The steps of the case
- 1
Checking the case
We read the status of your case on the Ministry portal, the date of the application and any communications (extensions, requests for documents).
- 2
Calculating the deadlines
We calculate when the 24 months (or 36, if there was an extension) ran out and until when an appeal can be made.
- 3
Reminder or formal notice
If useful, we send a formal reminder to the Ministry of the Interior. It is not compulsory before an appeal, but sometimes it is enough to unblock the case.
- 4
Appeal to the TAR against silence
The office's in-house lawyers prepare and serve the appeal to the regional administrative court (TAR) of Lazio, which has jurisdiction over citizenship.
- 5
After the judgment
If the judge orders the Ministry to decide, we follow the enforcement. If the decision arrives and is negative, we assess a new appeal.
When a citizenship application is “late”
An application is late when more than 24 months have passed since it was submitted without a decision, or more than 36 months if the Ministry has extended the deadline. This is stated in Art. 9-ter of Law 91/1992, as amended by Decree-Law 130/2020.
For applications submitted before 20 December 2020, longer deadlines applied. If your application is old, we check which rule applies.
Many cases in Milan go beyond these times. Waiting in silence is not the only possibility: the law gives you tools to make the deadlines respected.
Reminder, formal notice and appeal: what is the difference
The reminder (sollecito) is a formal request to the Ministry of the Interior to finish the case. It is not compulsory, but it can help to unblock a file stuck because of a missing document.
The formal notice (diffida) is a stronger reminder, usually sent by a lawyer, which warns the Ministry of a possible appeal.
The appeal against silence is submitted to the regional administrative court (TAR) of Lazio. Art. 117 of the Code of Administrative Procedure allows it even without a formal notice. The judge decides quickly, with a simplified judgment, and if you win orders the Ministry to decide within a set deadline.
By when an appeal can be made
An appeal against silence can be made as long as the Ministry stays silent, and in any case no later than one year after the deadline to decide expires (Art. 31, paragraph 2, Code of Administrative Procedure).
From which date the year starts, if there was an extension to 36 months, is a debated question. The safest choice is not to wait. If the year has already passed, a new request can be submitted and a new deadline can start.
What to expect, honestly
The appeal forces the Ministry to decide, not to grant citizenship. If the application has a problem (income, criminal record, documents), the decision can be negative. For this reason, before the appeal, we check with you again that the requirements are still met.
If a refusal arrives, you can appeal to the TAR within 60 days of notification, or make an extraordinary appeal to the President of the Republic within 120 days.
Common mistakes
- Appealing before 24 months, when the Ministry is still within the deadlines.
- Waiting too long and going past the year available for the appeal.
- Not answering a request for more documents that arrived on the portal.
- Not checking your personal area of the portal, where communications arrive.
How we help you
We check your case, calculate the deadlines and tell you whether a reminder or an appeal is the better choice. The appeal to the TAR is prepared and followed by the office’s in-house lawyers.
- First consultation: 60 €, about 30 minutes, in the office or online on WhatsApp.
- Sofia, the office’s assistant, answers on WhatsApp in 8 languages and books your appointment: use the booking button on this page.
What to bring to the consultation
- Receipt of submission of the citizenship application
- Case number and code (Ministry of the Interior portal)
- All the communications received from the Ministry or the Prefecture (Prefettura)
- Any letter extending the deadline
- Identity document and residence permit (permesso di soggiorno) or residence card (carta di soggiorno)
Frequently asked questions
How long can I wait before sending a reminder about citizenship?+
When 24 months have passed since the application, or 36 if the Ministry has announced an extension. Before then the Ministry is still within the legal deadlines.
Is a formal notice needed before the TAR appeal?+
No. Art. 117 of the Code of Administrative Procedure allows an appeal against silence even without a formal notice. Sometimes, though, a reminder is useful.
By when must I make the appeal?+
Within one year of the expiry of the deadline to decide. If more than a year has passed, you can submit a new request and restart the clock: this has to be assessed case by case.
Does the appeal guarantee me citizenship?+
No. The judge orders the Ministry to decide within a deadline, but the decision can be positive or negative.
Which court has jurisdiction?+
For citizenship appeals the TAR of Lazio has jurisdiction, because the decision is taken by the Ministry of the Interior in Rome.