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EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 204
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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I"m marrying an Italian citizen. She tells me that I will

Customer Question

I"m marrying an Italian citizen. She tells me that I will qualify for Italian citizenship after two years of marriage. She also claims that I will receive a pension after I turn 55 from the Italian pension system. I'm asking if this is trye
Submitted: 8 months ago.
Category: European Law
Customer: replied 8 months ago.
I am a 52 year old American citizen male. She is a dual citizen Italy and American.
Expert:  DrOlivia-JD-MD replied 8 months ago.

Hello. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only. Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. Experts on this site receive credit for assisting you when you click the rating (the stars) so please submit a rating prior to logging off. You aren't charged anything extra by submitting a rating.

It does appear that your fiance is correct regarding you being able to claim italian citizenship. The requirements are laid out here:

http://www.esteri.it/mae/en/italiani_nel_mondo/serviziconsolari/cittadinanza.html/

The foreign spouse of an Italian citizen can claim Italian citizenship in the presence of the following requirements:

a) in Italy: two years legal residence (permit to stay and enrolment in an official statistics office (Anagrafe)) after the wedding; abroad: three years after the wedding; the timeframes are reduced by half in the presence of children born or adopted by the spouses;
b) valid marriage certificate and permanence of marriage bond up until the issuance of citizenship;
c) absence of convictions for crimes leading to a maximum penalty of 3 years in prison or convictions by a foreign judiciary authority of more than one year for non-political crimes;
d) absence of convictions for any of the crimes listed in Book 2, Title I, items, I,II and III of the criminal code (crimes against government personnel);
e) absence of obstacles related to the security of the Republic.

There is no definitive information I can find regarding your pension, so I would hesitate to state affirmatively that you will receive a pension in Italy. I hope this helps. Please let me know if you have any other questions or you need me to clarify anything. Please also submit a rating if you're satisfied with your assistance; this will not cost you anything extra. We only get credit for the time we take assisting you if you are satisfied AND ALSO ​submit a rating. And please don't feel like we have to stop talking after you submit a rating. I'd be more than happy to continue working with you after that as well.

Customer: replied 8 months ago.
I'm not clear on a couple of things. Must the wedding take place in Italy? Must I live in Italy for 2-3 years?
Expert:  DrOlivia-JD-MD replied 8 months ago.

The way clause (a) reads: in Italy: two years legal residence (permit to stay and enrolment in an official statistics office (Anagrafe)) after the wedding; abroad: three years after the wedding; the timeframes are reduced by half in the presence of children born or adopted by the spouses;

my interpretation is that you DO NOT need to live in italy... it states "abroad: three years after the wedding" implying if you live abroad you'd be eligible for citizenship after 3 years. I also don't see anything that says you have to be married in Italy, but I would encourage you to get an attorney, preferrably one *in* Italy if these are issues that will impact your decision to marry. But based on the information the italian consulate is providing online, NO the wedding does not have to take place in Italy and NO you do not need to live in Italy. I hope that helps. Please let me know if you have any other questions or you need me to clarify anything. Please also submit a rating if you're satisfied with your assistance.

Customer: replied 8 months ago.
◦certificate of history of legal residence in Italy (with affixed tax stamp); Wouldn't this suggest that I have to establish legal residence in Italy before applying for citizenship?Are there no sources of information available to you regarding my pension question.
Expert:  DrOlivia-JD-MD replied 8 months ago.

I'm going to try to get your question characterized differently and see if we can get an expert in Italian law to help you.

Customer: replied 8 months ago.
also this clause......... valid marriage certificate and permanence of marriage bond up until the issuance of citizenship; "Permanence of Marriage Bond" How does one show that?
Expert:  EULawyer replied 8 months ago.

Dear Sir,

I am sorry if your question was not answered fully before. Here are what I believe are the missing answers:

1. Yes, you need to establish lawful residence before applying for citizenship. This is done through a long-term family visa (this applies even for countries such as the US whose citizens are exempt from short-term visas), then registering at the local town hall, obtaining a foreigner's registration card, and remaining in the country for the two years. The certificate of history of legal residence in Italy is issued by the police station, on the basis of your registration (which must be renewed yearly). They will inform you on how to obtain the tax stamp (basically it is an adjacent tax office, friends who did this tell me it is just a matter of sitting in several lines);

2. The wedding is not compulsory to take place in Italy. The two year period is for if you reside in Italy after the wedding, the three year period if you reside abroad after the wedding. However, the wedding, if performed abroad or at an embassy, must be recorded in the Italian civil status registry of your wife's residence. A non-recorded wedding is not recognized for this purpose;

3. Permanence of marriage bond is shown by a declaration made in person by the two of you that you have been living together ever since, and that you have not been separated in fact. If necessary, this can be given before a notary public, to be authenticated.

Finally, regarding the pension, the answer is negative. You will not receive one, because your age (52) if I am correct, means that at 55 (which is indeed the long-age pension limit) you will not have completed the required minimum number of years (currently over 10) of contributing into the system, to get a pension. Depending on where and how you contributed in the US, it might be possible to receive your US pension in Italy, but that is a US matter altogether. To obtain an Italian pension, you would need to, for example, work over 55 years, in a job which contributes to the national pension scheme, and make at least the minimum number of years for the particular job (for example, higher risk jobs have a reduced minimum) of contributions, and take pension later. It all depends on the job and sector of employment.

What you may be entitled to simply on the basis of age is a minimum old-age income. This is not a pension, but a kind of social-safety net provision of Italian law. However, it is not only based on age, but also on need. If you have savings and a US pension it is highly unlikely that it will apply for you, and in any case the amounts are very small (a few hundred euros monthly).

I hope my answers were helpful and look forward to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad

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