New regulations regarding the Carta di Soggiorno: Permit of Stay for Non-EU family members of EU Citizens

Dec 01, 2023

Carta di Soggiorno: Permit of Stay for Non-EU family members of EU Citizens

New rules for the Carta di Soggiorno: Permit of Stay for Non-EU family members of an EU Citizen: As of August 2023, the Italian Government introduced a new law (no. 103/2023) setting forth a distinction between:

• non-EU family members of EU citizens living in an EU country other than their country of origin; and 

• non-EU family members of EU citizens still living in their country of origin. 

The distinction has been implemented in Art. 23 of Legislative Decree 30 of 2007 and sets forth that the first category (non-EU family members of EU citizens living in an EU country other than their country of origin) remain authorized to obtain the so-called “Carta di Soggiorno” a permit of stay for Non-EU family members of EU Citizens residing in Italy pursuant to Art. 10 and 14 of Legislative Decree 30 of 2007, which is valid for 5 years. 

• This permit of stay can be renewed for an additional 5 years or converted, if the requirements are met, into a Permanent residence card for family members of EU citizens valid for 10 years (Art. 14 of Legislative Decree 30 of 2007)

On the other hand, non-EU family members of EU citizens still living in their country of origin will be issued with another kind of permit of stay for family reasons, governed by Art. 5, comma 8, of Legislative Decree 25 July 1998, n. 286. 

• This permit of stay for family reasons is still valid for 5 years and can be renewed or converted into a permit of stay for work reasons, as long as the requirements for either option are met, but cannot be converted into a Permanent residence card for a family member of EU citizen. The non-EU citizen shall be entitled to apply for the EU long-term residence permit (art.9 of Legislative Decree 25 July 1998, n. 286) as long as the requirements for that permit are met.

Non-EU nationals who are married to an EU citizen (or those who are in an attested Domestic Partnership) qualify for a permit of stay for family reasons. 

How to get a Carta di Soggiorno in Italy?

The preliminary requirements to support the application are:

• Being in possession of an apostilled Marriage certificate or a Domestic Partnership certificate, issued by the competent national authority (or of an Italian extract of said certificates)
• Being in possession of an adequate house in Italy (a lease contract is fine)
• Being in possession of adequate financial means to support themselves
• The EU spouse must be registered as a resident of Italy

Once in possession of the supporting documents duly notarized, legalized, and/or apostilled, the EU spouse can register his/her Residency in Italy and procure a residency certificate while the non-EU spouse can proceed with filing his/her Permit of Stay (carta di soggiorno) at the local post office. 

After filing the application, the non-EU spouse will be given:

• an application receipt allowing him/her to remain in Italy post the tourist allowance while waiting for the permit of stay card to be issued 
• an invitation letter to attend the “fingerprints” appointment at the local police office

Within a couple of months of the fingerprint appointment, the permit of stay will be approved and the non-EU spouse must visit the local police office one last time to collect the permit of stay card.

As a very last step, the non-Eu spouse in possession of the permit of stay card can register his/her residency with the local Italian town hall.

Benefits of a Carta di Soggiorno

• It has longer validity (5 years) compared to other kind of Permit of Stay 
• It allows working activities with no limitations
• It’s less expensive than another kind of permit to stay 
• It allows the foreigner to stay out of the Country for up to 6 months per year
• Being valid for 5 years, it can be converted into a Permanent Permit of Stay after its expiration 

The information provided in this article (i) does not, and is not intended to, constitute legal advice; (ii) is for general informational purposes only and may not constitute the most up-to-date legal or other information.

Marco Sarracino

Marco Sarracino has over 10 years of experience assisting companies and private clients with their relocation to Italy. He is an experienced Immigration Consultant with professional skills in Immigration Law, Global Mobility, Corporate Law, and Visas. He is fluent in Italian and English.

Related posts:

Non-EU family members of EU citizens living in Italy: what happens if the principal does not have an income in Italy? Italy: Long-term residence permit and permit for family members of EU citizens Residence permit for family members How can the NON-EU Spouse of an EU CITIZEN live in Italy? Carta di Soggiorno and its Benefits