Residence permit for family members of Italian citizens up to the 2nd degree: who is entitled and how to obtain it

The right to family unity is one of the fundamental principles of the Italian legal system in matters of immigration. For this reason, the law provides special protection for foreign nationals who live permanently with a family member who is an Italian citizen within the second degree of kinship, granting them the possibility of obtaining a residence permit for family reasons.

This protection is based on the principle that a foreign national who lives with a close relative who is an Italian citizen cannot be expelled from the national territory. When certain conditions are met, this protection concretely results in the issuance of a residence permit that allows the person to live and work legally in Italy, with access to essential services and public healthcare.

To understand who can benefit from this type of permit, it is necessary to clarify what is meant by relatives within the second degree. This category includes parents and children, who constitute the first degree of kinship, as well as brothers, sisters, grandparents, and grandchildren in the direct line, who belong to the second degree. The law, however, does not extend this protection to more distant relatives, such as uncles, aunts, cousins, and nieces or nephews (of Italian uncles or aunts), who remain excluded from this specific regime (although in the past, before legislative changes, it was possible to include family members up to the 4th degree).

However, the mere existence of a family relationship is not sufficient. The decisive element is actual and stable cohabitation with the Italian citizen. This means that it is not enough to have a family link on paper: it is necessary to demonstrate that both parties truly live in the same dwelling, continuously and not just occasionally. The competent authorities verify that the residence is shared and that the accommodation is suitable for all cohabitants, assessing the overall situation.

When these requirements are met, the foreign national can submit an application for a residence permit for family reasons. The procedure usually requires the submission of documents proving the identity of the Italian citizen, the family relationship, and elements demonstrating the stability of the cohabitation.

Once obtained, the permit for family reasons allows the foreign national to reside legally in Italy and to work, thereby facilitating a path toward stable integration. However, since the legal basis of the permit is precisely the cohabitation with the Italian family member, the possible termination of this condition may be assessed by the authorities at the time of renewal.

In conclusion, the residence permit for family members of Italian citizens within the second degree represents an important tool for the protection of family unity. The kinship tie is certainly an essential element, but it is the real and demonstrable cohabitation that constitutes the decisive requirement for obtaining and maintaining this residence status.

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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.