Italian Citizenship By Marriage: The Risks Of Draft Law No. 1450/2025

Italian Citizenship by Marriage: Risks of Draft Law No. 1450. The new law could restrict Citizenship by marriage to residents of Italy. Discover why it is urgent to apply now.

The Draft Law No. 1450/2025, "Provisions on Citizenship", was presented to the Italian Senate on 8 April 2025 and introduces drastic amendments to the current Citizenship law (both by marriage and by descent).

Since its presentation, Draft Law No. 1450 has been looming over couples with different Citizenships and has sparked debate about Italian Citizenship by marriage.

The proposal, still under parliamentary discussion, introduces significant changes that could exclude many spouses of Italian citizens residing abroad from the right to facilitated naturalisation.

Those who currently meet the eligibility criteria should act without delay, because even though the bill has been pending in Parliament for months, if it were to be approved in its current form, thousands of Citizenship applications would no longer be admissible.

Current rules on Citizenship by Marriage

At present, under Article 5 of Law No. 91/1992, the following may apply for Italian Citizenship by marriage:

• The foreign spouse of an Italian citizen residing in Italy, after 2 years of marriage;
• The foreign spouse of an Italian citizen residing abroad, after 3 years of marriage.

In both cases, the required time is halved (1 year or 18 months) if there are common children, including adopted ones.

The application must be submitted online (through the Ministry of the Interior or the competent Consulate), and the process may take more than two years depending on the complexity of the documentation and verifications.

The main requirements, beyond the minimum marriage duration, are:

• Knowledge of the Italian language (B1 CEFR level);
• Absence of criminal records;
• Validity of the marriage and absence of ongoing separations.

So far, this framework has allowed many foreign spouses of Italian citizens residing abroad to aspire to Italian Citizenship while maintaining their residence abroad.

Recently, the Constitutional Court ruled that individuals with certified cognitive impairments or disabilities may be exempted from the language (B1) requirement, which also applies to Citizenship by marriage.

What Draft Law No. 1450/2025 provides

The new draft law, currently under review, aims to limit access to Citizenship by marriage exclusively to those residing in Italy.

In practice, it would eliminate the possibility for spouses residing abroad to obtain Italian Citizenship through the facilitated procedure, except in rare cases (e.g. continuous presence in Italy or proven economic-cultural ties).

The General Council of Italians Abroad (CGIE), called upon to express its (non-binding) opinion, has rejected the draft law, arguing that it violates the principles of equality and non-retroactivity, particularly penalising mixed couples living permanently outside Italy.

Why it is important to act now

If the draft law becomes effective in its current form:

• Residents abroad would no longer be able to apply for Citizenship by marriage;
• Applications already submitted would be assessed under the current law only if completed before the law's entry into force;
• A stricter assessment of ties to Italy could be introduced, even for residents.

Those currently married to an Italian citizen and residing abroad should be aware that the draft law is pending and that, from one day to the next, it could become law, rendering ineligible people who currently meet all the requirements to apply for Italian Citizenship.

Specialised legal assistance is crucial to:

• Verify the completeness of documentation and act promptly;
• Avoid formal errors that could delay the procedure;
• Monitor legislative developments and safeguard one's rights.

Draft Law No. 1450/2025 could radically change the rules for spouses residing abroad. Those who already qualify should apply immediately and seek assistance from a lawyer to avoid mistakes or delays that could compromise the recognition of their right.

How to request legal assistance

Boccadutri Law Firm provides personalised legal advice in both Italian and English, assisting clients throughout the entire process — from submitting the application to the final oath.

Contact us today for a consultation: acting now could make the difference between obtaining or permanently losing your right to Italian Citizenship.

FAQ – Citizenship by Marriage and Draft Law No. 1450/2025

Who risks losing the right to Citizenship by marriage?

Spouses of Italian citizens residing abroad who have not yet submitted their application.

Can I still apply for Citizenship if the draft law has not yet been approved?

Yes, until the new law enters into force, the current rules remain valid.

If I apply today, could the future law invalidate my request?

No. Based on the principle of non-retroactivity, applications already filed should be assessed under the rules in force at the time of submission.

How long does it take to obtain Citizenship?

The process may take up to 36 months, but it is essential that the application is complete and correct from the outset.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.