rules state that US nationals (and other visitors to Italy from outside of the European Union, not including from the UK) essentially have two choices. 

READ ALSO: Who needs to exchange their driving licence for an Italian one?

“Unless your national driving licence was issued by an EU/EFTA-member state, it must be accompanied either by an international driving permit, to be obtained prior to departure, or by a certified translation (traduzione giurata) into Italian,” according to information provided in English by motoring association ACI (Automobile Club d’Italia).

In practice, most people find that getting the international driving permit (IDP) is by far the easier option.

As anyone who has applied for Italian residency or citizenship can likely tell you, obtaining a certified translation into Italian of any foreign-issued document is no walk in the park and can also be expensive.

READ ALSO: How to pay Italian traffic fines from abroad

ACI says you’ll need to get it from an embassy or consulate, or through a certified translator or interpreter who “will need to declare before a court registrar that the translation is a true copy of the original”.

By comparison, the process of getting hold of an IDP is straightforward. For US nationals, applying (in person or by mail) via AAA costs $20 plus tax, and the only requirements are that you are aged over 18 and already have a valid driver’s license.

AAA says an IDP will be valid for one year and you can apply up to six months before your trip.

Do I really need to get an IDP?

You may have heard that travelers don’t need to bother getting either document for a trip to Italy – some people will tell you they’ve driven on Italian roads plenty of times without being asked to show an IDP.

Anecdotally, it sounds as though most visitors to Italy are unlikely to ever be asked to produce it, although some regular visitors have told The Local that they find checks have become more frequent in recent years.

And, unfortunately, not having the required document when needed could prove problematic and expensive.

READ ALSO: How to avoid car hire scams in Italy

Rental companies may ask you to show both your US license and your IDP when you pick up your vehicle, though it depends on the company.

More importantly, if you get pulled over by the police in Italy (you don’t need to be doing anything wrong; random roadside checks are common) or get into a car accident, and you don’t have the permit when asked for it, you could be fined anything between 408 and 1,634 euros.

As with so many things in Italy, experiences vary enormously depending on where you go: police in each Italian region or city tend to have different priorities and often interpret and apply certain rules differently.

Considering the large fine you could end up with, we’d advise following the rules and getting your IDP if your licence was issued in the US or another country where the Italian rules specify that this is a requirement.

Even if you never need to show it to anyone, it’ll give you peace of mind and help make your trip to Italy a more relaxing experience.

Please note that The Local cannot advise on individual cases. For more details about how Italy’s road rules may apply in your circumstances, consult the Italian embassy in your country or read more about the rules on driving in Italy on the ACI website (in English).

Do you have a question about living in or travelling to Italy which you’d like to see answered on The Local? Submit it here.

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