From Reunification to Cohesion: Navigating the Path to Family Reunion in Italy (PART 2)

Which Family Members Can an Italian Citizen Bring Into Italy?

Italian citizens, as well as EU citizens residing in Italy, have the right to bring certain family members to Italy under the framework established by both Italian and European Union law. The primary legal framework governing this process includes the Italian immigration law (Testo Unico sull'Immigrazione - Legislative Decree No. 286/1998, Legislative Decree 30/2007) and EU directives, particularly 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.

Family Members Eligible for Entry and Residence:

According to these laws, the following family members of an Italian or EU citizen can be brought into Italy:

1. Spouse: The legally married partner of the Italian or EU citizen. Same-sex spouses should also be recognized following the evolving EU law and its interpretation by the Court of Justice of the European Union, although practices may vary and should be verified with current guidelines.

2. Registered Partners: Depending on the application of EU law, registered partners in a partnership considered equivalent to marriage in the country where it was formed might also be eligible.

3. Dependent Children: This includes children under the age of 21 or older children who are still dependents. It applies to both the children of the Italian/EU citizen and those of their spouse or registered partner. This is a great difference when it comes to Family Reunification which imposes the children must not be 18 or over  at the time of processing. 

4. Dependent Direct Relatives in the Ascending Line: Parents or grandparents of the Italian/EU citizen or their spouse/partner, provided they are dependents.

In some cases, the Italian law may also extend the possibility of entry and residence to other relatives if it can be demonstrated that they are dependents or are living under the same roof as the Italian/EU citizen in the country of origin, or if serious health grounds strictly require the personal care of the family member by the Italian/EU citizen.

Legal Procedures and Requirements:

The process of bringing a family member to Italy involves several steps, including the submission of an application and documentation to prove the relationship and the dependency or health condition, if applicable. Additionally, the Italian/EU citizen must demonstrate sufficient economic resources to support the incoming family members and adequate housing conditions.

Is Nulla Osta Required?

No! For family members of Italian citizens (or EU citizens residing in Italy), the procedure for entering Italy generally does not require a "nulla osta" (entry clearance) that is typically necessary for non-EU citizens seeking to live in Italy under various other circumstances, such as work or study.

Under EU law, particularly Directive 2004/38/EC, family members of EU citizens have the right to move and reside freely within the Member States. This directive applies to Italy and simplifies the process for family reunification for EU citizens and their family members, aiming to promote mobility within the Union. When implementing this directive, member states, including Italy, usually require documentation proving the family relationship (such as marriage certificates, birth certificates, proof of dependency, etc.) rather than a separate entry clearance or "nulla osta."

However, the situation might be different for family members of non-EU citizens residing in Italy, where a "nulla osta" for family reunification is typically required. This document is issued by the competent Italian immigration authorities and confirms that the family reunification criteria (e.g., adequate housing, sufficient economic resources) have been met.

It's also worth noting that while the process for family members of Italian (or EU) citizens is generally more straightforward, it still involves administrative procedures, such as registering their presence with the local authorities upon arrival and obtaining a residence card for non-EU family members, to formalize their right to live in Italy.

Is Visa Required?

Whether family members of Italian or other EU citizens need a visa to enter Italy depends on their nationality and the type of passport they hold.

1. Family Members from Non-EU Countries: If the family members are non-EU nationals, they generally require a visa to enter Italy. However, according to the circular by the Ministry of Interior on 8th August 2013, they are entitled to an expedited and free process for obtaining an entry visa for family reasons, thanks to their relationship with an EU/Italian citizen. The specific type of visa they need to apply for is a "Visa for Family Reunification" or a "Schengen Visa" (type C) for shorter stays, depending on the duration and purpose of their stay in Italy.

2. Family Members from EU Countries: If the family members are EU nationals, they do not require a visa to enter Italy. They have the right to free movement within the EU, which includes the right to enter and reside in any EU member state, including Italy, under relatively simple and straightforward conditions.

Procedure for Non-EU Family Members:

For non-EU family members, the process typically involves applying for the visa at the Italian consulate or embassy in their country of residence. The application must be accompanied by documentation proving the family relationship (such as a marriage certificate or birth certificate) and the EU/Italian citizenship (certificate of citizenship) of the family member they are joining.

Upon arrival in Italy, non-EU family members of Italian or EU citizens must then apply for a residence card for family members of Union citizens ("Carta di Soggiorno per familiari di un cittadino dell'Unione"). This card is proof of their legal status and right to reside in Italy. Valid for 5 years and subsequently permanent upon renewal.

Exceptions and Special Cases:

- Visa Exemptions: Some non-EU family members may be exempt from the visa requirement based on their specific nationality or if they hold a residency card as a family member of an EU citizen issued by another EU member state. These exceptions are based on agreements between the EU and certain non-EU countries as well as specific EU regulations.

Accomodation And Income:

When an Italian or other EU citizen seeks to bring non-EU family members to Italy, there are certain requirements related to accommodation and income that must be met, although these requirements are generally less stringent than those applied to non-EU citizens applying for family reunification. The goal of these requirements is to ensure that the incoming family member will have a stable living environment and will not become a burden on the state’s social assistance programs.

Accommodation Requirements

The Italian or EU citizen must demonstrate that they have suitable accommodation for the family members they intend to bring to Italy. The accommodation must meet certain health and safety standards set by Italian law. These standards are often based on the minimum living space and hygiene conditions deemed necessary for the number of occupants. Local municipalities may have specific requirements, so it's advisable to check with local authorities regarding what constitutes adequate housing in a particular area.

 Income Requirements

The Italian or EU citizen must also prove that they have sufficient income to support their family members without resorting to the state’s social assistance. The required income level typically depends on the number of family members to be supported and is usually indexed to the annual social allowance (assegno sociale) or another benchmark defined by Italian law. The income can come from various sources, including employment, self-employment, pensions, and possibly rental income or other stable financial resources.

The exact income threshold can vary each year based on updates to the social allowance and cost of living adjustments. Additionally, the required income may be adjusted based on the number of family members being supported, with a higher total income required for larger families.

Documentation and Verification

Applicants will need to provide documentation proving they meet these accommodation and income requirements. This could include property deeds or rental agreements for housing and tax returns, payslips, or bank statements for income.

It's important to note that while the principles behind these requirements are consistent, the specific criteria and documentation required can vary. Procedures may also change over time or be applied differently in various regions or municipalities.

N.B Given the complexity of immigration laws and the potential for changes in regulations, it's advisable to consult the latest information from official sources or seek legal assistance for the most current procedures and requirements.

It's important to note that laws and regulations can evolve, and practices may vary slightly based on local interpretations by Italian consulates and immigration offices. Therefore, it is advisable to consult the latest available sources or seek legal advice when planning to bring a family member to Italy.