Family unity: visa for accompanying family members and exceptions to the 2-year legal residence requirement for family reunification

Last December 2024, the law converting Decree Law 145 of 2024 was passed, which substantially intervened in the area of family reunification of foreigners, making the conditions for family reunification more restrictive.

A non-EU citizen already residing in Italy, as of 2025, will in fact have to meet the requirement of legal residence for at least 2 (two) years in the national territory before he or she can proceed to family reunification with his or her family members.

Exceptions to the two-year stay rule

The minimum 2-year legal residence time requirement for reunification purposes does not apply, however:

• to children under the age of 18
• to family members of holders of residence permits for international protection
• to family members of holders of certain types of visas and residence permits provided for in Legislative Decree 286/98, specifically holders of EU Blue Card (art. 27c), intra-company posting permits (art. 27 lett. a) and art. 27d)

For the above-mentioned individuals, it will be possible to proceed with the application for family reunification or family cohesion clearance without necessarily having to wait 2 years of residence in the territory of the State.

The visa for accompanying family members

In order to avoid waiting for the 2-year period of legal residence of the family member to whom they wish to be reunited, family members who fall under the definition in Article 28 Legislative Decree 286/98 but who do not fall under the exceptions indicated in the preceding paragraph can in any case access the procedure for obtaining a visa for accompanying family members.

The accompanying family member visa allows family members referred to in Art. 29 D. Lgs. 286/98 - spouses who are not legally separated and not minors, minor children and adult dependent children due to conditions of total disability, dependent parents without children in the country of origin or over 65 years old without children who can support themselves in the country of origin - to enter Italy together with the family member who holds a visa for work, subordinate or self-employed, study, investment or religious reasons lasting at least 1 year.

The procedure must necessarily be initiated before the family member with whom the applicant wishes to reunite has entered Italy and involves applying, through an attorney residing in Italy, for a nulla osta to be issued by the Sportello Unico dell'Immigrazione territorially competent in Italy. Once the nulla osta has been obtained, the family member can apply for an accompanying family member visa and enter Italy together with the family member with whom he or she is reuniting so as to then initiate, once in Italy, the procedures for issuing a residence permit.

Conclusion

The intervention of the law converting Decree Law 154/2024 has certainly had a very important impact on the right to family unity, certainly making reunification with family members already residing in Italy more arduous than in the past. Based on the letter of the rule and the first interpretations that have come from the competent authorities, exceptions continue to be provided for-see EU Blue Card holders and ICT-although interpretative perplexities remain with respect to certain categories of workers, for example, digital nomads who theoretically are to be considered highly specialized workers like EU Blue Card holders or for the case of family members of investor visa holders for whom it seems at the moment only possible to access the accompanying family member visa application procedure so as not to have to wait for the 2-year legal residency requirement in Italy to be accrued by the family member.

So if workers nationals of and based in, for example, the United States or United Kingdom, want to move to Italy with their families, must duly assess the conditions for family reunification, unless they hold EU Blue Cards or ICTs work permits for which the conditions are less strict.

Your Way to Italy: our assistance

Our team is available to provide support and assistance on Italian immigration law! Contact us to book your first consultation with us! #YourWaytoItaly

The content of this article is intended to provide general guidance on the topic. For particular issues or cases you should seek specialized advice on your specific situation.