Residence card for family members of EU citizens and the right of permanent residence

Third-country nationals who are family members of a citizen of the European Union benefit from specific protections regarding entry and residence in Italy. Italian legislation provides dedicated instruments, such as the residence card for family members of EU citizens and, where certain requirements are met, the right of permanent residence. These differ from the ordinary Italian residence permit issued to other non-EU citizens who are not family members of EU citizens.

Residence card for family members of European Union citizens

When the stay in Italy exceeds three months, a non-EU family member of an EU citizen is required to apply for a residence card. The application must be submitted to the competent Questura (Police Headquarters) for the place of residence, either in person or by post using the specific application forms available at authorized post offices.

The following essential documents must be attached to the application, including:

• a valid passport and any required Italian visa, if necessary for entry as a tourist;
• documentation proving the family relationship with the EU citizen;
• proof of the EU citizen’s registration with the municipal registry;
• in cases of a stable, non-marital relationship, suitable official evidence of cohabitation or of a durable relationship.

The residence card is valid for five years and remains valid even in the event of temporary absences from the national territory, provided that such absences do not exceed the limits established by law.

Acquisition of the right of permanent residence

An EU citizen who has legally and continuously resided in Italy for at least five years acquires the right of permanent residence. Upon request, the municipality of residence issues a certificate attesting to this status.

The same right may also be acquired by a non-EU family member who has lawfully cohabited with the EU citizen for the same period. In this case, it is possible to apply for a permanent residence card at the competent Questura by submitting a passport, a certificate of residence, and the residence card that is about to expire.

The right of permanent residence automatically lapses in the event of absences from Italian territory exceeding two consecutive years.

Early acquisition of the right of permanent residence

In certain specific circumstances, the right of permanent residence may be recognized before the standard five-year period. This may occur, for example, in cases of retirement, permanent incapacity for work, or employment in another Member State, provided that the conditions set out by European and national legislation are met.

Limits and removal measures

Despite the broad guarantees provided, EU citizens and their family members may be subject to removal measures from national territory for reasons of state security, public order, or public safety. Such measures are adopted by the competent authorities in compliance with the principle of proportionality and take into account the personal situation of the individual concerned, such as length of residence, social integration, and family ties.

Removal decisions specify the available appeal procedures and the time limits for leaving Italian territory. In the event that the conditions giving rise to the right of residence cease to exist, removal does not entail a ban on re-entry, but it may result in deregistration from the municipal registry by the municipality of residence.

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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, and Paolo Grassi, Trainee of LCA Studio Legale.