Complete Legal Guide 2025–2026
Italian Citizenship Through Marriage — Jure Matrimonii
Complete guide to Italian citizenship by marriage in 2025–2026: eligibility, B1 language requirement, required documents, step-by-step process, timelines, costs, and the DDL 1450/2025 legislative risk.
- Practice Area:Italian Citizenship by Marriage
- Updated: 2027
- Audience:Italian Americans & Italian Canadians
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Introduction — An Independent Legal Pathway
Italian citizenship through marriage — jure matrimonii — is an independent legal pathway to Italian citizenship that requires no proof of Italian ancestry whatsoever. Marriage to an Italian citizen, or a registered civil union, establishes a distinct legal right from that of jure sanguinis — grounded in the family bond rather than the genealogical line.
The legal framework is governed by Articles 5 through 8 of Law No. 91 of February 5, 1992, with significant amendments introduced by Law 132/2018, which established the Italian language proficiency requirement, and Law 173/2020, which set the current processing timelines. Law 74/2025 did not alter the rules for citizenship by marriage — the Ministry of the Interior formally confirmed that the jure matrimonii pathway remains unchanged by the 2025 reform.
For Italian Americans and Italian Canadians who do not qualify under jure sanguinis, the marriage pathway is a serious alternative worth exploring. It is also fully compatible with a jure sanguinis application — couples may pursue both pathways simultaneously.
- Important legislative risk
Draft Law DDL S. 1450/2025 is currently pending before the Italian Senate. If passed in its current form, it could eliminate the marriage pathway entirely for applicants residing outside Italy. As of May 2026 it has not passed — but the risk is real and makes timing important for anyone who already qualifies.
Who Qualifies and When — The Basic Requirements
Marriage or Civil Union
The fundamental requirement is a valid marriage or civil union with an Italian citizen. Italy formally recognized same-sex civil unions in 2016 (Law 76/2016), and the same waiting periods and conditions apply to civil unions as to opposite-sex marriages.
Applicants Residing in Italy
Couples who are both legally resident in Italy face the shortest waiting period. After 2 years from the date of marriage, the foreign spouse may file the application. Residence must be continuous and lawful throughout that entire period.
Applicants Residing Outside Italy
For couples based in the United States, Canada or elsewhere, the threshold is 3 years from the date of marriage or civil union.
The Children Discount
If the spouses have biological or legally adopted children together, the waiting periods are reduced by half:
- Residing in Italy with children: 1 year
- Residing abroad with children: 18 months
Important Conditions for Overseas Applicants
Two additional non-negotiable requirements apply specifically to applicants residing outside Italy:
- AIRE registration: the Italian spouse must be enrolled in AIRE (Registry of Italian Citizens Residing Abroad).
- Marriage transcription in Italy: if the marriage took place abroad, it must be apostilled, translated into Italian and formally transcribed in the Italian civil registry before the application can proceed.
- Timing warning
Do not file the application the day before the two- or three-year threshold. The waiting period must have fully elapsed, and all documents must be valid at the same time when the application is submitted. Filing too early leads to automatic rejection.
The Marriage Must Remain Valid
The marriage must remain legally valid from the date of filing until the final ministerial decree is issued. Divorce, legal separation or annulment during the process automatically terminates the application.
Death of the Italian Spouse During the Process
If the Italian spouse dies after the application has already been officially submitted, the procedure does not automatically terminate and may continue to its conclusion, provided all eligibility requirements were met at the time of filing.
The Italian Language Requirement — B1 Level
The Legal Framework
Since December 4, 2018, when Law 132/2018 came into force, every foreign spouse applying for Italian citizenship is required to demonstrate working knowledge of the Italian language at B1 level under the CEFR framework.
What B1 Means in Practice
B1 is the intermediate or threshold level. At this stage, the applicant is expected to understand the gist of everyday conversations, handle common situations such as travel, shopping or medical appointments, and write about familiar topics in Italian. Native-level fluency is not required — independent functioning is.
Accepted B1 Certificates
Only certificates issued by institutions formally recognized by the Italian Ministry of Education (MIUR) or the Ministry of Foreign Affairs (MAECI) are accepted. Certificates from unaccredited schools or online platforms will be rejected.
CILS
University for Foreigners of Siena
CELI
University for Foreigners of Perugia
PLIDA
Società Dante Alighieri
CERT.IT / ele.IT
Roma Tre University
- Practical timing note
Exam sessions are usually held five to six times per year, and results often take around 40 business days. This timing matters because the criminal record certificate is valid for only 6 months, so the B1 result and the rest of the dossier should be planned together.
Exemptions from the B1 Requirement
Following a Constitutional Court ruling of March 2025, certain categories may be exempt from the B1 requirement where language acquisition is objectively impossible or already legally satisfied:
- Holders of an EU Long-Term Residence Permit issued in Italy
- Individuals who signed the Integration Agreement under Article 4-bis of the Consolidated Immigration Act
- Persons with certified severe cognitive or physical disabilities that genuinely prevent language acquisition
- Persons of advanced age for whom language acquisition is objectively impossible, with formal public health documentation
Required Documents
Assembling the documentation is typically the most time-consuming and delicate phase of the process. Every foreign document must bear an apostille and be accompanied by a certified Italian translation.
| Document | What is required |
|---|---|
| Long-Form Birth Certificate | Must show the parents’ names. Requires apostille and certified Italian translation. No expiry date. |
| Criminal Record Certificate | Required from the country of origin and from every country in which the applicant has resided since age 14. For US nationals, an FBI background check is required. Must be apostilled and translated into Italian. Valid for 6 months only from the date of issue. |
| Marriage Extract (Estratto per riassunto) | Issued by the Italian Comune where the marriage was registered. Valid as a general rule for 6 months. |
| B1 Italian Language Certificate | Original certificate from a recognized institution. No expiry date. |
| Government Fee Receipt | €250 payable via PagoPA to the Ministry of the Interior, plus a €16 revenue stamp (marca da bollo) — total €266. |
| Valid Passports and Identity Documents | The applicant’s passport and the Italian spouse’s identity document must both be current and valid at the time of submission. |
| Proof of Residence | Permesso di Soggiorno if residing in Italy, or the Italian spouse’s AIRE certificate if residing abroad. |
Common Practical Problems
Name inconsistencies across documents
Even minor variations in names, surnames or dates of birth across the passport, birth certificate and marriage certificate can cause the application to be suspended until corrected. Italian authorities expect consistency across every document.
Criminal record expiry
One of the most common issues. If the criminal record certificate expires, resubmission may be required. Timing the background check alongside the B1 certificate and the rest of the dossier is critical.
Applying too early
Filing before the 2-year / 3-year threshold has fully elapsed results in automatic rejection. The time requirement must have clearly passed before submission.
Incomplete apostilles or translations
A missing apostille or an uncertified translation can prevent the dossier from being accepted at the initial review stage.
Failure to register the marriage in Italy
This is one of the most overlooked steps for couples who married abroad. Without Italian transcription of the marriage, the application cannot proceed properly.
Step-by-Step Application Process
01
Obtain a SPID Digital Identity (Italy-based applicants)
Applicants residing in Italy generally require a SPID account to access the government portal. Applicants abroad use their consulate’s own registration system or credentials.
02
Submit via the ALI Portal
The application is submitted online through the Ministry of the Interior’s ALI portal. The applicant enters personal details, residential history from age 14 onward, family information, and uploads high-resolution scans of all apostilled and translated documents.
03
In-Person Verification
After the digital dossier is processed, the applicant is called to present the original documents in person. In Italy this occurs at the Prefettura; abroad it takes place at the competent Italian consulate.
04
Oath of Allegiance
Once the citizenship decree is issued, the applicant has exactly 6 months to appear at the Comune or consulate and take the Oath of Allegiance. The day after the oath, the applicant becomes an Italian citizen and may apply for an Italian passport.
Costs and Timelines
Application Cost
The fixed government fee is €250, plus a €16 revenue stamp (marca da bollo) — total €266, payable via PagoPA.
Processing Time
Under Law 173/2020, the Ministry has a standard statutory deadline of 24 months, extendable in complex cases up to a maximum of 36 months. The clock starts when the complete application is officially registered.
DDL 1450/2025 — The Legislative Risk You Need to Know
Draft Law DDL S. 1450/2025 was presented to the Italian Senate on April 8, 2025 and assigned to the Senate’s 1st Permanent Commission on April 23, 2025. It proposes significant amendments to Italian citizenship law affecting both citizenship by marriage and citizenship by descent.
For the marriage pathway, the most significant proposed change is the introduction of a mandatory period of physical residence in Italy before filing an application — even for spouses who have already been married for many years. The draft also proposes extending the review period beyond the current 36-month maximum.
- As of May 2026
The bill has not been passed. But if you currently qualify and have been hesitating, the practical message is clear: there is a real risk that the legal window may narrow or close for applicants residing abroad. Beginning the process now is strongly advisable.
Why You Need Legal Support
Italian citizenship by marriage rewards preparation and punishes shortcuts. Between language certification, apostilled documents, strict expiry windows and the risk of legislative change, every part of the process must be managed with precision and strategic timing.
The bureaucracy is substantial and the wait is long — 24 to 36 months of processing after what may already be years of marriage. But for those who navigate the process correctly, the result is an Italian passport, full EU citizenship rights, and a permanent legal bond with Italy.
E. Chatzidimitriou LLC handles the entire process — from eligibility assessment, document collection and timing coordination of the B1 exam and criminal record certificates, through digital submission via the ALI portal, monitoring of the application and completion of the Oath of Allegiance.
- Strategic advantage
The strongest applications are not just “complete.” They are timed correctly, internally consistent, and prepared with the consular or prefectural review process in mind from the start.
Need Help With Italian Citizenship by Marriage?
If you want to confirm eligibility, plan the B1 exam and document timing correctly, and file a clean application without avoidable delays, we can manage the process from assessment to oath.
