Residence card for a family member of a “mobile” Italian citizen

The residence card for a family member of a “mobile” Italian citizen is the residence permit issued to foreign relatives of an Italian citizen who has exercised the right to free movement in another Member State of the European Union and who returns to or settles in Italy together with their family member.

This status differs from that of a “static” citizen, meaning someone who has never lived in another EU country, and entails the application of European Union law on free movement.

Legal framework

The main legal basis is Legislative Decree No. 30 of 6 February 2007, which implements Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

Certain provisions of Legislative Decree No. 286 of 25 July 1998 (Consolidated Immigration Act) also remain relevant, particularly regarding protection against expulsion and the issuance of residence permits for family reasons.

Who is a “Mobile” Italian Citizen?

A “mobile” Italian citizen is one who has resided or worked in another EU Member State, exercising the rights granted by the EU Treaties.

In such cases, upon returning to Italy with a foreign family member, the more favorable rules provided by EU law apply, similarly to what occurs for citizens of other Member States.

Family members entitled to the Residence Card

The following persons are entitled to the residence card:

• The spouse

• The civil partner, where legally equivalent to marriage

• Children under 21 years of age or dependent children, including those of the spouse/partner

• Dependent ascendants (parents or parents-in-law)

For these individuals, the right to family unity is fully protected, except on grounds of public policy or security.

Other dependent or cohabiting family members, as well as partners in a duly proven durable relationship, may also benefit from facilitated entry and residence, although in such cases the authority’s assessment is more discretionary.

Main requirements

In most cases, the residence card for a family member of a mobile Italian citizen does not require:

• A predetermined minimum income

• Proof of suitable housing

• Health insurance (except in specific situations, such as certain ascendants over 65 who are not dependent)

The key element is proof of the family relationship, to be documented with certificates translated and legalized or apostilled if issued abroad.

Duration and features

The residence card:

• Is valid for 5 years

• Allows the holder to work without further authorization

• Permits free movement within the EU within the limits set by European law

After 5 years of legal and continuous residence, the family member may apply for a permanent residence card, valid for 10 years, which consolidates the right of residence.

Application procedure

The application procedure varies depending on the manner of entry:

• Those entering with a national long-stay visa for family reasons must apply within 8 days of entry.

• Those already legally residing in Italy may apply directly to the competent Police Headquarters (Questura).

Difference from a Family Member of a “Static” Citizen

If the Italian citizen has never exercised free movement in another EU Member State, their family members are issued a national residence permit for family reasons, also valid for five years but governed exclusively by Italian domestic law.

In the case of a “mobile” citizen, however, EU legislation applies, generally offering more favorable conditions in terms of mobility and legal protection.

Refusal and legal remedies

In the event of incomplete documentation or failure to meet the requirements, the Police Headquarters may issue a notice of intended rejection, granting a deadline to supplement the application.

Any final refusal may be challenged before the competent judicial authority.

Conclusion

The residence card for a family member of a “mobile” Italian citizen is an essential instrument for safeguarding family unity within the framework of European free movement.

Understanding the distinction between a static and a mobile citizen is crucial in order to identify the correct procedure and applicable residence status, thereby avoiding errors that could jeopardize the right to remain in Italy.

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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.