Recognition of citizenship by marriage in Italy. The Salvini Decree

The non-EU citizen married to an Italian citizen who has started a citizenship practice and who was not answered within 2 years from the forwarding of the application for recognition, has the right to the citizenship Decree.

However, the new Salvini Decree on Security extends the dates for the preliminary investigation to define the process of recognition of citizenship by marriage, from 24 to 48 months. The doubling of the terms also affects the investigation procedures “in progress”, despite the law expressly provides that the procedures are those not defined in the October 5, 2018 (date of entry into force of Salvini Decree).

The Public Administration, on the other hand, extended the dates by unexpectedly reopening the preliminary investigation, including the procedures already concluded on October 5th. The experience has directly occurred at the Damiani&Damiani Law Firm, which has been dealing with immigration law and appeals for a long time to get the citizenship decree.

In fact, two procedures dealt with and concluded on September 19, 2018, have now been relegated to the preliminary phase. Pratically, the Government has already extended the restrictive aspects of the rules in cases not covered by the Salvini Decree.

The team of Lawyers of the international law firm Damiani & Damiani is experienced in appeals for the recognition of citizenship by marriage

Here is how to get the decree of recognition of citizenship by marriage whit the Salvini Decree

The principle applied for getting the decree recognizing citizenship acts directly against the Public Administration, because after the 2 years from the forwarding of the request, its right to reject the request lapses.

In these cases, to get the decree for the recognition of citizenship it is necessary to act quickly with the appeal to the ordinary court. The ordinary court must recognize the decadence of P. A. and, therefore, grants citizenship.

Therefore, for the cases of recognition procedures of the citizenship by marriage already defined on October 05 2018, the ordinary court can immediately be appealed to obtain the decree denied.

The alternative is to have to wait two years longer without being sure to get the citizenship.

The procedure before the ordinary court, however, allows to cancel the deliberately dilatory effect of the new rule of the Interior Minister Salvini, and to get the citizenship within 6/12 months.