The applicable law to the maximum time limit set for Italian authorities to handle Italian citizenship applications by marriage has changed a number of times in the past few years.
Which term applies to your application?
For applications submitted from 21.12.2020, the deadline is 24 months, extendable to 36 months (art.4 c. 5 and 6 of Law Decree of October 21st, 2020 np. 130 amending Article 9 ter or the Italian Nationality Act).
LEGGE 5 febbraio 1992, n. 91: Nuove norme sulla cittadinanza
Art. 9-ter
1. Il termine di definizione dei procedimenti di cui agli articoli 5 e 9 e’ fissato in ventiquattro mesi prorogabili fino al massimo di trentasei mesi dalla data di presentazione della domanda.
For applications submitted between October 5th, 2018 and December 20th, 2020, the maximum handling time is 48 months, according to Law Decree of October 4th, 2018 no. 113.
For applications submitted before October 5th, 2018, the Ministry of the Interior maintains that the 48 months deadline still applies.
Please note that these deadlines apply to procedures of Italian citizenship by marriage (i.e. if your spouse or same-sex registered partner is an Italian citizen), or by residence in Italy. That is the meaning of the language of the law quoted above, and particularly of the reference to Articles 5 and 9 of the Italian Nationality Act. These deadlines do not apply to the procedures of Italian citizenship by origin from an Italian-born ancestor.
An arguable interpretation of the law
The 4-year provision should not apply to the applications submitted before October 5th, 2018. That is because the provision which extended the 4-year deadline for applications was deleted and replaced in October 2020 (by Article 4, §5 of Law Decree 130/2020).
As a consequence, the previous 24-month deadline applies.
The main reference in the law for the duration of the Italian citizenship process is Article 3 of the President of the Republic Decree of April 18th, 1994 entitled “Regulation concerning the process for acquiring the Italian citizenship”. It stipulates that the deadline to conclude a citizenship process is 730 days.
DECRETO DEL PRESIDENTE DELLA REPUBBLICA 18 aprile 1994, n. 362, “Regolamento recante disciplina dei procedimenti di acquisto della cittadinanza italiana”
Art. 3, Definizione del procedimento
1. Per quanto previsto dagli articoli 2 e 4 della legge 7 agosto 1990, n. 241, il termine per la definizione dei procedimenti di cui al presente regolamento è di settecentotrenta giorni dalla data di presentazione della domanda.”
However, the Ministry still maintains that even applications submitted before October 5th, 2018 are subject to the long 4-years handling time. That gave origin to recent disputes before the Italian Courts (October 2021). The judgements are still very few but recognise that the applicable deadline is still 730 days.
Such encouraging decisions did not change the behavior of the Ministry of the Interior so far, but with time, such change will be an unavoidable consequence.
Important!
You may not be aware that your application may already have been processed
The Ministry has been insisting for almost a year now that they will send any formal communication concerning the application exclusively through the online application platform.
As a consequence, you may not receive any notification of a decision on your application by email, or through the Italian Consulate, or by registered mail.
It is crucial to access the online platform. Any communication on your application appears on said Ministry’s online platform and can be subject to a tight deadline for you to reply.
For example, if the Ministry regards your paperwork as insufficient, they will send a message on the online platform with a term of 10 days for you to reply. In case you do not reply, they will archive your application and invite you to start a new application, in case you have any further observations or documents to add.
Any As you probably know, access is currently granted via the new SPID system (Sistema Pubblico di Identità Digitale). If you do not have one, you will be required to make a new registration in order to link and access your existing application.
What you can do
It’s a fact that active applicants get decisions faster. Don’t accept to be put on a shelf: let your voice be heard! Express your mind and urge the office to respect your right to a timely and clear decision on your application.
If you applied for citizenship by marriage, please refer to my blog article Italian citizenship by marriage. How to cut the waiting time? for details.
From that page, you can also request the free form to send to the Italian administration and urge for a decision on your application.
For more information:
When in doubt, ask us. Contact us
Discover your real options. If you dispose of basic information on your Italian descent (your Itali-born ancestor’s date and place of birth, and the date and place of birth of each descendant) and possibly dispose already of family records, we can evaluate your actual options and devise the best strategy for you to obtain the Italian citizenship. Book a private consultation with me
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What do you think about this information?
What is your experience? Leave your comment below and I will return to you.
Hi Lara, thank you so much for sending me the Sollecito. Is there an email address in Rome to send to or do you suggest by registered post is best? I applied in 2017 so I am keen to get the letter to them. Look forward to hearing from you.
The most important addressee is the Italian Consulate or Embassy because they are the office in charge according to the law. But you can also reach the Ministry of the Interior in Rome. They won’t consider regular (e-)mails and are actually flooded by requests. My advice is to send them a Sollecito by registered mail or by registered e-mail (Posta elettronica certificata – PEC). Email addresses at this page.
Hi Lara,
I had my appointment in San Francisco, USA in April 2018 for citizenship by decent (My grandmother was Italian). I submitted all of my documentation during my appointment and I have not heard back. Six months after the appointment, I sent an email to the consulate and they replied saying that they are waiting for a document from the Consulate in Ecuador. (I was born in Ecuador but I live in the US now). After that, I sent a couple of more emails and did not receive any reply. It has now been 1.5 years and have not received any notification. My brother and my sister already got their citizenship in Ecuador last year and they already have their Italian passport.
I would like to know the status of my application but I don’t see any place were I can get it. Also, I am not sure exactly what type of notification I should be receiving, or if for some reason, it got lost on the mail. Is there a way to find out that my application has been processed?
Thanks for waiting for my reply during this very busy time at our office. You may consider that the Italian consulate in SF receives many more applications than the Italian authorities in Ecuador. So they have a considerable backlog and longer processing times. In order to check your application status, you should keep contacting the consulate directly but not just by email, rather by registered mail with a return receipt. You are welcome to request a consultation with me if you need our help. We may contact the Consulate by registered e-mail from our law office. That usually has the effect to unblock the situation.
Hi Lara,
I applied in May 2017 and presented my paper docs in June 2017.
I am still stuck on phase 1 (although the changes in the diciture over the last couple of years provided moments of excitement that my status had progressed, only to realise they just changed them!!).
I realise I am now subject to the 4 year wait, however I am wondering if at some point I will get asked for the language certificate (or get refused for not having one?). I have an Italian partner but we are not married, so I applied under the residency rules. I do speak Italian and my degree from the UK is in Modern Languages incl. Italian which I hope would suffice. I just want to be prepared.
Many thanks.
You will not be required to provide for a certificate of language proficiency. That is a requirement for applications lodged after December 3rd, 2018.
Many thanks Lara!
Very helpful information throughout! Thank you!
I am a British EU citizen. I applied for my citizenship in 2018/19, and been told that I have to take the Italian proficiency exam B1 in November as there were no places available earlier in the year. I heard a rumour that, as from October 1st this year, persons over 70 years of age are not required to take this exam? I have been a legal resident for 24 years.
Thank you
The language proficiency requirement applies to all citizenship applications by marriage submitted after December 4th, 2018 and not before. There is no age limit exempting from the requirement.
Hello Lara,
I have the similar case of waiting time. I have applied and recieved my K number on February 2017 in Turkey. I have finished nearly 3 year and I am still phase 1:
## Sono in corso verifiche istruttive sugli elementi acquisiti relativi a chiarimenti e integrazioni con altri uffici coinvolti nel procedimento.
– Consulta anche la sezione “comunicazioni”, dove possiamo esserci ulteriori informazioni ##
I know the 2 year waiting time rule has changed to 4 year on 4th of December 2018 , and it is affecting retroactively to all applicants even they have applied before the new role. Can I ask is this situation is legal according to main internal italian laws and and human rights and european union laws. If i could know 4 year waiting time and even they dont have obligation to decide on my application in 4 year, I couldnt spend time and money to apply italian citizen as I have already residing in europe germany with my wife. Is there any legal case to apply judge not to apply retroactively or can i ask to judge to get my all money back from italian consulate as the new role has changed against me and when i have apply it was not the law like that. Thank you
Unfortunately, the Italian law offers no effective and sure way to obtain the justice you are looking for. However, it’s a fact that active applicants get decisions faster. Don’t accept to be put on a shelf: let your voice be heard! Express your mind and urge the office to respect your right to a timely and clear decision on your application. Read here how to speed up the process: “Italian citizenship by marriage. How to cut the waiting time?”