Sample E-mail Consultation

What to expect

Question about Residency:

I’m in the process of getting Italian citizenship through my great-grandfather who left Italy in 1921. I have an Italian partner who is living in Italy. We plan to marry in the next month. How can I move to Italy as his wife while the dual citizenship is being processed? I am from Canada.

Gladys

Answer:

Hello, Gladys,

Thank you for reaching out, and congratulations on your upcoming wedding!

You can indeed move to Italy as the spouse of an Italian citizen. To make the process smoother, the first step is to ensure your marriage is officially registered with the Italian authorities.

Hello, Gladys,

Thank you for reaching out, and congratulations on your upcoming wedding!

You can indeed move to Italy as the spouse of an Italian citizen. To make the process smoother, the first step is to ensure your marriage is officially registered with the Italian authorities. If you marry outside of Italy, you'll need a full-form marriage certificate, which contains all relevant personal details of the spouses and the ceremony, including information about parents, witnesses, previous marriages (if any), and the officiant.

Your spouse should take this marriage certificate to the local municipality in Italy, specifically to the "Servizio Demografico" office, to register the marriage as soon as possible. Completing this step promptly will significantly simplify the process of obtaining residency once you arrive in Italy.

As a Canadian passport holder, you won’t need a visa to enter Italy. However, you’ll need to register with the local immigration police ("Questura") soon after your arrival. You will then apply for a 5-year residence card called Permesso di soggiorno per familiare di cittadino italiano – FAMIT. the reference in the law is Article 23 of Legislative Decree of 6 february 2007 no. 30.

Each immigration police office in every province has slightly different procedures and requirements for this application. Typically, family members of Italian citizens need to book an appointment by directly calling the relevant office, as mailing applications is generally reserved for other non-EU citizens.

I’ve attached a list of the usual documents needed for this procedure, based on successful applications by clients across various regions in Italy. You’ll also find the official forms your spouse will need to sign as your sponsor.

Once you have a receipt confirming your application, you’ll be entitled to enroll in the national healthcare system (SSN) and receive a health card (Tessera Sanitaria), giving you the same access to healthcare as Italian citizens. This enrollment is done at your local ASL (Azienda Sanitaria Locale).

Please note that delays in issuing the residence card are not uncommon. However, as the spouse of an Italian citizen, you have the right to obtain your 5-year permit free of charge and within a maximum of 90 days.

Once you receive your residence permit, you’ll return to the Servizio Demografico at your local municipality. They will then add you to the same family file as your spouse and issue you an Italian national ID card.

With this, you’ll be fully set to exercise your rights and access all local and national services. Wishing you all the best for your new life in Italy!

Lara Olivetti

Included Attachments:

FORM: Residence Permit Application for spouse of Italian citizen

List of documents to apply for a visa for family of Italian citizens

FORM: Statement of hospitality (Dichiarazione di ospitalità e mantenimento, signed by the Italian citizen)

FORM: Statement of common residency (Dichiarazione di residenza e stato di famiglia, signed by the Italian citizen), FORM available at this link.

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Question about AIRE Registration Delay:

Dear Lara,

I am reaching out because I’ve encountered an obstacle with my AIRE registration and was wondering if you could offer any guidance.

After completing my citizenship oath a few months ago, my citizenship file was transmitted to the local comune for AIRE registration.

Answer:

Dear Ann-Marie,

First, let me extend my congratulations on reaching the significant milestone of your oath ceremony! This marks an important step in your citizenship process, and I’m glad to see you’re progressing.

Now, regarding the situation with your registration with the official Registrar of Italians residing Abroad (AIRE): It’s entirely understandable to feel concerned given the delays you’re encountering. Typically, AIRE registration takes about a month, but as you’ve experienced, delays can occur. Let me provide some insights and practical advice that could help you move forward.

Dear Ann-Marie,

While local municipalities often view the legal deadline for AIRE registration as 180 days, this timeframe actually applies to the entire process, including the consulate’s notification to the Ministry of the Interior, according to Article 6 of AIRE Law no. 470 of 1988. The registration at the Comune is just one phase of this broader administrative procedure.

More importantly, the law governing administrative procedures in Italy, Law no. 241 of 1990, stipulates that each administrative step should typically be completed within 30 days, extendable to 90 days for more complex cases, unless a specific regulation allows for a longer deadline. In the case of AIRE registration at local municipalities, no such special regulation seems to apply. Therefore, the general deadlines should hold, and if there are delays, the office is obligated to provide specific reasons.

Should the delay persist, Italian law provides specific tools to protect your rights. You can begin by sending a formal letter, known as a Sollecito, to remind the office of their legal obligation to respect the deadlines under administrative law. If that doesn’t yield results, a Diffida ad adempiere can be sent as a second step, formally urging them to fulfill their duty. If these measures are still ineffective, you can escalate the matter to the local representative of the Ministry of the Interior—the Prefect—who is responsible for ensuring that municipalities comply with laws governing the Population Registers, including the AIRE. This step usually resolves the issue quickly, as the Prefect holds authority over these matters.

I understand that this might seem complex, but it’s crucial to know your rights and the options available to ensure that justice is done.

Given the realities of smaller local offices like the one in the municipality of _____________, which likely handles a significant workload, especially in a heavily populated area like Treviso with many emigrants, these delays are not uncommon. Factors like the European elections in June and the national holidays in July and August have likely slowed down operations further.

In the meantime, I recommend persistently following up with themunicipality's Anagrafe Office, reminding them of the situation and your rights in a polite but firm manner. Additionally, it might be wise to consider rescheduling your passport appointment with the Consulate in Chicago, given how challenging it is to secure these slots. Booking a backup date could be a prudent move, just in case your AIRE registration is not finalized in time.

I hope this information provides clarity and gives you a concrete path forward. Please feel free to reach out if you have any further questions or need additional assistance.

Best regards,

Lara