“Carta di soggiorno” and FAMIT permit: two paths for family members of Italian citizens

In the landscape of immigration in Italy, one of the most significant recent changes concerns non-EU family members of Italian citizens. With Legislative Decree No. 69 of June 22, 2023, lawmakers introduced a key distinction between two very different—but often confused—situations: that of so-called “mobile” family members and that of “static” family members.

The first group includes those who have followed an Italian or EU citizen who exercised their right to free movement by relocating to another EU Member State. The second group refers to family members who live in Italy with an Italian citizen who has never moved beyond national borders. Due to this difference in circumstances, the rules governing residency have substantially changed depending on the case.

“Mobile” family members: “Carta di soggiorno” route

If an Italian citizen has lived or worked in another European country and later returned to Italy with their family members, these individuals can continue to benefit from EU regulations. Specifically, they are entitled to a “Carta di soggiorno” as family members of an Italian (and European) citizen, as provided by Legislative Decree 30/2007. This document is valid for five years, renewable, and can eventually be converted into a permanent residence permit valid for ten years, provided certain continuous residence requirements are met.

“Static” family members: the birth of the FAMIT permit

The situation is different for those who have never left Italian territory. If the Italian citizen has always lived in Italy and resides with a non-EU family member, the latter can no longer apply for the European residence card. In these cases, the new FAMIT permit comes into play: a residence permit based on national legislation (Art. 5, paragraph 8 of the Consolidated Immigration Act), specifically designed to protect family ties within Italy.

The FAMIT permit can be requested by various types of family members, such as a spouse, a civil union partner (if the union is recognized in Italy), minor or dependent children (even from previous relationships), and economically dependent parents. There are also special cases, such as de facto partners or relatives who, due to health or financial vulnerability, are effectively dependent on the Italian citizen: in these cases, the application is assessed individually, without a legal guarantee of automatic approval.

How to apply for the FAMIT permit

The application must be submitted to the competent Questura (Police Headquarters), either using the standard postal kit or, where available, by booking an appointment directly with the Immigration Office through the "Prenota Facile" platform. Required documentation includes the applicant’s passport, documents of the Italian citizen, proof of the family relationship and cohabitation in suitable accommodation, along with photographs, a revenue stamp, and a small fee for the issuance of the electronic permit.

What rights does the FAMIT permit offer?

The FAMIT permit is valid for five years, renewable, and most importantly allows the holder to work freely, both as an employee and self-employed. But that’s not all: it also allows enrollment in the National Health Service, registration as a resident in the civil registry, and access to welfare and social security benefits. In other words, it provides full integration into the social and working life of the country, while maintaining the family link with the Italian citizen as its foundation.

A reform that recognizes the Italian family reality

In conclusion, the reform has the merit of distinguishing two legally different but equally meaningful realities: that of the Italian citizen who has exercised their European right to mobility, and that of those who, while remaining in Italy, have built stable and lasting family ties. The new FAMIT permit represents a step forward in protecting these families, recognizing their legal dignity and offering them concrete tools to live and contribute to Italian society.

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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.