How to obtain Italian residence permit by marriage

Obtaining a residence permit (residence permit) in Italy is an important step on the way to find stability and a full-fledged life in this wonderful country. This issue is especially relevant for those who marry an Italian citizen or citizeness. However, despite the apparent simplicity of the process, registration of residence permit by marriage has its own peculiarities and nuances, which are important to take into account. In this article we will consider in detail all the stages and requirements that will help you without unnecessary difficulties to get the cherished document and start a new life under the Italian sun.

All about the procedure of marriage in Italy

The conclusion of marriage in Italy is regulated by the provisions of the Civil Code (Codice civile, CC), in particular, Section VI. Marriage in Italy is the voluntary union of two persons who meet the legal requirements and have officially registered their relationship in the prescribed manner. According to Articles 84-92 of the CC, the following conditions must be met for marriage to take place:

• Reaching the age of marriage;
• Absence of close kinship or adoption between the partners;
• Legal capacity;
• Absence of other valid marital unions.

In addition, prior publication of information about the forthcoming marriage is a mandatory step. According to Articles 93 and 96 of the CC, the future spouses must submit a request for publication to the municipality at least four days before the ceremony. The announcement includes the names, dates of birth, places of residence and occupations of both partners. This information is published on the municipal website of the place of residence of each of them. The civil marriage ceremony itself is performed by the registrar of civil status, who works in each municipality. This function may be performed by the mayor, his deputy, an authorized person or a secretary.

Joint and separate property

In Italy, there are two main modes of ownership of property in marriage: joint and separate. The couple must decide on the choice of the regime at the stage of the marriage application. If the spouses do not make any choice, the default mode is joint ownership. This means:

• Real estate and property owned by each spouse before the marriage remains in their personal ownership;
• All movable and immovable property acquired during the marriage is considered joint property and is divided equally;
• Gifts belong exclusively to the person who received them;
• Inheritance is considered the personal property of the spouse to whom it was given;
• Accident compensation or disability pensions belong exclusively to the one who receives them;
• Clothing, shoes, and jewelry remain personal property.

The separate property regime means that real estate and other assets that spouses had before the marriage or acquired during the marriage remain in their individual ownership. While this choice may seem less romantic, in practice it can offer significant advantages, especially if the marriage is between wealthy individuals.

Documents required for marriage

To get married in Italy, the following documents will need to be prepared:

• ID card and a statement confirming free status and place of registration (for an Italian citizen);
• Foreign passport and birth certificate with translation and apostille (for a Russian citizen);
• Nulla Osta permit certificate.

What are the nuances

Persons who were previously married need to take into account some additional requirements. A divorce certificate alone is not enough to enter into a new union. For example, women cannot remarry until 300 days have passed since the dissolution of the previous marriage. Marriage before that time requires a prosecutor's authorization, which is based on a medical certificate that there is no pregnancy or proof that there has been no cohabitation with the former spouse within the last 300 days.

Similar rules apply in the case of the death of a spouse: if 300 days have not passed since his or her death, a new marriage requires not only a death certificate but also a prosecutor's authorization. Minors also need a special authorization to marry. Such authorization may be granted for certain reasons, as specified in Article 84 of the Civil Code, and the opinion of the parents and the prosecutor is taken into account.

Stages of obtaining a residence permit by marriage

The process of obtaining a residence permit (residence permit) in Italy by marriage begins with the submission of the necessary documents to the Questura. These include:

• Application for a residence permit;
• Marriage certificate;
• Residence information;
• A passport (for the foreign spouse);
• Italian citizen's identity card;
• Four photographs;
• A stamp stamp worth €16.

It is possible to apply for citizenship two years after marriage if the couple is registered and actually resides in Italy, or three years if the couple resides outside the country. In case of birth or adoption of a child, this period is halved. The application for citizenship is submitted exclusively online through the official website of the Italian Ministry of the Interior. The following scanned documents must be attached to the application:

• Birth certificate translated into Italian;
• A passport;
• Marriage certificate;
• Italian residence permit;
• Certificate of no criminal record;
• Certificate of Italian language proficiency at B1 level;
• Receipts for the payment of the administrative and stamp fees of €250 and €16 respectively.

After a positive decision, the prefecture sends a letter with the citizenship decree to the home address. Within six months of receiving the letter, you must report to the municipality to take the oath of citizenship.

Nulla Osta per matrimonio - certificate for marriage

One of the key requirements for marriage in Italy is that the marrying couple has no obligations in other countries. Therefore, for foreigners, the Nulla Osta per matrimonio certificate is a mandatory document that confirms that there are no obstacles to marriage.

Existing types of marriages in Italy

Formal ceremony

Before you start planning a civil marriage ceremony, you must fill out a standardized form and submit an announcement of the upcoming event. This announcement will be published the next day and must remain on the municipality's bulletin board or website for at least 8 days, including two Sundays. After the end of the publication period, the marriage can be registered within 180 days. According to Article 106 of the Italian Civil Code, the application for marriage must be filed in the same municipality where the announcement was posted.

The official ceremony in Italy is simple and takes about 20 minutes. According to Article 107 of the Civil Code, it takes place in the municipality building in the presence of witnesses and, if necessary, an interpreter. The registrar explains to the future spouses their obligations to live together and the rights established by the Civil Code. After mutual consent, exchange of rings and signatures in the registry, the marriage is considered to be concluded. The procedure is finalized by the issuance of a marriage certificate.

Civil Union

A civil union or cohabitation agreement is a document that allows couples living together to settle their property relations. Both heterosexual and same-sex couples can enter into such a contract. A civil union can also serve as a basis for obtaining an Italian residence permit. In order for the contract to be valid, both partners must be of legal age, not related, and have no other civil or ecclesiastical marriages.

The conclusion of a civil union must be public and in writing. The signatures of both parties are notarized, which confirms the legitimacy of the document. Within 10 days, the notary is obliged to transmit a copy of the contract to the municipality of the couple's place of residence, where it will be entered in the civil registry.

Fictitious marriage

Marriage is often used as a way to obtain residence permits and citizenship, which makes fictitious unions quite common in Italy. According to the authorities, up to 1,200 such cases are recorded annually. There are organized groups in the country that help foreigners to legalize in this way. The cost of such services varies from 4 to 10 thousand euros. Despite the threat of criminal prosecution and significant fines, many Italians continue to participate in such schemes. The standard penalty for sham marriage includes 12 months in prison and substantial fines.

Church marriage

Under Articles 82-83 of the Italian Civil Code, the state recognizes marriages performed in a church, which have the same legal effects as civil unions. A Catholic marriage is recognized on the basis of an agreement between the Italian government and the Vatican. Such a marriage is possible if at least one of the spouses is a parishioner of the Catholic Church. Preparation for the ceremony begins 2.5-3 months before the ceremony, and the couple is required to take preliminary courses. In addition to a certificate of completion of these courses, also required are:

• A baptismal certificate;
• A certificate confirming that the citizen has not previously entered into a religious marriage.

After submitting all the documents, the priest conducts a check for obstacles to marriage and talks to the couple. If the decision is favorable, he sends an application for the publication of the marriage to the municipality, at the same time posting information about the couple on the parish website. Persons who are aware of possible obstacles to marriage are obliged to inform the municipality. If no objections are received within 8 days of the posting, the ceremony may take place.

A church marriage is conducted according to the canons of the Catholic Church, where the spouses express their mutual consent and their duties and rights are voiced. The ceremony requires the presence of two witnesses. After the ceremony, the spouses receive a marriage certificate. In order for the marriage to be legally valid, the priest must submit a copy of the marriage certificate to the municipality within 4-5 days for registration in the civil registers. In addition to Catholic marriages, the state also recognizes marriages performed by priests of other denominations.

What happens in case of divorce - whether the residence permit will remain

The process of divorce in Italy has its own peculiarities, including a mandatory phase of separation, which is designed to try to reconcile and restore the family. During this period, called "separazione", the spouses can discuss living arrangements, the amount of alimony for children and/or spouse, as well as the division of joint property. If both parties agree, the separation period lasts for six months. If there is no agreement, this period is extended to 12 months, regardless of the presence or absence of children.

When the spouses reach a mutual agreement, they can contact an attorney to draw up an amicable agreement in writing, which will regulate the issues of alimony, property and other disputed points. After the signatures are certified, the attorney submits the agreement to the civil registry office within 10 days, as required by law. If one of the parties does not agree with the dissolution of the marriage, the division of property or the amount of alimony, a lawsuit is filed in court, and in such cases the process of divorce can be delayed for a long time.

The residence permit is not canceled during the period of separation, if the marriage was long. If a foreign mother becomes the guardian of a child, she retains the right to stay in the country until the child reaches the age of 18. However, if the marriage lasted less than three years and the couple has no children, the foreigner loses the right to stay in Italy and the residence permit is not renewed.

Marriage to an Italian gives the foreigner an automatic right to a residence permit. After two years of cohabitation in Italy, it is possible to apply for citizenship, which opens up significant opportunities for living in the country and the European Union.