In another guide we have already covered family reunification between a foreign national and an Italian citizen, the entry visa for family members of EU citizens and family cohesion with an Italian citizen directly in Italy.
In this guide, I explain what the residence card for family members of EU citizens is, how to obtain and renew it, and how to apply, after 5 years of legal residence, for the permanent residence card for family members of Italian citizens.
Which laws govern the residence card for family members of EU citizens?
The main law governing family reunification with an Italian or EU citizen and the residence card for family members of EU citizens in Italy is D.Lgs. n. 30 of 2007 (Legislative Decree 30/2007), entitled “Implementation of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States”.
It sets out the principles from which circulars and court rulings were later produced, which have partly regulated, and are still clarifying, the details of the more unusual cases, as we will see below.
Of course, D.Lgs. 25 July 1998, n. 286 (Testo Unico Immigrazione, TUI, the Consolidated Immigration Act) also contains important provisions on the subject, in particular Article 19, which prohibits the expulsion of certain family members of Italian citizens, who are entitled to a permesso di soggiorno (residence permit).
Which family members are entitled to the EU residence card?
The first requirement for applying for the residence card as a family member of a Union citizen is to check the family relationship between the foreign national and the EU citizen.
Article 2 of D.Lgs. n. 30 of 2007 defines the following as “family members” of a Union citizen:
- the spouse;
- the partner with whom the Union citizen has contracted a registered partnership on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
- the direct descendants who are under the age of 21 or are dependants, and those of the spouse or partner;
- the dependent direct relatives in the ascending line (parents, grandparents) and those of the spouse or partner referred to above.
Article 3 then extends the right. The host Member State, in accordance with its national legislation, facilitates the entry and residence of the following persons:
- any other family member, irrespective of nationality, who, in the country they come from, is a dependant or a member of the household of the Union citizen, or where serious health grounds strictly require the Union citizen to personally care for them;
- the partner with whom the Union citizen has a durable, duly attested relationship.
The difference between Article 2 and Article 3 may seem subtle, but it has serious consequences.
In the first case, there is an absolute right (except on grounds of public security and public policy) to family unity. In the second case, entry is simply facilitated.
In practice, if the foreign family member is still abroad, in the first case the entry visa is guaranteed, while in the second case it is not. Only if they are already in Italy can the Questura (police immigration office) also issue these people a residence permit as a family member of an Italian citizen.
Residence card for the spouse of an Italian citizen
The right to family unity between spouses is among the most strongly protected. By submitting the appropriate documents, as I explain below, the tourist visa or the new visa for family reunification with an Italian citizen is guaranteed.
Even if the Italian citizen has no income at all, instead of the residence card for family members of EU citizens a residence permit for family members of Italian citizens under Article 19 is issued.
If, on the other hand, you are not married but only engaged to an Italian citizen, you may be entitled to a residence permit for family cohesion with an Italian citizen on the basis of de facto cohabitation, as I explain in detail in this other guide.
What is the Article 19 residence permit for family members of Italian citizens?
This key article of the Italian TUI, in particular Article 19(2)(c) of D.Lgs. 25 July 1998 n. 286, states that “expulsion is not permitted for foreign nationals who live with relatives up to the second degree, or with their spouse, of Italian nationality”.
I would stress once again that this specific provision does not grant any particular right of entry into the country but, only where they live together, relatives up to the second degree who live with the Italian citizen are also granted a residence permit as a family member of an Italian citizen under Article 19.
This is therefore not the residence card for family members of EU citizens, which is reserved for the family members we saw above, but a specific Italian residence permit.
The degrees of kinship are as follows:
- First degree: parents and children;
- Second degree: grandparents, grandchildren, brothers and sisters.
These family members, only if they live with the Italian citizen, are issued a residence permit for family cohesion with an Italian citizen.
What are the requirements for the residence card for family members of EU citizens?
The requirements for obtaining the residence card for family members of EU citizens are not very strict: except in the case of dependent family members, no income is required to join any of the other family members.
Neither a housing suitability certificate nor health insurance is required.
The main requirement is therefore the existence of the family relationship, which must be proven with the appropriate documents.
Which documents do you need for the residence card for family members of EU citizens?
For family members of EU citizens, Article 10 of Directive 2004/38/EC lists the documents required for the issue of the EU residence card:
- a valid ordinary passport;
- a passport-size photograph;
- a €16 marca da bollo (revenue stamp);
- the registry registration certificate of the EU family member, or the identity card if they are an Italian citizen;
- documents proving the family relationship: if issued abroad, they must be translated into Italian, or be multilingual, and legalised by the Italian Embassy or Consulate, or bear an apostille if they come from a country that is party to the Hague Convention;
- a declaration of cohabitation and financial support;
- where applicable, documents proving dependency on the family member legally residing in Italy and their income.
Only a parent over 65 who is not dependent on the Italian citizen must take out health insurance for the residence card to be issued, or another suitable document guaranteeing cover for all risks in Italy, or voluntary registration with the Servizio Sanitario Nazionale (National Health Service).
What is the difference between a “static” and a “mobile” citizen?
Recent amendments to D.Lgs. n. 30 of 2007 introduced a distinction between static and mobile citizens.
A static Italian citizen is one who has never lived in another EU country. A mobile Italian citizen, and of course a citizen coming from another EU State, is one who has previously lived in another Member State of the Union.
Residence permit for family members of a static Italian citizen
The residence permit for family cohesion with a static Italian citizen is valid for 5 years. It was introduced by Decreto Legge (Decree-Law) n. 69/2023 to implement obligations arising from European Union acts, and it is renewable and convertible into a residence permit for work.
The family members who can obtain it are the same as those discussed above. The only difference from the residence card for family members of EU citizens or mobile Italian citizens is that it is a national residence permit, so there are some limitations on mobility within the EU.
Residence card for family members of a Union citizen or a mobile Italian citizen
The residence card for family members of a Union citizen is valid for 5 years and, for adults who have acquired the right of permanent residence, it can be renewed as a permanent residence card for family members of Italian citizens, which is valid for 10 years.
Please note that the residence card for family members of EU citizens issued in paper format is no longer valid since 3 August 2023 and must be replaced with the electronic format.
What is the procedure for the first residence card?
The timing of the procedure depends on the situation:
- family members of EU citizens who enter with the new long-stay national visa for family reunification with an Italian citizen (type D visa) must apply for the residence permit for family members of Italian citizens within 8 days of entry;
- family members of EU citizens who entered Italy for other reasons, for example for tourism with or without a tourist visa, and who therefore do not hold the family reunification visa, can apply for the residence card for family members of a Union citizen after three months from entry;
- family members of EU citizens who are already legally resident on another basis can apply for the residence card for family members of EU citizens at any time.
In all cases you will need to fill in the kit postale (application kit available at post offices) or book an appointment directly on the PrenotaFacile platform. At some Questure you can go to the offices in person to request an appointment.
What should you do when your foreign family member arrives in Italy?
Remember that the first step, namely the declaration of presence to be handed in to the Questura, is only required for foreign nationals who cross the border coming from a Schengen country and do not receive an entry stamp.
For those arriving directly from non-EU countries, the declaration of presence is considered fulfilled by the entry stamp placed in the passport by the Border Police.
Do not forget, however, to make the declaration of hospitality within two days of starting to host the foreign national, as well as the cessione di fabbricato (notice of property occupancy), both of which must be stamped by the Questura.
What is the permanent residence card for family members of Italian citizens?
After 5 years of legal residence in Italy, the family member of an EU citizen is entitled to renew the EU residence card as a permanent residence card for family members of mobile Italian citizens and EU citizens.
The indefinite residence card for family reasons is valid for 10 years.
The permanent residence card for family members of Italian citizens allows you to move freely within the EU but, to be allowed to work, you must check the rules of each Member State.
The permanent residence card for family members of Italian citizens can be obtained earlier than the ordinary five-year term in certain circumstances:
- retirement;
- permanent incapacity to work;
- working in another Member State.
What is the new national visa for family members of EU citizens?
The national visa for family reunification with an Italian citizen has recently been reintroduced. Those who wish to enter Italy to apply for a residence permit as a family member of an Italian citizen will therefore have to apply for this long-stay (type D) visa and no longer a simple tourist visa.
This visa is valid for 365 days, allows multiple entries, is issued free of charge under Article 5(3) of D.Lgs. 30/2007 and is processed with priority over other types of visa.
Remember that the visa for family members of Italian citizens does not require the nulla osta (work/entry clearance) from the Prefettura.
What happens if you receive a notice of refusal for the residence card?
If you do not meet the requirements, or the documents submitted lack relevant information, the Questura may refuse to issue the residence card as a family member of an EU citizen.
Usually, you are sent a notice of refusal under Article 10 bis, which gives you 10 days to respond with the appropriate documents and show that you meet the requirements.
Once the 10 days have passed, you may receive a refusal of the residence permit for family members of Italian citizens.
What if the residence card for family reasons is refused?
The refusal of the residence card for family members of EU citizens is a final decision which is usually issued after a notice of refusal.
In this case, especially if you have already received a removal or expulsion order, your only option is to appeal to the Court. For this you need lawyers who specialise in this area.
Our advice is to submit correct applications from the very start, ideally with the help of professionals, to avoid wasting time and making potentially fatal mistakes.
Need help with your application? Contact SH Immigration Specialists.
This content provides general information and does not constitute legal advice.
