Residence rights, obtaining visas and residence permits for same-sex couples in Italy

Italy has made significant progress in protecting the rights of same-sex couples since the introduction of civil unions in 2016. Although same-sex marriage is not recognised in the same way as in other countries, Italian law allows same-sex couples to obtain certain residence rights and stay permits in the country.

Civil unions and residence rights

Since the adoption of the civil unions law in 2016, same-sex couples can formalise their relationship under the framework of the "Formazioni Sociali Specifiche". This status confers on spouses rights and obligations similar to those of marriage, albeit with certain limitations, such as the prohibition of adoption.

A key aspect of civil unions is that the foreign spouse of an Italian citizen or of a foreign citizen legally resident in Italy has the right to apply for a residence permit for family reasons. This permit allows legal stay in the country and grants access to benefits similar to those of heterosexual spouses.

Residence for foreign spouses

If a foreign citizen has a same-sex partner and this person legally resides in Italy, the foreign spouse can apply for a residence permit based on family reasons. To do so, the relationship must be duly registered and recognized by the Italian authorities.

The residence permit grants the foreign spouse the right to reside and work in Italy, provided that the relationship is legally documented. In this regard, Italy aligns itself with European regulations protecting the rights of same-sex couples.

De facto couples and residence in Italy

In addition to civil unions, Italy recognizes de facto couples under the figure of "Convivenza per vincoli affettivi". To qualify as a de facto couple, the couple must prove that they live together and share a stable material and personal bond.

Conclusion

Italy has recognized and granted certain residence rights to same-sex couples, albeit with significant differences between civil unions and de facto couples. While civil unions guarantee a residence permit for foreign spouses, de facto couples face more restrictions in this area. In any case, Italy continues to make progress in the inclusion and legal recognition of same-sex relationships in the context of migration and residence.

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The content of this article is intended to provide general guidance on the subject. For questions or particular cases you should seek specialized advice according to your specific situation.