Residency rights of non-EU family members of an Italian national: Non-EU family members up to the second degree of kinship of an Italian national living in Italy (which includes parents, grandparents, children, grandchildren, as well as brothers and sisters) have special protections under Italian law, allowing them to reside in Italy.
This right is grounded in Article 19, paragraph 2, letter c) of the Italian Immigration Law, which provides a legal safeguard for these close family members, who cannot be deported and can obtain a 2 years family permit.
The application must be submitted directly within Italy, and the foreign family member should already be present in the country, whether on a tourist visa or under another type of residence permit. The process primarily involves providing documented evidence of the familial relationship and proof that the family member is living with their Italian relative.
To ensure the cohabitation requirement is genuinely met, it is common for Italian authorities to conduct a home visit to verify that the family members are indeed living together as claimed.
The permit is fundamentally based on the ongoing cohabitation with the Italian citizen, which must be consistently proven and maintained. However, it offers significant advantages. For instance, once granted, the family permit allows the holder to work in Italy. Furthermore, if the holder meets certain eligibility criteria, this permit can eventually be converted into a work permit, offering greater flexibility and long-term stability. Therefore, looking to the future, holders of this family permit may even have the opportunity to change their residency status through an in-country process, which could eventually enable them to remain in Italy without the requirement of living with their Italian relative.
In summary, this legal provision offers a valuable opportunity for close family members of Italian nationals to secure their stay in Italy, providing both protection and the potential for greater independence over time.
It should be noted that non-EU family members of Italian nationals – as family members of a citizen of the European Union – are also covered under Directive 2004/38/EC, which has been transposed into Italian law by Legislative Decree No. 30/2007. Article 23 of Legislative Decree No. 30/2007 addresses family members of Italian nationals who are not EU citizens, introducing a distinction between Italian nationals who have exercised their mobility rights within the EU and those who are residing in Italy (i.e., “mobile” citizens versus “static” citizens).
Giuditta Petreni has over 10 years of experience in assisting companies and business investors with relocation of managers and staff to Italy. Giuditta has extensive experience advising corporate and private clients on a full range of Italian immigration categories. She is fluent in Italian and English.
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New regulations regarding the Carta di Soggiorno: Permit of Stay for Non-EU family members of EU Citizens
