Residence permit for family members within the second degree of Italian citizens

The article 19, paragraph 2, letter c) of Legislative Decree no. 286/1998, in conjunction with Article 28 of Presidential Decree no. 394/1999, establishes that the expulsion of a foreigner who lives with relatives within the second degree or with a spouse of Italian citizenship cannot be ordered.

This means that family members within the second degree have the right to remain in Italy and can apply for a residence permit.

Who are family members within the second degree?

• first degree: parents and children

• second degree: brothers, sisters, grandparents and grandchildren (children of children)

Therefore, cousins ​​or nephews (children of brothers/sisters) are not part of the circle of family members within the second degree.

Requirements for obtaining a residence permit

To apply for a residence permit as a relative within the second degree of an Italian citizen, the following requirements must be met:

• Family relationship: there must be a family relationship within the second degree with the Italian citizen that can be demonstrated by official documentation (birth certificates, for example) duly legalized/apostilled and translated into Italian

• Cohabitation: it is necessary for the relatives to live permanently in the same home

• Support: the Italian citizen must demonstrate that he or she can financially support the foreign family member at least until the permit is issued

Cohabitation: a fundamental requirement

After the application has been submitted, the Police will carry out periodic checks at the home to verify actual cohabitation.

Cohabitation must be effective: the applicant must have their own space, personal belongings, and concrete evidence demonstrating their actual residence in the indicated home. If cohabitation is not real or is not confirmed during the checks, the Police Headquarters may refuse to issue the permit.

In fact, the right to remain in Italy does not depend only on family ties, but also on actual cohabitation; if the latter is lacking or is found to be false, the foreigner may be expelled again.

Your Way to Italy: our assistance

Our team is available to provide assistance in the procedures for requesting a residence permit for family members within the second degree and, in general, on issues of Italian law regarding immigration and citizenship! #YourWaytoItaly

The content of this article is intended to provide general guidance on the subject. It is necessary to seek specialist advice in relation to your specific situation.