According to the Brescia Administrative Court, late marriage registration may still support Italian citizenship
According to the Brescia Administrative Court, a marriage registered late in Italy may still support a citizenship application
For families applying for Italian citizenship through marriage, a missing entry in the Italian civil-status registers can become a serious administrative obstacle. But does registration create the marriage, or does it merely record a marriage that already legally exists? In judgment no. 1242 of 21 September 2026, the Regional Administrative Court of Lombardy, Brescia Division, First Section (TAR Lombardia, Brescia), addressed precisely that question.
What happened to the applicant?
The applicant had married abroad in January 2001. Her spouse subsequently acquired Italian citizenship, and she applied for Italian citizenship under Article 5 of Law 91/1992. In January 2026, the Prefecture of Brescia sent a notice of intended refusal under Article 10-bis of Law 241/1990 because the foreign marriage certificate had not been transcribed in the Italian civil-status registers.
The applicant arranged for transcription on 16 February 2026 and submitted proof with her observations. Nevertheless, the Prefecture declared her application inadmissible in May 2026, maintaining that transcription after the application could not cure the initial omission. The court upheld the challenge and annulled that decision.
The legal distinction: proof is not the creation of a family relationship
The court distinguished the validity of the marriage from the administrative act recording it. Article 28 of Law 218/1995 governs recognition of the form of marriages celebrated abroad, while the rules on civil-status transcription perform a recording and certification function. Where a marriage was validly concluded, later transcription does not itself bring the marital relationship into existence for the first time.
On the facts examined, the marriage already existed when the citizenship application was filed. Transcription during the administrative procedure, before the final refusal, therefore remedied the documentary irregularity. The Prefecture could not treat the missing transcription at the filing date as an additional substantive requirement that had to have been satisfied at that precise moment.
The court ordered the administration to decide again, in accordance with the judgment, within sixty days of its communication or earlier notification. The judgment was not an unconditional declaration that every applicant with a late transcription is entitled to citizenship: validity of the marriage and all other legal requirements still matter.
A practical checklist for families
- Obtain the foreign marriage certificate and check whether it meets the applicable authentication, legalisation or apostille and translation requirements.
- Verify when the marriage was celebrated and whether it was legally valid under the relevant rules.
- Check whether the marriage has been transcribed in Italy and retain the transcription extract or receipt of the request.
- If the Prefecture sends an Article 10-bis notice, respond within the stated period and provide evidence of any correction made before the decision.
- Keep the original application, the notice, observations, submission receipts and the final decision together to permit an accurate assessment of judicial remedies.
Different citizenship routes have different requirements. This judgment concerns citizenship through marriage and an existing marriage that was recorded late; it must not be confused with residence-based naturalisation or with cases in which the validity of the marriage itself is disputed.
Decision and source: TAR Lombardia, Brescia, First Section, judgment 21 September 2026, no. 1242. Full judgment in Italian.
Avv. Fabio Loscerbo
Lawyer qualified to appear before the Italian Court of Cassation
Registered in the Italian Chamber of Deputies' Register of Interest Representatives in the field of Immigration
Registered interest representative in the European Union Transparency Register for Migration and Asylum, no. 280782895721-36
ORCID: 0009-0004-7030-0428
This article was prepared with the assistance of AI tools, under the author's direction, review and editorial responsibility.
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