Residence permit for family reasons: apply in Italy through the family cohesion process

As part of family reunification procedures, Article 30 of Legislative Decree 286/98 provides for a special procedure that allows non-EU family members of a non-EU citizen already legally residing under another title to apply for and obtain a residence permit for family reasons directly in Italy.

Who is entitled to apply for it?

A family member of a non-EU citizen who is already resident in Italy and holds a residence permit of not less than one year's duration issued for employment or self-employment reasons, or for asylum, study, ICT posting or contracting, religious or family reasons, or, regardless of duration, for investors, EU Blue Card and EU ICT, is entitled to apply for it.

To allow entry, the family member already residing in Italy must prove:

·      to hold a valid residence permit

·      the availability of suitable housing by obtaining a certificate of housing suitability from the Municipality where the housing is located

·      the possession of sufficient income for maintenance

The procedure in a nutshell

Here is what to do to apply for a visa and residence permit through the family cohesion process:

1.    the family member who is already a resident must have obtained a residence permit, registration with the Municipality and a certificate of housing suitability

2.    the family member must enter Italy on a Schengen visa or otherwise as a tourist if exempt from the visa requirement under the country of which they are a citizen

3.    the family member must, once in Italy and before the expiration of the permitted period of stay as a tourist, apply for a residence permit via postal kit

4.    the family member must attend a fingerprinting appointment at the local Police office

5.    the family member must pick up the residence permit at the Police office when ready

Benefits of obtaining a residence permit through the family cohesion process

This process is simpler than family reunification and definitely shortens the waiting time: once all the documentation is ready, it is sufficient to enter Italy legally in order to apply for a residence permit for family reasons. The permit for family reasons is issued with the same duration as the permit of the family member already residing in Italy.

Finally, by proving presence in Italy for at least 5 years, residence and a reasonable income, it is possible to apply for an EU long-term residence permit and, upon reaching 10 years of residence in Italy, proceed to apply for Italian citizenship by residence.

Your Way to Italy: our assistance

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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