Visa for family members of Italian/EU citizens: how to reunite foreign family members with Italian or EU citizens

Family reunification with an Italian citizen or a citizen of the European Union allows foreign family members to move to Italy in order to live together with their family unit. As of 1 June 2024, the procedure has undergone significant changes with the aim of aligning Italian legislation with European principles regarding the protection of family life.

The amendment to Article 23 of Legislative Decree 30/2007 introduced a new system for long-term entries: a foreign family member who intends to settle in Italy no longer has to apply for a tourist visa, but may request a national visa for family reasons.

The national visa for family reasons

The new visa is issued to family members of Italian or EU citizens who intend to stay in Italy for more than three months. It is valid for 365 days and allows multiple entries into Italian territory. Furthermore, it is issued free of charge, as provided for by Article 5, paragraph 3, of Legislative Decree 30/2007.

For this procedure, it is not necessary to obtain authorization (“nulla osta”) from the Immigration Single Desk (“Sportello Unico per l’Immigrazione”). However, once they enter Italy, the foreign family member must apply for a residence permit for family reasons within eight days of entry.

Who can benefit from family reunification

The right mainly applies to the spouse of an Italian or EU citizen, the registered partner when recognized as equivalent to marriage under the applicable legislation, direct descendants under the age of 21 or dependent on the Italian/EU family member, and direct ascendants who are also financially dependent.

Certain special situations provided for by Italian law are also included, such as adopted minors, adoptive parents, and minors under guardianship or permanent foster care pursuant to Law 184/1983.

Requirements and necessary documents

To obtain the visa, it is necessary to prove the family relationship and the intention of the Italian or EU citizen to reunite with their family member.

The application must be accompanied by a declaration from the family member residing in Italy, a copy of their identity document, and documentation proving the family relationship, such as marriage or birth certificates. Documents issued by foreign authorities must be translated and legalized according to the applicable rules.

Where required by law, the foreign family member’s financial dependency must also be demonstrated through appropriate documentation.

Stays of less than three months

For family members who intend to accompany or join an Italian or EU citizen for periods of less than three months, the rules on short stays continue to apply.

In these cases, a tourist visa with preferential and free treatment may be requested, provided that the family relationship is proven. Anyone who does not fall within the category of family members provided for under Article 2 of Legislative Decree 30/2007 will be assessed according to the standard procedures for tourist visas.

After entering Italy: application for a residence permit

After arriving in Italy with a family reasons visa, the applicant must submit an application for a residence permit within eight days.

The application is generally submitted through the postal application kit available at authorized post offices and must include the passport, the national visa, and documentation confirming the family relationship with the Italian or EU citizen.

The receipt of the application allows the family member to legally remain in Italy until the procedure is completed and the residence permit is issued.

Family members exempt from entry visa requirements

In some cases, a foreign family member may enter Italy without applying for a visa if their country benefits from a visa exemption regime for short stays.

Spouses and certain relatives up to the second degree who live together with Italian citizens may directly apply for a residence permit for family reasons, provided they prove both the family relationship and actual cohabitation with the Italian citizen.

This possibility is provided for by Article 28 of Presidential Decree 394/1999 and allows the person’s status to be regularized directly within Italian territory.

The 2024 reform therefore changed the process for family reunification by introducing the national visa for long-term entries and strengthening the protection of the right to family unity of Italian and European Union citizens.

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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.