Curious about what the Salvini Decree has to say about Italian citizenship via marriage or residence? Read further.
Lots of people ask me about the new Salvini Decree. It is also known as the “Decreto Sicurezza” or the “Decreto Salvini.”
If you or your spouse is applying for Italian dual citizenship via marriage, this may be relevant to you. I have translated this text so you understand the Decree.
How to read this text
The Decreto Sicurezza amended several laws in Italy, among which the Italian Citizenship Act no. 91 of February 5th 1992. If you remember, this law is the “main regulation” regarding Italian citizenship.
This blog post shows the English translation of the official final text of the Decreto Sicurezza. Parliament approved the Decree on December 3rd, 2018.
This text is currently in force.
Here is the meaning of the tricky parts:
Italian citizenship pursuant to Articles 5 and 9: Italian citizenship by marriage
Integration agreement referred to in Article 4-bis of the Aliens Act, Legislative Decree no. 286 of July 25th 1998: an agreement which foreign workers sign upon starting their first residence in Italy after entering the country with a work visa.
Italian citizenship acquired according to Articles 4, paragraphs 2, 5 and 9: Italian citizenship by after residing in the territory of Italy for a certain amount of time.
Crimes under Article 407, paragraph 2, letter a), no. 4) of the Italian Code of Criminal Procedure: Crimes committed for the purpose of terrorism or subversion of the constitutional order, for which the law prescribes a term of imprisonment of not less than a minimum of five years or up to ten years.
Crimes under Articles 270-ter and 270-quinquies section 2:
- helping an organization for the purpose of terrorism or subversion of the constitutional order;
- organizing, financing or aiding transfers aimed at performing acts aimed at terrorism or subversion of the constitutional order.
Chapter III of the Decree contains the information you’ll need to know. If you or your spouse are applying via marriage, it’s important. Read below for the translation.
Provisions on citizenship
Provisions regarding the acquisition and revocation of citizenship
1. TLaw no. 91 of February 5th, 1992 is modified as follows:
a) Cancellation of Article 8, paragraph 2;
(a-bis) the following is inserted after Article 9:
“Art. 9.1. – 1. The granting of Italian citizenship pursuant to Articles 5 and 9 is subject to the possession, by the interested party, of adequate knowledge of the Italian language, not lower than the B1 level of the Common European Framework of Reference for Languages (CEFR). For this purpose, the applicants who have not signed the integration agreement referred to in Article 4-bis of the Aliens Act – Legislative Decree no. 286 of July 25th 1998, or those who do not hold an EU residence permit for long-term residents pursuant to Article 9 of the same Aliens Act, are required, at the time of submitting the application, to prove by a certificate that they have obtained a qualification issued by a public Italian educational institution or a private educational institution recognized by the Ministry of Education, University and Research and the Ministry of Foreign Affairs and International Cooperation or the Ministry of Education, University and Research, or to submit appropriate certification issued by a certifying body recognized by the Ministry of Education, University and Research and the Ministry of Foreign Affairs and International Cooperation or by the Ministry of Education, University and Research;”
b) in Article 9-bis, paragraph 2, the words “for an amount of 250 euros” replaces the words for an amount of 200 euros”;
c) the following is inserted after Article 9-bis: “Article 9-ter. – 1. The maximum handling time for applications according to Articles 5 and 9 is forty-eight months from the date of submission of the application.
2. Cancelled by Act of Law no. 132 of December 1st, 2018;”
d) the following is inserted after Article 10:
“Article 10-bis. – 1. Italian citizenship acquired according to Articles 4, paragraphs 2, 5 and 9, is revoked in the event of final conviction for the crimes under Article 407, paragraph 2, letter a), no. 4) of the Italian Code of Criminal Procedure, as well as for the crimes under Articles 270-ter and 270-quinquies section 2 of the same code. Citizenship is revoked within three years after conviction of the crimes as per the first period, by decree of the President of the Republic, on the proposal of the Minister of the Interior.”
2. The provisions of paragraph 1, letter c) apply to the citizenship applications in progress at the date of entry into force of this decree.