Italian residence permit for non-EU family members of EU citizens

Which family members can an Italian citizen bring to Italy?

According to Article 2 of Legislative Decree No. 30/2007, the following categories are defined as family members:

• The spouse or partner (union registered with the authorities);

• Direct descendants under 21 years of age or dependent descendants, including those of the spouse;

• Dependent direct ascendants, including those of the spouse/partner (registered union).

Which residence permits are available to family members of EU citizens?

According to current legislation, there are distinct categories of residence permits available to family members of EU citizens, namely:

• If a family member of an EU citizen (or of an Italian citizen who has exercised free movement), it is possible to apply for a Residence Card for Family Members of EU Citizens, pursuant to Articles 10 and 14 of Legislative Decree No. 30/2007.

• If a family member of an Italian citizen, the applicable residence permit depends on whether the Italian citizen has exercised the right to free movement within the European Union:

  • If the Italian citizen has lived in another EU Member State and exercised the right to free movement, eligible family members may apply for the aforementioned Residence Card, provided that the applicable family relationship and dependency requirements are met.

  • If the Italian citizen has not exercised the right to free movement within the EU (a so-called “static” Italian citizen), non-EU family members may apply for a Residence Permit for Family Reasons, pursuant to Article 23(1-bis) of Legislative Decree No. 30/2007. This permit is valid for five years, renewable and convertible into a work residence permit.

  • In addition, Article 19(2)(c) of the Consolidated Immigration Act (TUI) provides protection against expulsion for foreign nationals cohabiting with an Italian spouse or with Italian relatives within the second degree of kinship. The possible issuance of a residence permit on this basis depends on the applicable legal requirements.

All these residence permits allow family members to work in Italy.

Please note that the type of residence permit is determined by the Police Headquarters (Questura) based on the documentation provided. Therefore, it is possible that an applicant requests a Residence Card but is instead issued a Residence Permit for Family Members of Italian Citizens if the relevant requirements are not met.

How to apply for a residence permit or residence card for family members of EU citizens?

The application for a residence card can be submitted within 90 days of the applicant’s entry into Italy. This applies whether they cross the border with a tourist visa or with a specific Type D visa for family members of EU citizens.

Please note that the first 90 days generally correspond to the initial period of stay during which family members of EU citizens may reside in Italy without obtaining a residence card. For stays exceeding three months, eligible non-EU family members must complete the applicable residence formalities under Legislative Decree No. 30/2007. The specific application requirements and deadlines should be verified with the competent Questura, particularly for family members of Italian citizens who have not exercised free movement rights.

It should be remembered that family members of EU citizens (see the definition above) who accompany or join an EU citizen are entitled to obtain a visa as a priority and free of charge.

The application for a residence card can be submitted through a postal kit at authorised post offices.

How long is the residence permit for family members of EU citizens valid?

The validity of the residence permit varies depending on the type issued by the competent Police Headquarters (Questura).

The Residence Card is valid for five years, after which it is possible to apply for an EU Long-Term Residence Permit.

On the other hand, the Residence Permit for Family Members of EU Citizens is valid for a maximum of two years and can be renewed.

For non-EU family members of Italian citizens who have not exercised free movement rights, the Residence Permit for Family Reasons issued under Article 23(1-bis) of Legislative Decree No. 30/2007 is valid for five years and is renewable.

Which documents are required for a residence permit for family members of EU citizens?

The documents required for the two types of residence permits are similar, namely:

1. Duly completed postal kit;

2. Valid passport;

3. Revenue stamp (€16.00);

4. Certificate of registered residence of the EU citizen with an Italian municipality;

5. Documentation proving the family relationship (if issued abroad, duly apostilled and translated);

6. Declaration of cohabitation;

7. Declaration of financial dependency, where applicable.

Following submission of the documentation, the post office will schedule an appointment for the collection of biometric data at the territorially competent Police Headquarters (Questura).

Costs

The application for a Residence Card or Residence Permit for Family Members of EU or Italian Citizens may involve the following administrative costs:

• EUR 16 for the revenue stamp (marca da bollo);

• EUR 30.46 for the production of the electronic residence card or permit;

• EUR 30 postal handling fee, if the application is submitted through an authorised post office.

For residence cards issued under Legislative Decree No. 30/2007, the ordinary residence permit contribution generally does not apply. Different rules or exemptions may apply to other types of residence permits.

Applicants should verify the applicable fees and submission procedure with the competent Questura or authorised post office before filing the application.

Renewal of the residence permit for family members of EU citizens

The renewal procedure requires the applicant to resubmit the documentation provided during the initial application. In fact, the authorities are responsible for verifying that the financial conditions and family ties established at the time of the initial application still exist.

Holders of a Residence Card valid for five years may apply for an EU Long-Term Residence Permit upon renewal.

Holders of a Residence Permit for Family Members of Italian Citizens must wait until they have lived continuously in Italy for five years before they can apply for this type of permit.