Posted by Charlotte Oliver on Aug 19, 2016 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES
Facing the possibile loss of European citizenship in the future as the UK discusses the withdrawal from membership of the EU, many British nationals are looking at the prospect of dual nationality with their state of residence. In Germany offers have even been made publicly since the Brexit Referendum to change the law to allow fast-track applications from British nationals living there, to end possible years of uncertainty over residence rights.
Any EU national resident in Italy for at least 4 years is entitled to apply for Italian citizenship, according to this legislation (follow link to the Foreign Office website): Law of 5th February 1992 n. 91 (Article 9.1 (d).
A grant of Italian citizenship will pass automatically to any children of the applicant, who live with him or her at the time – children over the age of 18 would have the right to renounce if they already hold another nationality.
Applications for citizenship can now be made on line via the website of the Home Office (Ministero dell’Interno).
The applicant needs to show that they have received a personal income in the last three tax years prior to the date of the application of at least Euro 8.263,31. An applicant with family members would need to show evidence of income of Euro 11.362,05 to include the spouse and Euro 516,46 for each dependant child. The rules on income requirements, and the definition of dependant family members are set out in the Home Office Circular (Ministero del Interno) K. 60.1 del 05/01/2007.
The circular referred to above contains the interpretation and practical guidelines used for considering an application based on residence, which is discretionary.
The guidelines state that factors to be taken into account are “the applicant’s family and social life, the time spent and quality of their period of residence in Italy, and also the sincerity of the wish to become Italian”. The decision to reject an application for nationality can be challenged in the administrative courts, the TAR, the Consiglio di Stato and finally in the Corte di Cassazione.
Please contact us (legal@oliverpartners.it) for further information regarding recent caselaw on citizenship, for assistance with an application or for a copy of our brochure listing the documentation required in support of the application.
