NEWS: reunification with an Italian or EU citizen - national visa for family reasons reintroduced

To whom the novelty applies and what it entails

The modification to Legislative Decree 30/2007, which took place last summer, involves, as indicated in article 2 of the same decree (i) the spouse, (ii) the civil partner, (iii) descendants under the age of 21 or dependent and those of the spouse, (iv) dependent direct ascendants or those of the spouse, and (v) adoptees/adoptees and minors subject to guardianship/permanent custody under measures issued in accordance with Law 184/1983.

All of them will no longer be able to obtain a Schengen visa to enter Italy and proceed with family reunification, but must apply for a national visa at the competent Italian Embassy/Consulate in their country of origin.

Obtaining the visa

This visa will be, in accordance with Art. 5 of the same Legislative Decree 30/2007, issued free of charge against the production of:

·      duly completed visa application form

·      2 passport-size photos

·      letter of invitation from the Italian/EU family member indicating the intention to exercise the right to family unity, accompanied by a valid identity document of the declarant

·      civil status documentation proving the status of family member in accordance with art. 2 of Legislative Decree 30/2007, translated and duly legalized, or a marriage or civil partnership deed transcribed in Italy

·      in the event that proof of the Italian/EU family member's dependent living status is required, the visa applicant must also present supporting documentation attesting to this circumstance (in particular, the economic benefits provided by the Italian/EU family member for this purpose must be adequately demonstrated)

The request for the permit must be made by postal kit, to be presented within 8 days of entry into Italy.

If the visit is less than 3 months?

The regulatory framework does not change with regard to family members who join or accompany the Italian/EU family member for periods of less than 3 months: in this case the possibility of applying for a Schengen visa for tourism/family visit remains.

Your Way to Italy: our assistance

Our team is available to provide support and assistance in obtaining visas and residence permits for family reasons, and will keep you updated on further developments of this and other news regarding visas and residence permits for Italy! #YourWaytoItaly

The content of this article is intended to provide general guidance on the subject. You should seek specialist advice on your specific situation.

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