What family members can an Italian citizen bring to Italy?
According to Article 2 of Legislative Decree 30/2007, the following categories are defined as family members:
- the spouse or partner (union registered with the authorities);
- direct descendants under the age of 21 or dependent and those of the spouse;
- direct dependent ascendants and those of the spouse/partner (registered partnership).
What types of residence permits can family members of EU citizens access?
According to current legislation, there are three distinct categories of residence permit that a family member of an EU citizen can access, namely:
- If you are a family member of an EU citizen or a static Italian citizen (i.e., who has not lived in other EU States), you can apply for the Residence Card for family member of an EU citizen, according to DL 30/2007, Art. 10 and 14.
If you are a family member of an Italian citizen, there are two options:Â - If you meet the “dependent” requirement, that is, you are supported economically by the Italian citizen, and the Italian citizen has lived in other EU States, you can apply for the aforementioned Residence Card.
- If you do not meet the “dependent” requirement or, if you are a family member beyond the first degree, you can apply for a Residence Permit as a family member of an Italian citizen, according to Article 19 of the TUI.
All these permits allow the family member to carry out work activities in Italy.
Please note that the class of residence permit is granted by the Police Headquarters based on documentation provided. Therefore, it is possible that a Residence Card may be applied for but a permit for a family member of an Italian citizen may be issued if the requirements are not met.
How to apply for an EU Family Member Residence Card Italy
Applications for residence cards can be submitted within 90 days of applicants’ entry into Italy. This is valid whether they cross the border on a tourist visa or on a special D visa for family members of EU citizens.
In fact, remember that family members of EU citizens (see above for definition) accompanying or joining an EU citizen are entitled to obtain a visa on a priority basis and free of charge.
The application for a residence card can be submitted through a postal kit at authorized post offices.
How long does EU Family Member Residence Card Italy last?
The duration of the residence permit varies according to the type issued by the relevant police headquarters.
The Residence Card is valid for five years, after which it is possible to apply for an EU Long-Term Resident Permit.
On the other hand, the EU Family Member Residence Permit is valid for a maximum of two years, renewable.
What documents to submit for EU Family Member Residence Permit Italy?
The documents to be submitted for the two types are similar, namely:
- Postal kit duly filled out
- Valid passport
- Stamp duty (€16.00)
- EU citizen’s certificate of civil registration with an Italian municipality
- Family bond documentation (if produced abroad, it must be duly apostilled and translated)
- Declaration of cohabitation
- Declaration of dependency, where applicable
Following submission of the documentation, the post office will make an appointment for biometric surveys at the territorially competent police headquarters.
Renewal of EU Family Member Residence Card Italy
The renewal procedure requires the applicant to resubmit the documentation provided in the first application. In fact, the authorities are responsible for verifying that the economic and emotional bonding conditions of the first application still exist.
For Residence Card holders with five-year validity, a EU Long-Term Resident Permit can be applied for at renewal.
Italian family member permit holders will have to wait until they have lived in Italy for a continuous period of 5 years before they can apply for this type of permit.