Family cohesion and the two-year residence requirement in Italy: the Court of Venice rules

The Court of Venice has taken a position on the two-year legal residence requirement laid down for family reunification procedures, holding that it cannot be automatically extended to applications for family cohesion.

By a judgment of 3 September 2026, the Court of Venice upheld the appeal of a Colombian woman against the refusal of a residence permit for family reasons issued by the Padua Police Headquarters (Questura).

The woman, married to a fellow national lawfully residing in Italy for study purposes, had applied for a residence permit under Article 30(1)(c) of Legislative Decree No. 286/1998, the Consolidated Immigration Act, through the so-called “family cohesion” procedure. The Questura had rejected the application because her husband had not yet completed the two years of legal and continuous residence required by Article 28(1-bis), introduced by Decree-Law No. 145/2024 and converted into Law No. 187/2024.

Family reunification and family cohesion: the legal difference

The central issue in the dispute concerns the distinction between two procedures which, although both aimed at protecting family unity, are based on different requirements.

Family reunification generally concerns the entry into Italy of family members who are abroad and, for certain categories of relatives (depending on the residence permit held by the family member already living in Italy), requires two years of legal and continuous residence. Family cohesion, on the other hand, allows a residence permit for family reasons to be obtained, where the conditions laid down by law are met, when the family member concerned is already lawfully in Italy on other grounds (e.g. for tourism or under another visa and residence permit).

Accepting the arguments of the defence, the Court observed that Article 30(1)(c) does not expressly refer to the two-year requirement. Consequently, according to the Court, that condition cannot be extended by interpretation to a procedure different from the one for which it was introduced.

Protection of family and private life

The applicant’s personal circumstances also played a role in the assessment of the case. The woman lived permanently with her husband, had begun a process of social and professional integration, was receiving treatment at the Padua University Hospital and was pregnant.

Removal from Italy could have compromised the continuity of her family life and of the medical treatment she had started. The judge therefore recognized the applicant’s right to be issued a residence permit for family reasons and ordered the Questura to proceed accordingly.

Implications of the decision

The ruling offers an important insight for those who intend to apply for a residence permit for family cohesion: according to the position taken by the judge, the fact that the reference family member already present in Italy has not yet completed two years of residence would not, in itself, be sufficient grounds to reject the application on the basis of the rules governing family reunification.

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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.