Applying in Italy

This is a distinct process and deserves its own page. The original site had many Italy-application fragments; they are consolidated here.

Applying in Italy

Consulates are often difficult to get citizenship appointments with. When you are able to snag an appointment, it may be years off. Then, once you submit your application for recognition, it may be another year or two before they process it.

So, why not go to Italy? Heck, how about getting all the documentation ready and walking it into your ancestral comune the next time you're there on vacation?

Not so easy. Yes, you can apply in Italy, but there are laws and procedures you must follow. We walk you through these in the submenu topics.

IS IT POSSIBLE TO APPLY IN ITALY?

Yes, but in order to do so, you need to move there and moving to Italy to apply is not for everyone. You must be able to put your life on pause, spending a minimum of 3-4 months, possibly longer, residing in Italy, awaiting your recognition. So, you need the financial assets to support the travel and living expenses involved in an extended stay. You have to be prepared to navigate Italian bureaucracy (apartment hunting and lease negotiations, declaring residency, submitting your citizenship application documents, and likely obtaining a long-term stay permit). You also need to be completely prepared with your documents to be submitted in support of your claim for citizenship because any major issues with discrepancies or missing information from abroad will cause delays. You have a very short window of opportunity to accomplish all of the steps to successfully submit your application for citizenship within the 90 days per every 180 that the Schengen visa allows, or you must leave and start anew 6 months later.

Overview: Before you can apply, you must first establish residency. Unlike in the US, residency in Italy is very formal. You must register with the city. It adds you to their residence logs and entails starting trash collection and other services. Your ability to establish residency is predicated on owning property or having a lease for residency purposes (usually 6 months or more). Staying at a vacation rental, like an AirBnB, or at a hotel will not qualify you for residency.

If you can legally enter Italy on your foreign passport, you do not need to obtain a special visa. US passport holders are permitted to stay legally in Italy for up to 90 days per every 180 without a visa. (Note that this term is a cumulative of time spent in all countries in the Schengen zone. So, if you have travelled in this zone within the past 180 days leading up to your move to Italy, previous time spent is deducted from the 90-day allotment.) Residency normally requires proof of an extended visa, but there are special provisions for those applying for jure sanguinis citizenship to allow for residency to be declared. So, JS applicants are able to travel to Italy without a visa and take up residency status there with just their US passport.

JS applicants are eligible to apply for a special Permesso di Soggiorno (PdS) in attesa di cittadinanza, which is an Italian stay permit granted specifically to people present in Italy just to apply for JS citizenship (or also for those there to reacquire their lost Italian citizenship). The PdS will allow the applicant to stay legally in Italy past the 90 days if staying beyond 90 days at some point becomes necessary. This can only be obtained once you have first established residency and then successfully submitted your citizenship application.

Many cities can process JS applications within 90 days, but there are some variables outside of their control that can cause delays of months. Also, those who have applied in cities with backlogs of applications have had to wait over a year for recognition. If you intend to apply in Italy, you need to be prepared to stay open-ended, as the timeline to complete a case cannot be predetermined. It is important to note that you cannot legally work until your citizenship is recognized (or unless you obtain an employer-sponsored work visa) and it can be difficult in most cities to obtain permission for trailing family members to stay beyond the 90-days their passport allows.

We cover these processes in detail in the sections that follow.

Next Section: Where In Italy Do I Apply?

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WHERE IN ITALY DO I APPLY?

All JS applications are lodged at the comune (city hall) that presides over your location of residency. This can be any comune of your choice and does not have to be the ancestral comune or place of last residence for your Italian born ancestor who emigrated from Italy. There are over 8,000 comuni in Italy.

When it comes time to select a comune, it is often a mistake to choose a large city as they are overwhelmed with requests and tend to be hostile to JS applications. People tend to have a better experience when presenting their application to medium sized or even small towns in Italy, as some of them appreciate the applicant’s choice to visit them and invest some money through their stay in that specific “off-the-beaten-path” municipality.

The danger in selecting too small of a town is the fact that they will have less experience with these applications and may need you to educate them on the law and guide them through the proper procedures to follow, so it is always a good idea to keep on hand a copy of the Ministry of the Interior’s instructions on how the comune should process these applications. The office in Italy that handles these applications is called the Stato Civile office. In some smaller towns, the Stato Civile is part of the Anagrafe office. There are also Citizenship (Cittadinanza) divisions within the Stato Civile Office of certain larger cities if one does end up applying in one of Italy’s big cities; some medium sized cities (population of 20k) may also have an Ufficio di Cittadinanza.

Where is the best location to apply? Counterintuitively, the answer to this question is best answered by YOU. You will need to research or have first-hand experience of different regions and cities. Finding adequate living arrangements will be a key factor, but also amenities in the area should be considered. Do you need easy access to a major airport or rail line? Would you prefer to be off the beaten path or around other foreigners? Do you have relatives or friends you would want to be near, particularly those who might help you navigate bureaucratic processes? Bear in mind that the comune you apply at will forever be your “birth” comune. This is unlike applying at a consulate where they forward your documents to your ancestral comune for registry. So, if you have a special connection to someplace or maybe just want to be registered at the place your ancestors lived, that city may be your answer.

Once you have created a short-list of desirable locations, it is important to investigate the city’s procedures for establishing residency and lodging a JS application. If possible, do so in person so you can meet with and discuss your desires with the people you will potentially be dealing with. If they seem uncooperative, it is a red flag. Sometimes it can be helpful to have a local help you make first contact. If you do not have a friend or relative in the vicinity, language schools can be a good resource to provide an interpreter and they may even have some knowledge of JS procedures through their students. Relying on recommendations from others who have been successful applying directly in Italy can be helpful. However, processing of JS applications is laborious; only bigger cities have special staff to handle such requests. The job usually falls to the vital records officer who is responsible for recording all births, deaths, and marriages within the city, as well as preparing ballot lists for voting and many other tasks. In smaller towns, the person who handles this and most other administrative functions may actually be the mayor or some part time officer who travels to work in different towns through the week. So, more than one applicant in a smaller city can overwhelm the comune and lead to delays and, potentially, problems getting cooperation from the officer. Because of this, beware of locations boasting “JS-friendly” status.

Video about where to apply in Italy

Note: It is important to remember the comune has to understand you are not asking to become an Italian citizen. That means Naturalization and is a totally different process. You are requesting to get the Italian citizenship recognized. You are already an Italian citizen, just undocumented.

Next Page: What Documentation Do I Need?

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WHAT DOCUMENTATION DO I NEED?

You will see many generalities and uncertainties in the following information. This is because there are nearly 8,000 different comuni, so 8,000 potential sets of requirements. The following are guidelines, but you really need to get the expectations of the comune where you will be applying in advance or at least prepare as if you are applying at a strict US consulate.

Some comuni will lay-out their requirements for applying on their website. Even so, a highly-suggested method of improving your chance of success when applying is to arrange for the comune officer to preview your documents before you make your move. Not all will be willing to do this, but if you establish contact in person or through a local and position it as a way of helping to ensure the process is smooth when you do move, they might oblige. They may be willing to review scanned documents via email or you might consider arranging a meeting during a scouting trip.

Comuni in Italy usually require less documentation on your ancestors than US consulates. Most only require that you provide vital records (birth, marriage, death) for your direct line; those for spouses of your direct Italian ancestors are not typically required. Also, proving naturalization status for your ancestor is less arduous. A copy of your ancestor’s naturalization certificate from USCIS or NARA or a Certificate of Non-Existence from USICS if your ancestor never naturalized should be sufficient. Comuni do not usually request census records, alien files, arrival documents, etc. Of course, if you have collected this information, bring it just in case—you never know what might help your case. Just don’t volunteer documents not required if everything is going smoothly when you apply. As stated before, unless you can determine their requirements in advance, be prepared with every document possible to prove your case. Beware that some comuni impose an age limit for documents presented; some will not accept any document issued more than 6 months prior.

Apostilles: Unlike most US consulates, all official foreign documents you present in Italy must have an apostille. This includes naturalization documents and all non-Italian vital records.

Unwed Applicants: One unique requirement to applying directly in Italy is that some comuni request a nubile/celibe (single-status) certification. The Italian equivalent of such document is a certificato di stato libero. While this kind of document is normal in Italy, it is quite unusual in the US. However, there is a process to obtain one from US Embassies or the Department of State. See here for details.

Discrepancies: Generally, standard Anglicizations of first names (i.e. Giuseppe to Joseph) are acceptable, but unless you are lucky enough to arrange to have the comune preview your documents beforehand, all discrepancies should be dealt with ahead of going to Italy to apply. While there are general rules and guidelines they need to follow and they are subject to audit by a national oversight agency, they are mostly autonomous with regard to the level of scrutiny they place over documentation. In other words, what is acceptable is unpredictable, so it is best to ensure your documentation is straightforward in that they can easily confirm through birth and marriage documents, in particular, that each person in your line to the last Italian ancestor from Italy was descended from the prior.

Should you have to have discrepancies in names and/or dates addressed, there are multiple potential methods of doing so. All but the most stringent (usually the biggest) comuni will accept a Sworn Agreement of Concordance (Perizia Giurata di Concordanza). This is the easiest way to address discrepancies across multiple documents, particularly those that cannot be amended. Any discrepancies on your personal vital records (birth, marriage) will need to be corrected in advance--the comune cannot transcribe records that they believe have inaccuracies. See our page on discrepancies for an explanation and list of other methods to address discrepancies.

Translations: A nuance to applying in Italy over the consulates is that everything you present that is not already in Italian must have a legalized translation. To accomplish this, you have three options:

Have the translations done in Italy. The Italian translator must go to the court to swear to them. These are known as sworn translations. This can be expensive as the translator often wants more money because of the need to go to court. Plus the courts have a fee of one marca da bollo per 4 pages of translation.
Have a consulate legalize them. In this case, anyone competent can perform the translations. The documents and translations are sent to the Italian consulate with jurisdiction over the place that issued the document for legalization of the translation. The fee is 14,90 per page payable to the Consulate. (Verify the current rate in US dollars on the consulate’s website.) Most people don't opt for this as it's too difficult to work with the Consulate to get these done and can take months. Plus, if you have documents from multiple states, you may have to deal with multiple consulates.
Have the translations apostilled. In this option the translations can be done by anyone competent, but the person must have a written statement attesting to the accuracy and their credentials and sign before a notary. You then send the translations with the notary stamp to the secretary of state in the state in which the notary is registered and they will apply an apostille legalizing the notarization. Most people applying in Italy choose this option. The apostille replaces the legalization from the Consulate. This, like having translations sworn in Italy, is also an expensive option, particularly in states where the fee for an apostille is high. However, many professional translators are familiar with this legalization process and will handle all the steps for you.

Keep in mind that, according to the Ministry, the Comune can only accept any one of these three options, they sometimes insist on one specific method or some will even accept a simple (non-apostilled or legalized) translation. It is recommended that you research this with the comuni when you are doing your initial scouting of places to reside and apply.

Next Section: Applying, Step 1 - Declaring Presence

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APPLYING, STEP 1: DECLARING PRESENCE

All visitors to Italy are required to declare their presence within 8 days of arrival. There are 3 ways this can be accomplished:

If you fly direct from the United States to Italy, then the border control officer will place a stamp inside your passport which indicates the date you entered the country. If they try to wave you through without stamping your passport, you can ask for the stamp.
If for some reason you will not be traveling direct to Italy but rather first landing in another Schengen Zone country before entering Italy, then your passport will lack a necessary entry stamp called a “timbro”. If you check into a hotel (B&B, agriturismo), they will ask for your passport. As required by law, they use your passport and registration information to report your presence. Be certain to obtain a copy of your hotel registration as this will serve as your declaration of presence.
In the absence of either of the above, you must go to the Questura, located in the provincial capitol (Police Station) of your chosen comune within eight days of entry into Italy to file a Declaration of Presence within the country, known as a “Dichiarazione di Presenza”. The officer at the Questura will want to know why you are there and why you feel you need to make a Dichiarazione di Presenza, so you will need to bring all your paperwork with you to show him/her that you are in Italy to apply for Italian citizenship and will need the Dichiarazione di Presenza to obtain residency status at your selected comune. You will also need to bring a 3×4 photo of yourself and proof that you are staying somewhere in Italy. This can be your lease agreement, hotel registration, or a letter of hospitality issued by your host.

Further details: How to report entering Italy

Next Section: Applying, Step 2 – Establishing Residency

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APPLYING, STEP 2: ESTABLISHING RESIDENCY

If you are renting, you will need a codice fiscale (fiscal code, somewhat like a US Social Security Number) to form part of the rental contract and its registration with the government. You can obtain the codice fiscale from your Italian consulate back in the USA before you leave for Italy or by visiting your local office of the Agenzia delle Entrate from within Italy.

Attention married women: the codice fiscale should always be requested in your maiden name (the name as it appears on your birth certificate).

The owner of the house or apartment that you are renting from has 48 hours to inform the Questura that their property is rented and occupied. The Questura releases a document known as “Communicazione di Cessione di Fabbricato.” You will need a copy of this document for your residency application at the comune and in some cases you may need to go to the Questura yourself to file the application for the Cessione di Fabbricato if the owner has failed to do this on your behalf.

Keep in mind that the Cessione di Fabbricato is not needed if the contract was registered with the Agenzia delle Entrate who handles this on the owner’s behalf, so this step is only for an unregistered contract known as a “Scrittura Privata.” This is also not needed if you are living with a friend or relative who files hospitality declarations for your stay with the required offices.

Before you can visit City Hall (Palazzo Comunale) to apply for citizenship recognition, you need to have either your timbro or your Dichiarazione di Presenza and a fixed address in Italy in order for you to take up your residency status within the Comune. See step 1 for information on the timbro/Dichiarazione.

Your next visit is to the comune’s Anagrafe office to request a form called a Dichiarazione di Residenza (residency declaration). They will want you to fill that out and prove to them that you have a place within their municipal jurisdiction to reside during your stay in Italy. This proof can be a copy of the rental agreement or a letter of hospitality from your host. The clerk will also want to see your citizenship paperwork at this time, as the reason you are applying for residency is precisely to be able to submit your JS application, so all your documentation along with apostilles and translations will need to be reviewed by the clerk. The clerk will only want to see that you have the necessary documentation and will not want to keep it or even thoroughly examine it as you will have to return for an actual citizenship appointment after the residency application is finalized. In some large comuni that have a special citizenship office within the comune (one example is Rome), you may need to go to Ufficio Cittadinanza beforehand and show the citizenship officer your paperwork to obtain a receipt that you then take to Anagrafe for residency.

Sometimes the Anagrafe clerk will not permit you to be registered as a resident unless you have an extended stay permit called a Permesso di Soggiorno (PdS). If so, then you must obtain one before applying for residency status. Some clerks want you to have the PdS just because they believe there is a chance that the process can take longer than the 90 days your passport allows you to stay and so they won’t register you as a resident unless they know that you have permission to reside in Italy past 90 days at the time you submit your residency application. See step 4 below for information on obtaining a PdS.

Once your residency application is accepted, the clerk has to wait until a police officer stops by your house to confirm that you are physically present there before you can be enrolled in the Anagrafe del Popolo Residente (APR) database as an official resident of the town. Put your name on the doorbell or intercom and stay in town until the visit is complete. The vigile has 45 days to make the visit but it is usually completed in 3 weeks. It is not unheard of in some places for the Vigile to make more than one visit (they sometimes check 3X) before they will confirm with the City Hall clerk that you are indeed residing at the place you claimed.

Important note regarding taxation: According to Article 2 of the Italian Tax Code, an individual is considered an Italian resident for income tax purposes if, for the greater part of the fiscal year (i.e. for more than 183 days), registered as a resident. This is an important consideration for strategizing when to go; if your intention is to not stay beyond your recognition, a processing time of over 6 months within the same year will put you in a position of having to file taxes. There have been cases where those applying in Italy have been successfully prosecuted for failure to comply, even after moving abroad. It is also critical that if you do move out of Italy, you enroll in AIRE (registry of citizens abroad) as soon as you move. This is done through the Italian consulate/embassy that serves your new residence and will ensure that your Italian residency is cancelled.

Next Section: Applying, Step 3 – Presenting JS Application

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APPLYING, STEP 3: PRESENTING JS APPLICATION

Once the Vigile confirms your residence, the comune may take a few days to include you in their database. Once your registration in the APR is complete, you can schedule a citizenship appointment or just walk in to present your application if walk-ins are accepted, and they usually are in all but the largest cities.

The Stato Civile officer will thoroughly examine all your documentation and, if everything is in good order and suitable according to the clerk’s standards and criteria, then you will be issued a document by the clerk stating that you have presented your application and that it was received (ricevuta). When you present your documentation, you must also present a completed JS application known as “Istanza di riconoscimento del possesso dello status civitatis italiano” with a marca da bollo (revenue stamp) for 16 Euro which is obtainable from the Tabaccheria. The clerk can get you this form but it may also be available for download online.

Non Rinuncia checks: Part of the processing of your application involves verification from the consulates over the various places outside Italy that you and your ancestors lived, that none of you ever voluntarily renounced Italian citizenship before an Italian authority. The clerk may want you to present to them a document attesting to all your places of residency and all the places of residency for everyone in your direct line of citizenship transmission. This form is used to help the clerk know which consulate or consulates they need to contact. The clerk cannot finalize your application until all these “Attestati di Non Rinuncia” or no renunciation certificates come in from abroad. Many who have attempted to apply in Italy have reported confusion over responsibilities for this part of the process. This request to the consulates must come from the citizenship officer. You cannot request these checks yourself.

APPLYING, STEP 4: EXTENDED STAY PERMIT

Sometimes the previous 3 steps plus the processing of your recognition application will exceed the 90 days your passport allows you to stay. In this case, it is mandatory to obtain an extended stay permit called a Permesso di Soggiorno (PdS).

If you have already been in Italy for 2 months and it is possible you will have to stay beyond the 90 days before your citizenship is finalized (or if the Anagrafe clerk decides that you need the PdS in order to establish residency), then you need to go and apply for a Permesso di Soggiorno in Attesa di Cittadinanza. The PdS IAC will permit you to reside in Italy for 1 year while you wait for your citizenship application to conclude. You can pick up your PdS kit (Kit Giallo) at the Italian Post Office (Ufficio Postale). You will need to fill out Modulo 1 in black ink and do so without any errors as even the smallest mistake invalidates the application and you will need a fresh form. Modulo 1 requires that you affix a marca da bollo in the amount of 16 Euros, which you can obtain from the Tabaccheria. You need to sign the forms in the presence of the Post Office employee, and they will seal the envelope, so bring it unsealed. The post office will give you a receipt that you applied for the PdS and that receipt is sufficient proof for the town clerk to register you as a resident if they feel the PdS is essential for APR registration.

Once the permesso is ready (and this can take up to four months), you will be summoned to the Questura and asked to present your Identification information and four photos of you taken with a white background. The receipt that the Post Office gives you is important, as it will also contain the Protocol number for your PdS application which will allow you to track its progress on their website.

AFTER YOUR APPLICATION IS FINALIZED

The Stato Civile Officer or the Mayor of the town will put into writing if the comune is accepting or denying your application once they have completed their examination of all the documentation and received all the no renunciation certificates.

In the case of a denial, they will specify the specific reason for the denial and allow you to appeal the decision either on your own or through a third party. You can always have an Italian citizenship lawyer examine your denial letter and decide if perhaps recourse to the Italian courts is your next best option. If your application is approved, you will receive a letter of recognition and be called back to the comune to sign the attestation of recognition of Italian citizenship, unless it is the practice in that town for the Mayor and not the applicant to sign the attestation. The town clerk will need some time to transcribe your vital records, but you will be permitted to request the Italian version of your birth and marriage certificate as soon as the transcription process is complete. At this point you are free to also request your Carta d’Identità (ID card) from the Anagrafe Office and your Italian passport from the Polizia di Stato if one is needed. The Carta d’Identità will only cost you 5.42 Euros and you need to bring only 2 passport size photos, whereas the passport will cost you 116 Euros in total (this includes a 73.50 Euros administrative fee and plus the fee for a marca da bollo in the amount of 42.50 Euros) and you will need 4 passport size photos and your carta d’identità.

APPLY IN ITALY FAQs

Q: Is this really something that I can do on my own, especially if I don’t speak Italian?

YES! Many other non-Italian-speaking people do accomplish this without being able to speak the language.

There are a lot of linguists that reside in Italy and you can easily hire one of them at a reasonable rate to accompany you to your appointments. You can find English-speaking Italians by contacting the English department at a nearby high school, college, or language school, and ask them for a suggestion as to how you can hire an interpreter. YouTube and the Internet in general are excellent ways to find information on how to fill out the Italian forms that are required as a part of this process. Since there are so many people looking to avoid applying at the consulate and flying to Italy to present their application, you can find a company or an individual service provider to either guide you through the process or connect you to their network in Italy and help you expedite the entire process.

The more you do on your own, the less money you will need to spend, but there are excellent service providers out there that can offer you a turn-key service, but beware of those that guarantee processing times of less than 90 days. No provider can determine how long processing will take, even with a preexisting relationship with a comune be ause there are factors outside of the comunes' control that can greatly impact processing times. Of course, the Italian-US Dual Citizenship Facebook group is an excellent resource for any Italian citizenship DIYer.

Q: What are some of the benefits of applying directly in Italy versus a consulate?

The wait time to get a citizenship appointment at the consulate plus the wait time for recognition post-appointment can take years. It can take 2-3 years to get into the consulate and then another year or more for recognition. On average, applications in Italy are finalized in 90-180 days, though there are some who have reported having waited a year or more.

Some service providers who assist with the process will claim that the time spent in Italy can be two weeks. This, however, would not meet the test for residency and, if audited, the comune can cancel citizenship for those who sidestep residency requirements. This has, in fact, happened to thousands of people, sometimes years after citizenship recognition.

The greatest benefit of all to applying in Italy is the fact that you get to establish a relationship with your home country and meet the people who will be processing your document registration. If you are applying in your ancestral comune, then you will have an opportunity to meet relatives and further research your family tree.

Italian consulates in the USA do not offer you the opportunity to request a carta d’identità as that can only be acquired at consulates in the EU or at the comune in which you are registered. Most people who apply for citizenship in Italy come home with a carta d’identità that can be renewed later on through the consulate of Italy located in the USA.

Are there any cons to applying in Italy?

This somewhat depends on your point of view. It is probably the most expensive way to apply for citizenship recognition, as it involves travel and living expenses not typically associated with consulate applications. Even with a PdS, in-Italy JS applicants are not permitted to work while they are there. So, you will have to factor any loss of income by being away from your job.

People who apply in Italy will also have a few extra steps that consulate applicants will not have in terms of paperwork. All naturalization documentation or proof of no naturalization will require an apostille and translation into Italian, which is not needed when one applies at the consulate. Almost none of the clerks in Italy will accept a simple translation as they are instructed by the Ministry of the Interior that all translations done outside of Italy need to be either legalized by the Consulate of Italy in the United States or be an apostilled translation which happens when the translator certifies the translation by means of an oath that is received by a notary public. Translations done in Italy will have to be sworn translations where an official translator swears to the translations before the Italian court and this process involves a special fee per four pages.

All applicants are at the mercy of the clerk and their interpretation of the law’s requirements. If one encounters a difficult clerk who decides that extra documentation is needed or that amendments to specific documents must be made before approval, then one has to try and orchestrate those changes from outside the USA.

Am I able to travel during my stay?

While it is advisable to remain available both for your physical residency validation by the Questera and then also for questions and appointments with the stato civile office during the processing of your citizenship application, you may travel. Keep in mind that you have no special privileges to travel around the Schengen zone beyond what your US passport allows until you are recognized as an Italian citizen. Countries in the Schengen pact, which is most of the EU, allow a cumulative of up to 90 days' stay every 180 across all countries. The only exception is if you obtain a permesso di soggiorno to extend your stay in Italy for the purposes of your citizenship application. With a PdS, you are allowed to enter and leave Italy as often as you need, though it does not allow you any additional time in other Schengen countries.

Is there a minimal amount of time you must reside in Italy to be a legitimate resident?

No – There is no minimal time established. However, you will find that most leases are for no less than 6 months in duration. While it is possible for you to leave the country during your residency and still maintain residency status, it is important that you remain available at least until the Questura physically validates you are residing there. Keep in mind, though, that they may check more than once, particularly if the comune is concerned that you are not truly residing in Italy, rather just declaring residency solely for the purpose of applying there when not truly living there.

Can you use a B&B or hotel as your residency address?

No. Since you cannot apply for recognition until after you have residency, you have to first get through the residency process. For most clerks, these would not be sufficient proof that you are taking up permanent residency in Italy. They will that you enroll as a resident either with a letter of hospitality from a friend or family member or on a rental contract of a certain duration. You can sometimes convince the clerk to move forward with processing your residency application on a short-term rental with the idea that you are still searching for your long term home; however, not all clerks will work with you on this.

Forms and Regulations

There are over 8,000 comuni and probably double that the number of officers who might be involved in processing citizenship applications, so expertise varies widely. The following documents may be helpful in your application process with the comune, should they be unsure of the processes or certain steps.

INSTRUCTIONS ABOUT JS FOR A COMUNE - Circular Letter K28.1

English

Circular no. K. 28.1 - April 8, 1991, Ministry of Interior

Recognition of possession of Italian citizenship for foreign citizens of Italian lineage.

Please note that the recognition of the possession of Italian citizenship for the aforementioned category of people is subject to certain defined criteria and an assessment of the documentation presented to prove that they meet the essential qualifying factors.

1. Preconditions for the recognition of Italian citizenship.

First, it is necessary to clarify that the potential possession of the Italian citizenship must be certified by the Mayor of the Italian municipality of residence, the procedure is initiated at the request of the interested parties, only if they can first prove that they are registered as a resident of the municipality (enrolled in the the population Registry of an Italian municipality).

2. Procedure for the recognition of Italian citizenship.

The applications for recognition of Italian citizenship under Article 1 of Law 13 of June 1912, no 555 are to be addressed to the Mayor of the Italian city of residence, or to the Italian Consul under whose consular jurisdiction resides the foreigner of Italian origin.

All applications must be accompanied by the following documentation:

1. Birth certificate extract of the Italian ancestor who emigrated abroad, issued by the Italian municipality where he was born;

2. Birth certificates, bearing an official Italian translation, of all his descendants in the direct line including that of the person claiming the possession of Italian citizenship;

3. Marriage certificate of the Italian ancestor who emigrated abroad, along with an official Italian translation if certificate was issued abroad;

4. Marriage certificates of his descendants, in the direct line, including the parents of the person claiming the possession of Italian citizenship;

5. Certificate issued by the authorities in charge of the foreign country of emigration, including an official translation in Italian, stating that the Italian ancestor who emigrated from Italy did not acquire the citizenship of the foreign country of emigration before the birth of the next ancestor in the line of the applicant;

6. Certificate issued by the Italian consular authority in charge of certifying that neither the direct ascendants nor the person claiming the possession of the Italian citizenship have ever renounced their Italian citizenship according to Article 7 of Law 13 of June 1912, no 555;

7. Certificate of residence.

It is specified that the application, presented in Italy, must be drawn up on legal paper and that the certificates related to it, if issued in Italy by Italian authorities, should be produced in accordance with the existing provisions on tax stamp duty Certificates issued by foreign authorities must be written on plain paper (paper lacking a tax stamp) and duly legalized unless legalization is not needed because of international conventions ratified by Italy. The same documents must be accompanied by an official translation in the Italian language which, insofar as if done in Italy, must be made on tax stamped paper.

The Honorable Mayors, after having verified all the claims put forward in the application for the recognition of Italian citizenship jure sanguininis, will arrange for the transcription of all the vital records relating to the recognized applicant or applicants as our fellow countrymen and will proceed to handle the issuance of a citizenship certificate to them as well as any other obligations pertaining to their authority.

The Honorable mayors, finally, will communicate their decisions to the SS.LL., to the local P.S. authorities and to this Ministry.

Please share these important instructions with the mayors of the municipalities in the province and provide them with encouragement.

Italiano

Circolare n. K. 28.1 - 8 aprile 1991 del Ministero dell'Interno

Riconoscimento del possesso dello status civitatis italiano ai cittadini stranieri di ceppo

Si fa presente che il riconoscimento del possesso dello status civitatis italiano all’anzidetta categoria di persone deve essere subordinato al verificarsi di determinate condizioni ed al documentato accertamento di alcune essenziali circostanze.

1. Condizioni preliminari per il riconoscimento della cittadinanza italiana.

Innanzi tutto occorre chiarire che, dovendo l’eventuale possesso dello status civitatis italiano essere certificato dal Sindaco del Comune italiano di residenza, potrà essere avviato il relativo procedimento su istanza degli interessati, solo ove costoro risultino iscritti nell’anagrafe della popolazione residente di un Comune italiano.

2. Procedura per il riconoscimento della cittadinanza italiana.

Le istanze di riconoscimento della cittadinanza italiana ex articolo 1 della legge 13 giugno 1912, n.555 dovranno essere indirizzate al Sindaco del Comune italiano di residenza, ovvero al Console italiano nell’ambito della cui circoscrizione consolare risieda l’istante straniero originario italiano.

Le stesse dovranno essere corredate dalla seguente documentazione:

1. estratto dell’atto di nascita dell’avo italiano emigrato all’estero rilasciato dal Comune italiano ove egli nacque;

2. atti di nascita, muniti di traduzione ufficiale italiana, di tutti i suoi discendenti in linea retta, compreso quello della persona rivendicante il possesso della cittadinanza italiana;

3. atto di matrimonio dell’avo italiano emigrato all’estero, munito di traduzione ufficiale italiana se formato all’estero;

4 . atti di matrimonio dei suoi discendenti, in linea retta, compreso quello dei genitori della persona rivendicante il possesso della cittadinanza italiana;

5. certificato rilasciato dalle competenti Autorità dello Stato estero di emigrazione, munito di traduzione ufficiale in lingua italiana, attestante che l’avo italiano a suo tempo emigrato dall’Italia non acquistò la cittadinanza dello Stato estero di emigrazione anteriormente alla nascita dell’ascendente dell’interessato;

6. certificato rilasciato dalla competente Autorità consolare italiana attestante che né gli ascendenti in linea diretta né la persona rivendicante il possesso della cittadinanza italiana vi abbiano mai rinunciato ai termini dell’art. 7 della legge 13 giugno 1912, n. 555;

7. certificato di residenza.

Si precisa che l’istanza, presentata in Italia, dovrà essere redatta su carta legale e che i certificati forniti a corredo della medesima, ove rilasciati in Italia da Autorità italiane, dovranno essere prodotti in conformità con le disposizioni vigenti in materia di bollo. I certificati rilasciati da Autorità straniere dovranno essere redatti su carta semplice ed opportunamente legalizzati salvo che non sia previsto l’esonero dalla legalizzazione in base a convenzioni internazionali ratificate dall’Italia. I medesimi documenti dovranno essere muniti di traduzione ufficiale in lingua italiana la quale, se gli stessi sono esibiti in Italia, dovrà essere redatta su carta da bollo.

I Signori Sindaci, verificata altresì la fondatezza della pretesa avanzata dagli istanti a vedersi attribuita iure sanguininis la cittadinanza italiana, disporranno la trascrizione degli atti di stato civile relativi ai soggetti riconosciuti nostri connazionali e potranno procedere al rilascio dell’apposita certificazione di cittadinanza nonché agli altri conseguenti incombenti di competenza.

I Signori Sindaci vorranno, infine, dare comunicazione delle determinazioni assunte alle SS.LL. alle locali Autorità di P.S. ed a questo Ministero.

Si prega di diramare le opportune istruzioni ai Sindaci dei Comuni della Provincia e di fornire assicurazione.

RESIDENCY FOR JS INSTRUCTIONS FOR A COMUNE - Circular Letter 52

English

Circular no. 52 – September 28, 2007, Ministry of Interior

MINISTRY OF THE INTERIOR

Department for Territorial and Internal Affairs

Center for Management of Demographic Services

SUBJECT: Obtaining residency status for applicants of Italian descent applying for the recognition of citizenship. Implementation of the law # 68/2007 for people traveling on short-term stay permits.

Following the release of Circular Letter # 32 of June 2007 the SS.LL are kindly asked to inform all the municipalities of its publication in the Gazzetta Ufficiale (Official Law Journal) # 181 on August 6, 2007 under the title of Decree of the Ministry of the Interior, dated July 26, 2007 and with the heading “Different ways of making a declaration of presence for foreigners making a short-term trip for the purpose of a visit, business, tourism and studies according to the law # 68 of May 28, 2007”.

According to the instructions of the above-mentioned Ministerial Decree for the purpose of taking up residency in Italy in order to apply for the recognition of Italian citizenship jure sanguinis people coming from counties outside of the Schengen area only need to present the immigration stamp placed on their travel document by the Boarder Authorities to demonstrate to the Comune that one has permission to legally stay in the country temporarily.

For all those people entering Italy from within the Schengen Area it is necessary to show proof to the Comune that a declaration of Presence was previously made to the chief of Police at the Questura within 8 days of arrival as is laid out in article 9 of the Royal Decree # 773 of June 18, 1931 which was issued to people who operate Hotel and other types of accommodation services.

The stamp or a copy of the declaration of presence, depending on the country from which one enters Italy constitutes proof that the foreigner has permission to legally reside in Italy for a period of up to three months or for the minimum period allotted according to their entry visa if applicable.

Italiano

https://dait.interno.gov.it/servizi-demografici/circolari/circolare-n52-del-28-settembre-2007

NON RINUNCIA REQUEST EXAMPLE

In the steps above, we mention that there is sometimes confusion on the part of comuni over who is responsible for requesting required responses from all consulates that preside over locations where the applicant's direct line lived as to whether or not the applicant or ascendant ever renounced Italian citizenship to an Italian official. According to the procedural book "Manuale pratico della cittadinanza in Italia" by Maria Rita Serpilli in section 9.1.3. Adempimenti dell'ufficiale dello stato civile, it states:

"Il certificato di non rinuncia alla cittadinanza italiana, di cui al punto 3) del paragrafo precdedente viene richiesto direttamente dall'ufficiale dello stato civile al consolato competente (o ai diversi consolati, se gli ascendenti sono risiduti in più circoscrizioni consolari) (modulo n. 42)"

Translated:

The certificate of non-renunciation of Italian citizenship, referred to in point 3) of the previous paragraph is requested directly by the stato civile officer to the competent consulate (or at the different consulates, if the ascendants are resident in several consular districts) (form n. 42)

Click here for an example of a non rinuncia form that a comune might have you fill-out, with which they will determine what to request from which consulates.

When making a request to the consulate(s), the officer may need to include a copy of your certificate of residency, showing you are in the APR database and proof of when and if your ancestor naturalized in order to get a response.