Get to know Marriage Requirements for Civil Union for foreigners In Italy.
Besides Planners, we have been legal consultants for the Italian foreign offices! This experience allowed us to gain deep expertise in foreign affairs.
As you know Italy is a country where Civil Union between people between the same sex are allowed.
If you are wondering which are the marriage requirements for a civil partnership for your same-sex wedding in Italy, please note that foreign citizens wishing to perform a civil union in Italy may submit, at the time of application, a declaration from the competent authority of their country stating that, according to the legal system to which they belong, there are no impediments to the formation of the civil union (usually this document is the so-called nulla osta).
The declaration must be legalized in advance at the competent Italian Prefettura (please note that not any Prefettura can legalize your nulla osta).
If there are international conventions between Italy and your country of origin that establish there could be an exemption to the legalization of the Nulla Osta.
The document, in addition to the above statement, must contain the full details of the person concerned (first name, last name, place, date of birth, residence, and marital status).
How to have a same-sex wedding if the civil union is forbidden in my country of origin?
Thanks to a sentence of the Council of State, there are useful indications regarding the authorization in Italy for civil partnerships without the Nulla Osta if in your country of origin this type of union is forbidden.
Please note that in Italy any provisions of your country of origin that prohibit civil unions between persons of the same sex will not be considered by the Italian town hall and every Italian authority.
If the production of the nulla osta is precluded by your Consulate or your local authority in your country of origin because you want a civil partnership, the nulla osta that should be issued by your Consulate in Italy is replaced by a certificate of free marital status or other act that is in any case suitable for attesting to freedom of status.
Besides there is way out if you are not able to obtain a free marital status certificate because your country of origin doesn’t want to provide it for any reason.
The Revolution for same sex couple
According to the sentence of Council of State (Consiglio di Stato) expressed with the “parere n. 1352, del 21/07/2016” the parties of the union can just sign a self declaration according to Presidential Decree 445/2000 in which they states that there are no impediments between the two partners.
We can say that this is a real revolution for the civil union in Italy.
Please note that not all the town halls in Italy has recognized or have a proper knowledge of the above mentioned sentence of the Council of State, hence as your wedding planner in Italy with a deep expertise of the local Municipalities we will advise you on the best and easiest way to have your civil union celebrated in Italy.
When establishing the civil union, the parties may declare their choice of the property regime of separation of property or community of property.
In the absence of a declaration, the property regime of the union will be that of the community of property.
The partners of the civil union may decide to have a single surname common to both of them following the celebration of the civil partnership.
In fact, Italian law since 2016 allows the parties to indicate one of their surnames as the common surname of the civil union, which may be added to the surname of the other party.
This declaration must be made at the time of the establishment of the civil union and entails the annotation of the surname change in the birth certificate of the interested party (if Italian). As a result, their tax code will also be changed (if Italian).
How to register a same-sex marriages and civil unions celebrated abroad
The civil union acts between persons of the same sex, contracted abroad according to the regulations in force in the country where the act is formed, can be transcribed at the request of the interested parties in the Civil Unions Registry.
For transcription, the deed may be forwarded to the Civil Status Officer of the municipality of residence of the interested party through the Italian Diplomatic Authority in the formation of the act or delivered directly by the interested party himself.
The act must be translated and legalized according to current regulations and international conventions.
For those who have already contracted a ‘civil union or marriage between persons of the same sex, it is impossible to repeat the process of establishing the Civil Union in Italy.
Civil partnerships between persons of different sexes cannot be transcribed in the Registry.
How to get the Italian citizenship with a civil partnership in Italy
Since February 11, 2017, it is possible to submit applications to obtain Italian citizenship due to civil union, the so-called same-sex marriage.
In fact, along with Italian citizenship obtained as a result of marriage, with the new Italian law on civil unions, the acquisition of citizenship resulting from the same-sex civil union has also become effective.
Therefore, a foreign citizen can apply for citizenship after two years from celebrating the civil union if one resided in Italy for two consecutive years following the partnership.
Otherwise, if the party of the union or the spouse resides abroad, it will be possible to acquire Italian citizenship after 3 years following the civil union or the marriage.
Below we list all the requirements for applying for citizenship following civil union or marriage.
Spouses or parties to the union can apply for citizenship.
The following requirements are necessary to apply:
1) Legal, continuous and uninterrupted residence.
- 2 years of residence from the date of marriage;
- 3 years from the date of marriage, if resident abroad;
- 2 years from the date of the oath and date of marriage, in the case of a naturalized Italian spouse.
- The terms are reduced by half in the presence of children born to or adopted by the spouses.
2) Knowledge of the Italian language proven by one of the following qualifications
- A qualification issued by a public or peer educational institution recognized by the Ministry of Education, University and Research, and the Ministry of Foreign Affairs and International Cooperation, such as
- a Secondary School Diploma, Bachelor’s Degree;
- or an L2/B1 C.E.F.R. language level certification issued by a certifying body recognized by the Ministry of Education, University and Research, and the Ministry of Foreign Affairs and International Cooperation. The certifying bodies are: University for Foreigners of Perugia; University for Foreigners of Siena; University of Roma Tre; Dante Alighieri Society;
- or the integration agreement referred to in Article 4 bis of the Consolidated Act referred to in Legislative Decree 286/98 (the details of which must be indicated);
- or the valid residence permit for long-term residents – E.U. or E.C., referred to in Art. 9 of the Consolidated Act.
3 ) Marriage or civil union:
- if it was celebrated abroad, it must be transcribed in the civil status registers of the municipality of residence.
- At the time of submission of the application and until the adoption of the decree granting citizenship, the marriage or civil union bond must persist, so there must be no dissolution, annulment, termination of the civil effects of marriage, or legal separation.
A foreigner residing abroad applies to the competent Italian Consular Authority through the Ministry of the Interior portal.
The application is rejected, not only for lack of the requirements as mentioned earlier but also in case of serious reasons inherent to the security of the Republic and in case of final conviction of the applicant, pronounced in Italy or abroad, for the crimes referred to in Article 6 of Law 91/1992.
What documents are required to complete the online citizenship application?
- Legalized birth certificate with legalized translation (not required for those born in Italy). The certificate does not expire
- Criminal record certificate from the country of origin (and any third country of residence) legalized and with a legalized translation. The criminal certificate is valid for 6 months, starting from the date of issue
- Receipt of payment of the mandatory contribution of € 250.00 on the C/C No. 809020 made out to MINISTRY OF THE INTERIOR D.L.C.I. – CITIZENSHIP with the reason for payment: ” Citizenship – contribution referred to in Article 14 of Decree-Law No. 113 of October 4, 2018″;
- A revenue stamp of € 16.00
- Identification document: identity card and passport
- Residence permit: residence card or residence permit for non-EU citizens; residence certificate for E.U. citizens
- Title certifying knowledge of the Italian language
- Certificate of marriage or civil union from the foreign country where it was celebrated, with translation and legalization or consular declaration if the surname has changed as a result of the marriage
Who will be your Counselors and Planners?
Due to our experience in law firms and the foreign offices of the Italian public administration, we gained significant expertise in Consular affairs, and we are trained to solve the most complicated procedure such as:
1) Nulla osta process, legalization procedure, Court hearings for the refusal of the town hall when there documents missing , legal translation, apostille procedure, emergency procedure for legalization.
2) Same-sex couples that want to celebrate a civil union in Italy as in their country the union is forbidden;
3) Couples that come from countries where divorce is not allowed;
4) Italians living abroad registered at AIRE that need to recover their document to start the marriage banns in the Italian Consulate;
5) Assistance with people that come from countries that do not release the nulla osta;
7) People with refugee status who have requested asylum in Italy.