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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

Why is it taking so long to book a driving test in Italy?

People trying to sit their driving tests in many parts of Italy are reporting long delays when booking their theory or practical exam. The Local looks at why this is happening.

Why is it taking so long to book a driving test in Italy?

Getting an Italian driving licence (or patente di guida) isn’t exactly a piece of cake, especially for foreign residents, who, besides familiarising themselves with the national Highway Code, must also achieve a high level of Italian language proficiency before taking the test.

But the process has become more of a challenge over the past few months for candidates experiencing long waiting times – up to five months in some cases – when booking their theory or practical tests.

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

As many local licensing offices (Uffici di Motorizzazione Civile, which are roughly equivalent to the UK’s DVLA or the US DMV) fail to explain these delays, candidates are left wondering what the problem is. 

The short answer is that Italy’s licensing department is facing critical understaffing problems, which, by the look of things, aren’t going away anytime soon. 

“The problem is national,” Emilio Patella, national secretary of Italy’s main driving schools’ union UNASCA, tells The Local.

“The size of the [licensing department’s] current workforce is half of what it was ten years ago, or half of what it should be on a regular basis.”

READ ALSO: Do you have to take Italy’s driving test in Italian?

Cars line up to cross the Italian-Swiss border

People taking their practical driving tests in Como face a waiting time of 140 days on average. Photo by Miguel MEDINA / AFP

This means that, presently, there simply aren’t enough employees around to meet the market’s demand – a situation which is the result of “over 20 years where few to no hirings were made”, according to Patella.

Not all local offices are currently registering gigantic delays, with waiting times varying from area to area based on demand and the number of staff available.

Regions in the north-west and north-east of the country – especially Piedmont, Lombardy, Veneto and Emilia-Romagna – are bearing the brunt of the national crisis.

Como has the worst-affected office in the country, Patella says, with the average waiting time for candidates looking to take their practical test standing at 140 days (or well north of four months).

Other cities experiencing long delays include Brescia, Bergamo, Milan, Turin, Vicenza, Verona, Piacenza, Parma, and Reggio Emilia.

Katherine Sahota, a British national living in Brescia, has been trying to book her theory test since September, but says there have been “little to no appointments available” in the area.

While being denied the opportunity to book a test is sufficiently frustrating in and of its own, the issue is particularly pressing for Britons in Italy at the moment.

READ ALSO: ‘So stressful’: How Italy-UK driving licence fiasco threatens couple’s Tuscan dream

The 12-month grace period allowing British nationals to drive across Italy on UK licences is due to expire on December 31st and, with negotiations over a reciprocal agreement between Italy and the UK showing no sign of progress, many British nationals have chosen to get an Italian driving licence. 

But the delays affecting many licensing offices across Italy are already undermining their efforts and mean it’s unlikely some residents will be able to get their licence before the deadline.

Sahota might just be one of them. 

“It is a helpless situation not being able to plan anything,” she tells The Local.

“I don’t think they understand how this affects the lives of people who need to drive for work, for families, for their own freedom of movement.”

Sahota’s situation, and that of many others across the country, isn’t being helped by the inherent nature of the Italian licensing system, which is built on a series of tight, consecutive deadlines. 

Red Vespa motorcycle and vintage Fiat

The Italian licensing system is based on a series of tight deadlines, which make candidates susceptible to even the shortest delays. Photo by Vincenzo PINTO / AFP

After submitting a request to take the test, candidates have six months to pass the theory exam, within a maximum of only two attempts. They then have 12 months and a total of three attempts to pass the practical exam. 

Also, those who have to resit either exam can only do so at least a month after the failed attempt.

As a result of this, even a waiting time as ‘short’ as two months might keep a candidate from being able to retake an exam within the set timeframe. If this happens, the candidate has no choice but to re-enrol and pay all the enrolment fees again.

Several reports of residents not being able to retake an exam through no fault of their own have emerged over the past few weeks. 

Stefano Galletti, president of Bologna’s UNASCA office, said last week that candidates in the city “can barely take an exam” in the given time span, with longer-than-usual waiting times often keeping people from retaking in case of failure.

READ ALSO: Some of the best learner sites for taking your Italian driving test

While hiring more examiners looks like the solution to the problem, but increasing the Italian licensing department’s workforce might not be as straightforward as many would think. 

According to Patella, the Italian government will have to either implement a special hiring policy known as ‘piano straordinario’ – an option which, he says, hasn’t been considered so far – or delegate tasks to employees of other national agencies in order to fill the current gaps. 

But, even if one of the above measures were to be put into effect, Patella believes that “we would only manage to get back to a normal state of things in around three years” – that’s also because “being an examiner is not a very sought-after job and few people are still willing to do it”.

In the meantime, residents facing delays can get in touch with the Italian licensing department’s support centre to report their issue or ask for guidance. 

It’s also worth noting that residents are allowed to sit their driving tests in a province other than the one where they reside. 

However, if the province where they choose to take the test doesn’t border that in which they are resident, the licensing office can ask candidates to give a valid reason for the choice and to provide additional documentation.

For further information, contact your local licensing office (Uffici di Motorizzazione Civile). Find details of your nearest office here

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