The new two-year residence requirement in Italy for family reunification

Italian immigration law has recently introduced a significant change that directly affects the right to family reunification for non-EU citizens. Starting in December 2024, a new time requirement has been introduced: to begin the ordinary family reunification procedure, a foreign national residing in Italy must prove that they have held a residence permit for at least two years.

In the past, it was possible to apply for reunification even immediately after obtaining the first residence permit. Today, however, the legislator has chosen to make this right conditional on a minimum period of stability in Italy, with the aim of strengthening control over migration flows and ensuring greater solidity in the sponsor’s life project.

The new requirement applies both to the traditional family reunification procedure, which involves the issuance of the clearance (“nulla osta”) and a visa for family reasons, and to the so-called family cohesion procedure, used in cases where the family member can enter Italy with a short-term visa or without the need for one, depending on their country of origin. In both cases, the length of the sponsor’s legal residence becomes a central element in the evaluation of the application.

However, there is an important alternative that allows applicants to avoid the two-year waiting period: the accompanying family member procedure. This option allows family members to enter Italy at the same time as the sponsor who has obtained a national visa for work—including employed work, self-employment or digital nomad status—study, or investment. In these cases, the migration plan is assessed in its family dimension from the outset, without imposing a period of separation.

The legislation also provides for several important exceptions. Minor children are not subject to the two-year requirement, nor are EU Blue Card holders and workers transferred to Italy under an intra-company transfer pursuant to Article 27-quinquies of Legislative Decree 286/98. These are categories for which the right to family unity is protected also under European legislation.

From a practical standpoint, the new regulatory framework requires more careful consideration from those planning to apply for a visa to Italy. The decision to relocate alone or with family, as well as the procedure to be activated, now becomes a key strategic element. Proper planning makes it possible to avoid long waiting times and to manage the move in a way that is more consistent with personal and family needs.

In conclusion, the two-year residence requirement represents a significant change in the Italian family reunification system. While it introduces stricter conditions, the legislation continues to offer alternative solutions and exemptions which, if properly assessed, allow the right to family unity to be preserved even within the new regulatory framework.

Your Way to Italy: our assistance

Our team is available to provide support and assistance regarding italian citizenship and immigration law! Contact us to schedule your first consultation! #Yourwaytoitaly

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.