The Italian Constitutional Court with sentence no. 195/2022 published on July 26, 2022, declared the constitutional illegitimacy of the rule (art.5 of the law February 5, 1992, n.91) that prohibits the acquisition of citizenship by a foreign person who has contracted a regular marriage with an Italian citizen, but remained a widower during the process of acquiring citizenship.
Until now, in the event of the death of the applicant’s spouse during the proceedings, the application for Italian citizenship by marriage was declared unacceptable. Therefore, it can be said that this is a very important ruling, as it will allow the acquisition of Italian citizenship even in the event of the death of the applicant’s spouse during such a period.
The aforementioned reasoning also applies to civil unions.
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