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Italian citizenship obtained by marriage: will you lose it if you divorce?

Italian citizenship obtained by marriage: will you lose it if you divorce?

Italian citizenship obtained by marriage: will you lose it if you divorce?

According to art. 5, Law February 5, 1992, n. 91, the spouse (a foreigner or stateless person) of an Italian citizen can acquire Italian citizenship through marriage, provided that after the marriage he/she legally resides in the territory of the Republic for at least two years, or after three years from the date of marriage if he/she resides abroad.

The above terms (two years and three years) are reduced by half in the presence of children born or adopted by the spouses.

In order to obtain Italian citizenship, at the time of the adoption of the citizenship decree (the official act that at the end of the process recognizes the status of Italian citizen), the marriage must not have been dissolved or terminated (i.e. by separation, divorce or annulment). n1

Should you divorce your Italian husband/wife after you obtain Italian citizenship, you will not lose your Italian citizenship for this reason.

Thus, it is very important that you do not divorce before you obtain the citizenship decree. Once you obtain it, you can lose your citizenship for several reasons (if, for example, you enlist in an army at war with Italy), but not due to a divorce.

Starting from 2015, it is possible to apply for citizenship directly online.

We suggest asking an Italian professional for assistance because it is not easy to understand the entire procedure and all the documents you need to submit. A minor error could result in a denial of your citizenship request.

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 n1 “Il coniuge, straniero o apolide, di cittadino italiano puo’ acquistare la cittadinanza italiana quando, dopo il matrimonio, risieda legalmente da almeno due anni nel territorio della Repubblica, oppure dopo tre anni dalla data del matrimonio se residente all’estero, qualora, al momento dell’adozione del decreto di cui all’articolo 7, comma 1, non sia intervenuto lo scioglimento, l’annullamento o la cessazione degli effetti civili del matrimonio e non sussista la separazione personale dei coniugi. 2. I termini di cui al comma 1 sono ridotti della meta’ in presenza di figli nati o adottati dai coniugi )).” (art. 5, Law February 5, 1992, n. 91).

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4 Comments
  1. I was born in South America and my Italian parents registered my birth in Italy. At age 5, they decided to go live in Italy – we were there for 7 years – then we migrated to Australia. Went to school and I then obtained a Government position for which I needed to be naturalised and I did this, reluctantly. I eventually married an italian citizen in Australia and I automatically obtained Italian Citizenship. I had both Italian and Aussie passports then and we travelled to Italy. We had 2 children and divorced 11 years later – just before the new law of 1983.

    Now I’m wanting to get Italian Passport and they’ve told me I’m no longer Italian Citizen since my divorce…..

  2. I would simply like to say thank you for your work so far in expediting my citizenship application. Your communication is excellent and the fees are completely reasonable. (if anything your should probably charge more) A knowledgeable local representative who can prod a little at the Italian bureaucracy is indispensable in this type of undertaking.

    Luke

    • David

      Luke,
      Thank you for your nice comment.

      We took good note of your suggestion 🙂

      We will get back to you as soon as we have news.

      Thank you,
      David.

  3. David did a great job answering my questions regarding citizenship for myself and my children in light of changing personal circumstances. I would use this service again if need be.

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