Italian citizenship and residency rights to same-sex partners
Since 2016 Italy has allowed civil partnerships “Formazioni Sociali Specifiche” between same-sex couples. The rights and obligations for such partnerships are very similar to those of marriage, with the exception of adoption (stepchild adoption) which is prohibited.
Same-sex spouses of foreign national have residency rights in Italy
The foreign same-sex spouse of a foreign national normally resident in Italy is entitled to obtain a residence permit for family reasons as long as the relationship is well-established and registered.
Non-EU same-sex spouse of an Italian citizen has the right to obtain Italian citizenship
Non-EU nationals who have entered into a legally registered civil partnership with an Italian national can also apply for Italian Citizenship. An application can be made 2 years after the marriage if residing in Italy or 3 years after if residing abroad. The law also requires knowledge of Italian to at least B1 level of the Common European Framework of Reference for Languages (CEFRL). Those who have a long-term EU residence permit, those who comply with the Integration Agreement provisions or those who have a qualification from an Italian state school or state-recognized private school, are exempt from this requirement.
Same-sex marriages celebrated abroad
Civil unions/partnerships/marriages celebrated abroad can be registered with the Italian authorities and are considered valid as long as they are legally recognized in the country where they have been celebrated.
Same-sex domestic partnerships
Non Eu nationals (including same-sex couples) in a “marriage-like relationship” — already certified — with an Italian or EU national can obtain a family permit in Italy.
If they want to register their relationship in Italy they need to obtain a clearance confirming thier free status and one of the partners needs to send a declaration form to the Office for National Statistics in the district in which they wish to establish joint residence, specifying that they wish to apply for a “Convivenza per vincoli affettivi” (common law partnership).
Disclaimer
The information provided on this article (i) does not, and is not intended to, constitute legal advice; (ii) are for general informational purposes only and may not constitute the most up-to-date legal or other information (iii) this website may contain links to other third-party websites. Such links are only for the convenience of the reader; (iv) readers should contact their attorney to obtain advice with respect to any particular legal matter.
