Accompanying family members's visa for Italy: key points

When a foreign national relocates to Italy for employment, study, or elective residence purposes, one of the first questions that arises concerns the possibility of bringing family members along. Italian law provides two main instruments to allow the entry of family members of non-EU citizens: the family accompanying visa and family reunification. Although both pursue the same objective of protecting family unity, the two procedures differ in their requirements, timeframes, and bureaucratic processes. Understanding these differences is essential in order to navigate the system correctly and choose the most appropriate path for each particular situation.

The accompanying family member visa

The family accompanying visa is governed by Article 29-bis of the Consolidated Immigration Act (Legislative Decree 286/1998) and allows the family members of a foreign national to enter Italy simultaneously with the holder of the main visa, or within a short period following their entry. In essence, it is a procedure designed for those who relocate to Italy together with their family from the outset, without any intermediate period of separation.

The family members who may benefit from this visa are, as a general rule, the spouse who is not legally separated and is at least eighteen years of age, dependent minor children (including those of the spouse or those born out of wedlock, provided that the other parent has given consent), dependent adult children who are objectively unable to provide for their own maintenance independently, and dependent parents. The application for a family accompanying visa is submitted directly to the Italian diplomatic or consular mission competent for the applicant's country of residence, simultaneously or in close temporal connection with the visa application of the principal family member. The main applicant must demonstrate that they have suitable accommodation, sufficient income to support all family members, and adequate health insurance, where required.

The main advantage of this procedure lies in its expediency: since family members depart together with the visa holder, there is no need to initiate a separate procedure before the Single Immigration Desk (Sportello Unico per l'Immigrazione) in Italy, as is instead required in the case of family reunification.

Family reunification

Family reunification, governed by Articles 28 et seq. of the Consolidated Immigration Act, is the procedure available to foreign nationals already lawfully residing in Italy who wish to bring their family members remaining abroad into the national territory. It is, therefore, a process that presupposes a period of separation: the holder of the residence permit has already settled in Italy and, only at a subsequent stage, applies to be reunited with their relatives.

The procedure is structured in several phases. First, the applicant must submit a request for authorisation (nulla osta) for family reunification to the Single Immigration Desk at the territorially competent Prefecture. The Single Immigration Desk, having verified compliance with accommodation and income requirements and obtained the opinion of the Police Headquarters (Questura), issues the authorisation within a timeframe that, by law, should not exceed one hundred and eighty days from the date of submission. Once the authorisation has been obtained, the family member abroad may submit an application for a family reunification visa at the competent Italian diplomatic or consular mission. Following entry into Italy, the reunified family member must apply for a residence permit on family grounds.

Key differences

The fundamental distinction between the two procedures lies in the timing of the family members' entry. In the case of the family accompanying visa, entry is simultaneous or nearly simultaneous with that of the visa holder; in family reunification, by contrast, the family member travels to Italy to join a relative who already resides there on a stable basis. Significant procedural consequences flow from this difference: family reunification requires the prior obtaining of authorisation from the Single Immigration Desk, a step that is not required for accompanying family members. This makes the reunification procedure generally longer and more complex.

Another significant difference concerns the type of residence permit held by the main applicant. The family accompanying visa is typically associated with first-time immigration, for example in the case of workers obtaining their first entry visa or holders of elective residence or study visas. Family reunification, on the other hand, requires that the applicant already hold a valid residence permit, with a remaining validity of no less than one year in the case of a two-year permit, or that they hold an EU long-term residence permit and that has allowed the holder to reside in Italy for at least two years prior to submitting the application (except in special cases, such as holders of the EU Blue Card or EU ICT, who are not subject to this requirement).

Conclusions

Both legal instruments constitute essential tools for the protection of the right to family unity. The choice between one and the other depends essentially on the specific circumstances of the family unit: if the move to Italy is planned from the outset as a shared life project, the family accompanying visa represents the most streamlined and straightforward solution; if, on the contrary, the family member is already in Italy and wishes to be reunited with relatives who remain in the country of origin, family reunification is the mandatory route.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.