Recognition of civil unions by Italy

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
italia787
Newbie
Newbie
Posts: 6
Joined: 21 Jul 2018, 00:36

Recognition of civil unions by Italy

Post by italia787 » 25 Jul 2018, 12:37

Hi all.

I'm wondering: if I get an Italian passport, can my partner get one as well? And, if so, do we have to be married?

We are considering getting PACS'ed (French civil union), and are wondering if this would be acceptable. We are an opposite sex couple in case that matters.

Thanks.

User avatar
mler
Master
Master
Posts: 2288
Joined: 01 Apr 2006, 00:00

Re: Recognition of civil unions by Italy

Post by mler » 25 Jul 2018, 15:48

I think you have to be married.

User avatar
TerraLavoro
Elite
Elite
Posts: 278
Joined: 03 Jun 2014, 20:05
Location: California

Re: Recognition of civil unions by Italy

Post by TerraLavoro » 25 Jul 2018, 15:50

Only Italian citizens get to have Italian passports. If you are an Italian citizen, your spouse/civil union partner can apply for Italian citizenship three years after being married (or united in a civil union).

The process of being naturalized by marriage takes a minimum of two years after the Interior Ministry in Rome receives the online application....and lately it is taking longer.

If the ministry approves the application, and after taking an oath of loyalty to the republic of Italy, then the spouse/partner of an Italian citizen could then apply for a passport.

Where do you live? I ask because the wait times for a recognition appointment for you will vary widely depending on the consulate that you would need to meet with.
TerraLavoro

User avatar
TerraLavoro
Elite
Elite
Posts: 278
Joined: 03 Jun 2014, 20:05
Location: California

Re: Recognition of civil unions by Italy

Post by TerraLavoro » 25 Jul 2018, 15:58

mler wrote:
25 Jul 2018, 15:48
I think you have to be married.
The PACS would be transcribed as a marriage in the Italian civil registers, and then the normal rules of jury matrimoni recognitions would apply.

https://nullaostalavoro.dlci.interno.it ... ero/Index2
TerraLavoro

User avatar
TerraLavoro
Elite
Elite
Posts: 278
Joined: 03 Jun 2014, 20:05
Location: California

Re: Recognition of civil unions by Italy

Post by TerraLavoro » 25 Jul 2018, 16:06

And here's a link (in French) that describes the difference between PACS, a civil marriage, or a "free union" (union libre).

https://www.service-public.fr/particuli ... its/F14485
TerraLavoro

User avatar
mler
Master
Master
Posts: 2288
Joined: 01 Apr 2006, 00:00

Re: Recognition of civil unions by Italy

Post by mler » 25 Jul 2018, 16:21

Excellent. I didn’t know that.

jennabet
Master
Master
Posts: 1396
Joined: 14 Jul 2010, 20:28
Location: Ancestral Homeland - Abruzzo Italy

Re: Recognition of civil unions by Italy

Post by jennabet » 25 Jul 2018, 17:44

Since there is no same-sex marriage in Italy, civil unions are for same-sex couples only. An opposite sex couple who chooses not to marry in the legal sense would be entitled to a Defacto Arrangement only. A defacto arrangement does not change the civil status of each party and therefore the opposite sex partner in a Defacto arrangement with an Italian national would never be entitled to Italian citizenship through a relationship with the Italian national. Only a legal marriage would allow it.

italia787
Newbie
Newbie
Posts: 6
Joined: 21 Jul 2018, 00:36

Re: Recognition of civil unions by Italy

Post by italia787 » 25 Jul 2018, 18:34

Ah, it looks like either way it would take a very long time to get him a passport. Does anyone know about residency and work rights? Could he live with me in Italy if I have a passport with a PACS or a free union?

We're in France now.

jennabet
Master
Master
Posts: 1396
Joined: 14 Jul 2010, 20:28
Location: Ancestral Homeland - Abruzzo Italy

Re: Recognition of civil unions by Italy

Post by jennabet » 25 Jul 2018, 18:43

No, your non-Italian opposite sex partner would have to qualify for a visa in his own right in order to remain in Italy with you. An elective residency visa would let him live in Italy but he would have no work rights. Legal marriage to an Italian citizen would let him live and work in Italy.

italia787
Newbie
Newbie
Posts: 6
Joined: 21 Jul 2018, 00:36

Re: Recognition of civil unions by Italy

Post by italia787 » 25 Jul 2018, 19:08

Thanks, this is good to know.

User avatar
mler
Master
Master
Posts: 2288
Joined: 01 Apr 2006, 00:00

Re: Recognition of civil unions by Italy

Post by mler » 25 Jul 2018, 21:40

Ok, so then a civil union would work for same sex partners, but opposite sex partners require marriage?

jennabet
Master
Master
Posts: 1396
Joined: 14 Jul 2010, 20:28
Location: Ancestral Homeland - Abruzzo Italy

Re: Recognition of civil unions by Italy

Post by jennabet » 26 Jul 2018, 10:55

Legal marriage is required for opposite sex couples if the goal is for the non-Italian spouse to be able to naturalize through marriage to an Italian citizen. A Defacto Arrangement is available if the opposite sex couple is not interested in legal marriage but wants to ensure inheritance rights, etc., but this arrangement does not change the civil status of the partners and the non-Italian spouse must qualify for a visa in order to remain in Italy. I think the parliament thought this out well and it makes perfect sense since Italy does not have same-sex marriage.

rjnigro
Rookie
Rookie
Posts: 84
Joined: 15 Jun 2011, 14:24

Re: Recognition of civil unions by Italy

Post by rjnigro » 06 Aug 2018, 13:58

Legal marriage is required for opposite sex couples if the goal is for the non-Italian spouse to be able to naturalize through marriage to an Italian citizen
I feel you should put more weight on the information provided by "TerraLavoro" and you should contact the Italian Embassy or the nearest Consolulate ( ex: https://consnizza.esteri.it/consolato_n ... ivili.html You can click to read it in French)

If you are an Italian citizen married to a non-Italian citizen of the same sex, that marriage will be transcribed in your Italian Comune as a Civil Union. If you reside outside of Italy after three years you can apply for citizenship/your spouse can apply for naturalization. That process will take two years.

The same holds true if you are an Italian Citizen in a Civil Union to a non-Italian citizen of the same sex.

Gray area: I am not sure if the country in which "you tie the night" has multiple options for your union (i.e. Marriage, Civil Union, or PAC) if your union must be made at the, forgive the expression, "higher level".

Same Sex spouses (married or in a civil union) have the same rights rights of residence in Italy as in other EU countries. That is the non-Italian spouse/civil union partner can obtain a residency permit (Permesso di Soggiorno) to live and work in Italy as long as they (together) are Italian residents

jennabet
Master
Master
Posts: 1396
Joined: 14 Jul 2010, 20:28
Location: Ancestral Homeland - Abruzzo Italy

Re: Recognition of civil unions by Italy

Post by jennabet » 06 Aug 2018, 14:58

I'm not interested in putting more weight on the information provided by "TerraLavoro" because it doesn't apply to me. Also children of same sex spouses (married or in a civil union) and who have the same rights of residence in Italy as in other EU countries (your assertion, not mine), are not automatically registered as residents but may be registered on an individual basis through the courts because parenthood obtained through surrogacy, regardless of in which country the surrogacy was obtained, is illegal in Italy. In fact, the newly elected family minister is in favor of not registering children of same-sex couples at all. So if children of same-sex couples can't be registered in Italy, how do you figure these couples have the same residency rights in Italy as in other EU countries?

User avatar
mler
Master
Master
Posts: 2288
Joined: 01 Apr 2006, 00:00

Re: Recognition of civil unions by Italy

Post by mler » 06 Aug 2018, 15:27

Just a reminder, the original poster was asking about civil unions between OPPOSITE sex couples.

Post Reply