We begin this year with an explanation of another piece of the puzzle in your journey for Italian dual citizenship by descent.
Declaration of presence
Jigsaw Puzzle piece n. 2
Putting together a petition for Italian citizenship by descent is a challenging process. At the same time, it can be deeply rewarding. In building your family’s history – one document at a time – you will be discovering previously uncovered details along the way and likely learning about some of these documents for the first time. They will be crucial to your citizenship application. At With_Papers, we tend to think of them as the interlocking pieces of a jigsaw puzzle which will reveal a completed picture once assembled.
Jigsaw puzzle piece n. 2 or the Declaration of presence / Dichiarazione di presenza.
Italian dual citizenship through an Italian municipality
One path to Italian dual citizenship is applying from an Italian municipality. If you qualify for applying for Italian dual citizenship with a municipality – and arrive in Italy with a completed dossier – you will need to declare your presence and purpose in Italy within eight (8) days of arrival. This is where the declaration of presence or dichiarazione di presenza fits in.
Under Italian Law 91/92, an applicant may file an application for citizenship by descent to the consular authority (if the applicant resides abroad) or to an Italian municipality.
In the latter case, a dichiarazione di presenza (or declaration of presence) takes the place of a residency permit. As established by Italian Ministry of the Interior Circulars No. 32/2007 and No. 28/2002, the declaration of presence certifies legal entry into Italian territory by any applicant coming from outside the Schengen area (United States, Canada et. al.). The declaration is obtained by going to the local Italian police station (questura or carabinieri) within eight (8) days of arrival.
Procedure for filing the dichiarazione di presenza with the local competent authorities – Italian police (questura or carabinieri).
- Present a valid passport and an ETIAS permit (scheduled to come into force mid-2025).
- The applicant fills out a form that collects personal information, purpose (i.e. Italian dual citizenship petition) and the expected duration.
- The applicant is issued a receipt, certifying the regularity of her/his presence in Italy.
Citizenship Office at the Municipality or Comune
- (i) the dichiarazione di presenza;
- (ii) a valid passport; and
- (iii) the completed dossier for Italian dual citizenship.
The applicant must also have an address that can be given to the Citizenship Office as a residence. Note that hotels and b&b are not suitable to establish your residence.
The dichiarazione di presenza lasts for three months, same as the entry stamp or ESTIAS, lasts for three months. So if the dual citizenship process takes longer than ninety (90) days, you may need to apply for a residence permit based on your pending citizenship application. This is the permesso di soggiorno per attesa cittadinanza – and permits you to stay in Italy for more than 90 days.
Municipality applications in light of the Ministry of the Interior’s Circular of October 3, 2024
The recent Circular from the Italian Ministry of the Interior changed eligibility in applying for dual Italian citizenship jus sanguinis through an Italian municipality. Confirming the Italian Supreme Court’s recent interpretation, the Ministry has issued guidelines to municipalities directing them not to accept applications from descendants if their ancestor/head of the household naturalized in another country before her/his child reached the age of majority.
However, it is important to remember that this Circular is not legally binding, it only shapes administrative practice – and the courts remain the ultimate arbiters of how the law is applied.
Each case is unique, and depending on the specifics of one’s family history, there may be other viable ways to successfully claim Italian citizenship by descent. As such, seeking professional legal advice is more important than ever. Experts can help navigate the complexities, assess eligibility, and, if necessary, pursue legal action to challenge unfavorable administrative decisions.
If applying for Italian Dual Citizenship is on your 2025 wish list, With_Papers is here to help.
Our team of legal experts is here to help you navigate the process, assess your eligibility, and identify the best strategy for your specific circumstances. Reach out to With_Papers, and let us guide you through the process. We stay up-to-date with these evolving legal interpretations and are prepared to explore alternative avenues to help you obtain your Italian dual citizenship.
To learn more about becoming an Italian citizen and if it is the right path for you, call us at 917-310-2246 or fill out our contact form or schedule a consultation today.