Posted by on Sep 29, 2024 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES

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The Italian government is proposing to hold a Referendum to ask whether the law should be changed to reduce the period of 10 years continous and lawful residence, which is necessary for a non-EU national to be able to apply to become an Italian citizen.

The current period of 10 years continuous and lawful residence was fixed in 1992 (Art. 9 (1) (f) Legge 5 febbraio 1992, n. 91). The Referendum will decide whether this period should be reduced to 5 years, as it was prior to 1992, which is the requirement in most other EU countries.

A petition to hold a Referendum to change the law was signed by more than 500.000 signatories in early September 2024, an initiative promoted by the party Più Europa. The question which would be put to the Italian people is:

«Volete voi abrogare l’art. 9, comma 1, lettera b), limitatamente alle parole “adottato da cittadino italiano” e “successivamente alla adozione”; nonche’ la lettera f), recante la seguente disposizione: “f) allo straniero che risiede legalmente da almeno dieci anni nel territorio della Repubblica.”, della legge 5 febbraio 1992, n. 91, recante nuove norme sulla cittadinanza”?».

Before a date can be fixed for the Referendum however, both the Constitutional Court and the Supreme Court need to pronounce an opinion on admissability, expected in February 2025. The Referendum could be then be held between April and June 2025.

The government estimates that approximately 2,5 million non-EU citizens resident in Italy (including minor children living with persons applying for Italian Citizenship) could benefit from the change in the law. All the other existing pre-conditions will still apply before an application for Italian citizenship can be made, including the need for a certificate of Italian language at B1 level, the requirement to prove an income above the legal minimum together with proof of filing of a tax return unless exempt, and lack of criminal record in Italy or in any country of previous residence.  An application for Italian citizenship is any case at the discretion of the Italian State when based on the length of residence.