A foreign national who lives in a stable relationship with an Italian citizen can obtain from the Questura (police immigration office) a residence card as a family member of a European Union citizen, under Article 3 of Legislative Decree no. 30 of 2007, even without being married. They must prove a stable relationship with official documents, such as the cessione di fabbricato (property occupancy notice) and the dichiarazione di ospitalità (declaration of hospitality), because without a permesso di soggiorno (residence permit) it is not possible to register with the anagrafe (municipal population register) and record the de facto cohabitation.
Guide updated in October 2026.
Is family unity with an undocumented foreign national possible only between spouses, or also between unmarried partners?
In this official guide we explain how to obtain a residence permit for de facto cohabitation with an Italian citizen and how to prove cohabitation without registered residence for an unmarried couple made up of an Italian and a foreign national.
What rules govern cohabitation agreements and unmarried couples of an Italian and a foreign national?
As always, let’s start by identifying the rules that govern de facto cohabitation with a foreign national who does not have a residence permit.
Law no. 76/2016 (the Legge Cirinnà, Italy’s law on civil unions and cohabitation) defines de facto cohabitants as “two adults stably united by emotional ties as a couple and by mutual moral and material assistance, who are not bound by kinship, affinity or adoption, by marriage or by a civil union”.
It is Art. 27 that raises the problem, as “To establish stable cohabitation, reference is made to the registry declaration”. Therefore, belonging to the same registered household is a fundamental prerequisite for registering de facto cohabitants. In practice, you must be registered with the anagrafe.
What is the difference between de facto cohabitation and a cohabitation agreement?
Many people confuse the various definitions, but it is important to know that de facto cohabitation, or an unmarried couple, is a legal status that arises from the moment two people live together on a stable basis and have an emotional relationship.
Then, according to Art. 1, “de facto cohabitants may regulate the property relations relating to their life together by signing a cohabitation agreement”.
Art. 52 then states that “the professional who received the deed in public form or who authenticated the signature pursuant to paragraph 51 must, within the following ten days, send a copy to the Municipality of residence of the cohabitants”.
From this we can conclude:
- Registration with the anagrafe, i.e. registered residence, is required to establish de facto cohabitation;
- The cohabitation agreement is not a prerequisite for de facto cohabitation, but an additional tool the couple can use, if they wish, to manage property matters more effectively.
It is no coincidence that terminating the cohabitation agreement does not end the de facto cohabitation. The cohabitation ends if one of the partners moves away, dies, marries or enters into a civil union, or by a voluntary decision of the parties.
Can you sign a cohabitation agreement with a non-EU national?
Signing a cohabitation agreement with a non-EU national is therefore not the prerequisite for establishing an unmarried couple of an Italian and a foreign national; quite the opposite.
So let’s look at how to establish de facto cohabitation with a foreign national without a residence permit and obtain a residence permit for cohabitation.
How can you prove cohabitation without registered residence?
In light of the above, it is clear that, despite the countless appeals lodged in recent years, neither the courts nor the legislator have been entirely clear, but the principle still holds that the anagrafe cannot register the residence of a foreign national without a residence permit or a receipt for the permit application.
It is nonetheless possible to prove cohabitation without registered residence to the Questura with documents such as the cessione di fabbricato and the declaration of hospitality. Any other document that helps to prove the emotional relationship is certainly useful.
Can you register de facto cohabitation with a foreign national without a residence permit?
In short, it is not possible to register de facto cohabitation with a foreign national who does not have a residence permit. The residence permit for cohabitation between an Italian citizen and a foreign national must be assessed directly by the Questura, which issues a residence permit for family reasons.
Only afterwards can residence be registered and de facto cohabitation with the foreign national be established and, if desired, a cohabitation agreement with the non-EU national be signed.
What about an unmarried couple of an Italian and an undocumented foreign national?
All sorts of things happen in practice: from lawyers trying to persuade registry offices that they must register a cohabitation agreement with a non-EU national who has no residence permit, to Questure asking the registry office to register the person so that the de facto cohabitation can be “certified”.
The Ordinary Court (Tribunale Ordinario) of Bologna, with order no. 21280 of 03/02/2020, upheld the appeal of a foreign woman whose residence permit for cohabitation had been refused by the Questura; in doing so, however, it referred to Art. 3 of Legislative Decree 30/2007 (which implements the European directive), which does not require registration with the anagrafe but official documentation proving the stable relationship.
Interpretations may differ but, in my view, a cohabitation agreement does not legitimise de facto cohabitation (it is the other way round) nor can it be signed before a lawyer unless de facto cohabitation already exists, which requires registration with the anagrafe.
The application of Art. 3 of Legislative Decree 30/2007 is beyond question, but it cannot take place at the registry office. It is the Questura that must establish the existence of stable cohabitation, and it will have to rely on the only official documentation available at that point, namely the cessione di fabbricato and the declaration of hospitality.
This will remain the case until circulars are issued, as happened for the reacquisition of Italian citizenship, stating unequivocally that, where the existence of an emotional relationship is self-declared, residence can be registered and, consequently, de facto cohabitation with a foreign national without a residence permit can be recorded.
What documents do you need for a residence permit for cohabitation with an Italian citizen?
The residence permit for cohabitation with an Italian citizen is a residence card for family members of EU citizens issued under Art. 10 of Legislative Decree 30/2007.
It is issued by the Questura which, as we have seen, should approve the residence permit for cohabitation with an Italian citizen even if the unmarried couple has not been registered with the Municipality.
The documents required are:
- valid passport;
- identity documents of the Italian citizen;
- cessione di fabbricato;
- declaration of hospitality;
- declaration of financial support (dichiarazione di mantenimento);
- tax return of the Italian citizen;
- 4 passport-size photos;
- €16 marca da bollo (revenue stamp).
How does family unity work for an undocumented foreign national?
Family unity for an undocumented foreign national is a broad topic that deserves more in-depth discussion. The routes available depend on the degree of kinship, on whether the relative in Italy is an Italian citizen or a foreign national, on how long the foreign national has been in Italy and on whether they entered regularly or irregularly.
I have written a dedicated guide on family unity with an undocumented foreign national when the family member is Italian, which helps you understand whether to apply for the residence card for family members of EU citizens or for a residence permit under Art. 19 of the TUI (Testo Unico Immigrazione, the Consolidated Immigration Act).
If the family member in Italy is a foreign national, you may need to follow the standard family reunification procedures, as explained in this in-depth guide.
Is there a fiancé(e) visa for Italy?
Although they are entitled to the residence permit for cohabitation, unmarried partners are not entitled to the visa for family reunification with an Italian citizen, but they benefit from facilitated entry.
A fiancé(e) visa for Italy therefore does not exist. A tourist visa (where required) is enough to then obtain the residence permit for cohabitation with an Italian citizen.
This content provides general information and does not constitute legal advice.
