Italian citizenship: some clarifications in light of recent rulings

Feb 16, 2024

It is unlawful to deny Italian citizenship if the decree does not indicate the periods or years when the declared income of the applicant was insufficient.

• TAR Lazio, sez. V bis, July 3, 2023, no. 11128 (n. 436)
  It is unlawful to deny citizenship by residence for lack of income parameters without stating which periods or years the income declared by the applicant was insufficient.

The refusal of Italian citizenship for the Lebanese citizen who failed to produce the criminal record certificate related to the period she spent in Russia is legitimate.

• TAR Lazio, sez. I ter, July 18, 2023, no. 12132 (n. 437/438)
  It is lawful to deny citizenship by naturalization to the Lebanese citizen who did not produce a criminal record certificate for the period spent in Russia.
  
  Specifically, it is not sufficient to have produced a certification issued by the Russian Consulate in Italy attesting to the impossibility of issuing the criminal record certificate as it does not come from a Russian national.
  
  Likewise, no value can be attached to the statement made by the petitioner on the impossibility of traveling to Russia to obtain the criminal certificate for family reasons.

To obtain Italian citizenship by 10-years term residency, it is strictly necessary to demonstrate the fulfillment of the said term through the Italian certificate of residency (i.e., “Certificazione anagrafica”).

• TAR Lazio, section V bis, Sept. 18^th, 2023, order n. 13815
  The legal registration of Italian residency is verified through the Italian certificate of residency only, as the legal residence cannot be proven by conjectures nor by other means. Furthermore, the fulfillment of the term must persist in time until the Oath is finalized.  

Giuditta De Ricco

Attorney at law since 2006, specialized in real estate law, inheritance, citizenship and corporate law.

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