In December, the Italian government implemented stricter requirements for family reunification applications submitted by foreign nationals residing in the country. With the exception of individuals holding residence permits for international protection, foreign nationals are now required to complete two continuous years of legal residence in Italy before applying for family reunification for eligible family members, including spouses, disabled adult children, and parents under specific conditions. Notably, minor children under 18 remain eligible for reunification without the two-year residence requirement.
Family members accompanying the applicant: The possibility of entering Italy with the family members accompanying procedure remains allowed notwithstanding the new rules. In fact, the law allows filing an entry clearance application for family members of foreign national holders of a one-year entry visa for subordinate work or for self-employment, or for study or religious purposes. The procedure should be started before the main applicant enters Italy and it requires a power of attorney from the main applicant to a person residing in Italy, who can apply for the entry clearance for family members on behalf of the foreigner. Once the entry clearance is issued, family members apply for the family visas at the Italian consulate and then travel to Italy with the main applicant to start the in-country registration procedures
EU Blue Card and ICT transfers: For holders of an EU Blue Card residence permits and those with ICT residence permits (Article 27- quinquies, directive 2014/66/UE), family reunification is not subject to the two-year residence requirement. Special provisions apply, allowing family reunification regardless of the duration of the residence permit.
Investors: For investors visa holders, entry with accompanying family members remain possible (therefore if entering at the same time as the investor visa holder, the 2 years waiting period does not apply)
Accompanying family members (familiari al seguito): for entry at the same time as the main applicant, further to the issuance of a family entry clearance to a delegate of the main applicant (notarised power of attorney required). The main applicant must be in possession of a one-year entry visa for subordinate work or for self-employment, or for study or religious purposes. This applies to investor visa holders as well. Once the clearance is issued, family members apply for a family visa at the Italian consulate in country of residence before travelling to Italy together with the main applicant to start registration formalities and apply for the residence permit.
Family reunification (ricongiungimento familiare): for entry once the main applicant has already established in Italy. Main applicant must apply for a family clearance further to which family members can obtain family visas and travel to Italy to join the main applicant and start the in-country registration formalities and apply for the residence permit. According to the new rules, this procedure can be started only after the main applicant has completed 2 continuous years of legal residence in Italy
Family cohesion/on-site family reunion (coesione familiare/ricongiungimento in deroga): same as family reunification, this process can now be started only after 2 years of main applicant’s legal and continuous residence in Italy. Under this process, family members enter Italy as tourists and apply for a family residence permit directly in Italy, without obtaining a family visa first.
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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