Those who apply for citizenship by marriage or civil partnership must be acquainted with the duties towards the Italian Republic, first among them adherence to the national values and irreproachable conduct.
The acquisition of Italian citizenship by marriage by a foreign national or stateless person who married an Italian national on or after 27th April 1983 is currently governed by Law no. 91 of 5th February 1992 (articles 5,6, 7 and 8) and subsequent amendments.
Italian citizenship applications may also be submitted by a foreign national who has entered into a civil partnership with an Italian national. The civil partnership must have been registered in the Registers of Civil Status of the Italian “Comune” – Town Hall – (Legislative Decrees 5,6,and 7/2017).
The foreign spouse/civil partner can acquire Italian citizenship upon request provided they satisfy the legal requirements, as outlined below.
Relevant legislation:
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- Law no. 123 of 21st April 1983
- Law no. 91 of 5th February 1992 and DPR no.572/1993 and 362/1994
- Law no. 94/2009
- Law no. 76/2016 and Legislative decrees no. 5, 6 and 7 of 19th January 2017
- Decree Law no. 113 of 4th October 2018 (so-called “Safety Decree”) converted by Law no. 132 of 1st December 2018
- Decree Law no. 130 of 21st October 2020, converted by Law no. 173 of 18th December 2020
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- Residence in the consular district:
- The applicant will have to submit their application to the diplomatic/consular mission covering the area of their long term residence. The application can only be made online (see Section 4, Procedure, Step 1 – Registration, below.
- Before uploading documents and submitting the application on the online portal, applicants must email this Consular Office at consolare.kualalumpur@esteri.it to schedule an appointment for the verification of the original documents and the payment of applicable consular fees. The applicant must come with their spouse.
- The Italian spouse/civil partner must be resident and legally registered in the A.I.R.E. (Anagrafe degli Italiani Residenti all’Estero – Register of Italians residing abroad) of the relevant consular district and cohabiting at the same address of the citizenship applicant. Conversely, both partners will need to provide documentation proving the reason (e.g. work, children’s schooling, medical care or other) justifying the need for separate domicile.
- Submission date: the application can be submitted three years after the marriage/civil partnership if the spouse is an Italian national iure sanguinis (i.e. from birth). If the spouse acquired Italian citizenship after the marriage (e.g. by residence in Italy) then the three years start from the date of naturalisation of the spouse. The three years are reduced to one and a half years in case that there are children under 18 born or adopted by the spouse.
- Registration of the marriage/civil partnership:
- If it occurred abroad, it must have been registered at the “comune” (town hall) in Italy.
- Validity of the marriage/civil partnership and stability of the marriage/civil partnership until the decree granting citizenship has been finalised. For the purposes of granting Italian citizenship, at the date of adoption of the decree no dissolution, annulment or termination of the civil effects of the marriage/civil partnership (legal separation, divorce) must have occurred. The death of the spouse after the submission of the citizenship application does not result in the loss of the right.
- Criminal Record
- Absence of convicting sentences by the Italian judicial authorities for offences that carry a sentence of more than three years’ imprisonment.
- Absence of convictions by the foreign judicial authorities that carry a sentence of more than one year for non-political offences.
- Absence of convictions for offences against the State.
- Absence of impediments for the security of the Italian Republic.
- Knowledge of the Italian language at least at B1 level of the Common European Reference Framework.
- Payment of taxes and fees listed in the Documents and fees section.
- Residence in the consular district:
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- Original Full birth certificate or equivalent: possibly issued no more than six months by the country in which the applicant was born, which must include all the personal details (including father’s and mother’s details), duly legalised/apostilled and translated into Italian. The Italian translation must be certified by the Italian Consulate/Embassy in the country where the certificate was issued OR legalised with Apostille.
- Malaysian birth certificate:
- Step 1: Obtain Extract/Cabutan birth certificate from the National Registry Department (JPN)
- Step 2: Attestation at the Malaysian Ministry of Foreign Affairs (Wisma Putra)
- Step 3: Italian translation including the stamp of Wisma Putra
- Step 4: Legalization by this Embassy and certification of the translation.
- Malaysian birth certificate:
- Original Full birth certificate or equivalent: possibly issued no more than six months by the country in which the applicant was born, which must include all the personal details (including father’s and mother’s details), duly legalised/apostilled and translated into Italian. The Italian translation must be certified by the Italian Consulate/Embassy in the country where the certificate was issued OR legalised with Apostille.
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- Original Criminal Record of the country of origin and any third countries of residence (from the age of 14) – except Italy – and of the countries of which the applicant is a citizen, issued absolutely no more than six months prior to the application date, duly legalised/apostilled and translated into Italian. The Italian translation must be certified by the Italian Consulate/Embassy in the country where the certificate was issued OR legalised with Apostille.
- Malaysian certificate of good conduct:
- Step 1: Apply online via the website of the Malaysian Ministry of Foreign Affairs (Wisma Putra)
- Step 2: Italian translation
- Step 3: Legalization by this Embassy and certificate of the translation.
- Malaysian certificate of good conduct:
- Original Criminal Record of the country of origin and any third countries of residence (from the age of 14) – except Italy – and of the countries of which the applicant is a citizen, issued absolutely no more than six months prior to the application date, duly legalised/apostilled and translated into Italian. The Italian translation must be certified by the Italian Consulate/Embassy in the country where the certificate was issued OR legalised with Apostille.
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- Payment receipt of Euro 250.00 to the Ministero dell’Interno (Ministry of the Interior) and of the stamp duty of 16 Euros, in the ways specified in the “Fees” section
- Identity document of applicant and spouse: photocopy of valid passport (pages with personal details, photo, date of issue and expiry date).
- Valid Malaysian residence permit/visa.
- Copy of the full marriage certificate or “estratto per riassunto del registro dei matrimoni” (extract of marriage certificate), to be requested from the relevant Italian “comune” (town hall) in which it is registered, issued no more than the six months prior to the application date.
PLEASE NOTE: If the applicant is an EU national, they may submit a self-certification according to Presidential Decree 445/2000). - Certificate of knowledge of the Italian language at least at B1 level of the Common European Reference Framework (QCER). The certification must be from one of the following:
- PLIDA from Società Dante Alighieri
- Certit from the Università Roma Tre
- CILS from the Università per Stranieri di Siena
- CELI from the Università per Stranieri di Perugia
- CE.Co.L from the Università per Stranieri di Reggio Calabria
Other certifications issued by these organizations or by others are not accepted.
The following categories are not required to submit the certificate of Italian language knowledge:
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- Foreign nationals (even though they are resident abroad) who have signed the “integration agreement” as per art. 4 bis of Legislative Decree no. 286/1998 Testo Unico Immigrazione (Immigration Consolidated Law).
- Holders of EU (or EC) residence permit for long-term residents as per art. 9 of the above Consolidated Law (even if they are resident abroad), but only if it is issued by the Italian authorities. Residence permits issued for family reasons or those issued by other states are not suitable.
- Whoever has received a title of studies from a public education institute, or equivalent recognized by the Italian Ministero dell’Istruzione, dell’Università e della Ricerca and/or by the Ministero degli Affari Esteri e della C.I.
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- PROCEDURE
STEP 1 – REGISTRATION AND SUBMISSION
The applicant living abroad must register on the portal of the Ministry of the Interior (https://portaleservizi.dlci.interno.it/AliCittadinanza/ali/home.htm) using their email address and not using SPID.
Before uploading documents and submitting the application on the online portal, applicants must email this Consular Office at consolare.kualalumpur@esteri.it to schedule an appointment for the verification of the original documents and the payment of applicable consular fees. The applicant must come with their spouse.
Please note that the email address declared on the portal when submitting the online application is considered to be the chosen contact address (art. 47 of Civil Code). It is therefore necessary that the applicant checks their email regularly, because all communications relating to their citizenship application, including requests for additional documents, appointments, notification of documents etc., will ONLY be sent electronically.
The applicant is obliged to register his data with the utmost care as this cannot be modified afterwards. In the case of error, a new registration with another e-mail address must be carried out. In particular, it will be necessary to report the details indicated in the birth certificate (including any annotations) and/or in acts and documents created abroad by the responsible foreign authorities (such as marriage certificates, identity documents, judgments of name/surname change, etc.). In the event of discrepancies, the applicant must provide appropriate supporting documentation.
Please provide either a birth certificates correctly annotated to show any change of name or surname, or a foreign marriage certificate correctly annotated to show any change of name or surname, duly legalized and translated into Italian. Alternatively, produce a declaration showing the exact details, issued in Italy by a consular authority of the country of citizenship, and legalized by the appropriate Italian Prefecture;
The application must declare any cohabitation with the applicant’s children under 18 years old arising from a previous relationship.
Under the section “DECLARATION OF RESIDENCE” (Residences in Italy and/or in the Country of Origin and/or in any other Country, different from the current one), please insert all your previous addresses, in chronological order with no gaps, from the age of 14 (years old) to the last residence before the current address. The current residence/address must not be declared here but in the section “Residence details of the applicant” instead.
No special characters or signs should be used (e.g. cedilla, acute or grave accents within the word, circumflex accents, etc.). It is possible to insert just an accent on the last letter by using an apostrophe, if it is also present in the source language.
The Consular Office will be automatically informed that the application has been submitted and will carry out the necessary checks. The applicant will then receive a message through the portal of the Ministry of the Interior informing them that the application has been accepted or specifying the reason for it being unacceptable.
If the application is refused, then it can be resubmitted, making certain to fix all the errors indicated in the refusal. There is no additional charge so long as the application is resubmitted within a year.
If the application is accepted, the applicant will be invited via the portal to the Diplomatic/Consular mission to have the signature that appears on the citizenship application authenticated, to submit all the ORIGINAL paper documentation, including those that have already been uploaded on the portal, to pay the consular fees due or to check they have been paid. All the above original documentation will be kept by the Diplomatic/Consular mission, except for the passport and language certificate, for which a certified copy will be made and relevant fees collected.
STEP 3 – ASSESSMENT and TIME LIMITS OF THE PROCEDURE
The assessment of the application and completion of the procedure are the sole responsibility of the Ministry of the Interior. The time required is 24 months from the date of submission of the application – which can be extended to a maximum of 36 months. If, at the end of the assessment of the application, the procedure is completed successfully, the Ministry of the Interior will send the Italian Citizenship Decree to the Diplomatic/Consular mission covering the area of the long-term residence of the applicant.
STEP 4 – DECREE, NOTIFICATION AND OATH
The Italian Citizenship Decree will be notified through the portal by means of a communication sent to the email address specified by the applicant when they registered. At the time of the notification the Diplomatic/consular mission will request the documents set out in national law with a view to ascertaining whether the marital relationship still exists. These documents must bear a date later than the adoption date of the decree:
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- Atto integrale di matrimonio (full marriage certificate) issued by the Italian “Comune” (town hall).
- Criminal record certificate of the country of current residence, duly legalised and translated (see Documents section).
At the date of adoption of the decree, no dissolution, annulment or termination of the civil effects of the marriage/civil partnership or legal separation (separation judgment) must have occurred.
No later than six months from notification, the applicant will be invited to the Consular Office to swear an oath of allegiance to the Republic and its laws. The six-month period is mandatory, after which the applicant loses the right to receive the Italian Citizenship Decree.
A fee (stamp duty) must be paid for the decree.
The full marriage certificate must be requested from the Italian Comune (town hall) in where it is registered. The criminal record certificate is requested from the relevant authorities in the country of residence, and must be duly legalised/apostilled, and translated, as outlined in the “Documents” section. The applicant will swear an oath of allegiance by pronouncing the following words:“GIURO DI ESSERE FEDELE ALLA REPUBBLICA E DI OSSERVARE LA COSTITUZIONE E LE LEGGI DELLO STATO”. The effects of the oath, that is the acquisition of Italian citizenship, will commence the day after that of the oath.
The original birth certificate will be sent to the relevant Italian Comune (town hall) to be registered, together with an AIRE registration request and the statement of oath.
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- A fee of euro 250.00 must be paid to the Ministero dell’Interno, either paid using PagoPa during the compilation of the application, or by bank transfer to the following account with the payment receipt to be uploaded in the online application and any costs borne by the sender:
“Ministero dell’Interno D.L.C.I Cittadinanza”
Name of the Bank: Poste Italiane S.p.A.
IBAN code: IT54D0760103200000000809020
Reason for payment: Richiesta cittadinanza per matrimonio ex art. 5 L. 91/1992 + applicant’s name and surname
BIC/SWIFT Code of Poste Italiane: BPPIITRRXXX (for international bank transfers)
BIC/SWIFT Code: PIBPITRA (for transactions of the EUROGIRO system) - Stamp duty of Euro 16 to be paid either by PagoPa to the Agenzia delle Entrate during the compilation of the application, or the stamp duty sticker bought in Italy, or by bank transfer to the following Banca d’Italia account, with any costs borne by the sender:
IBAN code: IT07Y0100003245348008120501 - Articles of the consular fee schedule to apply (payable in cash – Ringgit Malaysia):
- Authentication of signature on the application: art. 24 – 14,00 euro
- Duty stamp on the application: art. N/A
- Certified copy of valid Identity document: art. 71 (Should the document not be in Latin characters you also need to submit a translation art. 72A) – 10,00 euro and 13,00 euro
- Certified copy of the current valid Malaysian residence permit/visa: art 71 – 10,00 euro
- Certified copy of the language certification: art. 71 – 10,00 euro
- Legalization and certification of the translation of Malaysian birth certificate: art. 07 and art. 72A – 11,00 euro and 13,00 euro
- Legalization and certification of the translation of Malaysian certificate of good conduct complies with its original: art.69 and art. 72A – 24,00 euro and 13,00 euro
- Duty stamp on the citizenship decree: art N/A
- A fee of euro 250.00 must be paid to the Ministero dell’Interno, either paid using PagoPa during the compilation of the application, or by bank transfer to the following account with the payment receipt to be uploaded in the online application and any costs borne by the sender:
SEND YOUR APPLICATION TO THE MINISTRY OF THE INTERIOR
WEBSITE OF THE MINISTRY OF FOREIGN AFFAIRS