What's Happening?
The Regional Administrative Court (TAR) of Tuscany has issued a ruling that significantly impacts the process for foreigners seeking Italian citizenship through naturalization. As of January 15, the court decided that applicants must demonstrate uninterrupted
enrollment in the municipal population registry, known as 'anagrafe,' for the entire 10-year period required for citizenship eligibility. This decision eliminates the acceptance of alternative proofs of residence, such as employment contracts, utility bills, or continuous tax payments, which were previously considered sufficient by some prefectures. The ruling aligns with Interior Ministry circulars from 2024, which emphasized the importance of municipal registration over economic presence, thereby creating a more uniform but stricter standard for citizenship applications.
Why It's Important?
This ruling has significant implications for thousands of pending citizenship applications in Italy, particularly affecting non-EU nationals who have relied on work records and other economic proofs to establish their residency. The decision could potentially derail many applications, as it resets the 10-year residency clock for those not properly registered in the municipal registry. For companies and individuals, this means a need for increased diligence in ensuring proper registration and documentation. The ruling also highlights the growing complexity of immigration and naturalization processes in Italy, which could lead to increased legal and administrative costs for applicants and their sponsors.
What's Next?
Legal experts anticipate an appeal to the Council of State, Italy's highest administrative court, which could potentially overturn or modify the Tuscany court's decision. Until such a ruling is made, it is expected that prefectures across Italy will adopt the Tuscany precedent, enforcing stricter documentation requirements. Companies sponsoring naturalization for key employees may need to adjust their timelines and budgets to accommodate these changes, including potential legal fees and additional administrative steps to ensure compliance with the new requirements.
