Residency rights of non-EU family members of an Italian national
Residency rights of non-EU family members of an Italian national: Non-EU family members up to the second degree of kinship of an Italian national living in Italy (which includes parents, grandparents, children, grandchildren, as well as brothers and sisters) have special protections under Italian law, allowing them to reside in Italy.
This right is grounded in Article 19, paragraph 2, letter c) of the Italian Immigration Law, which provides a legal safeguard for these close family members, who cannot be deported and can obtain a 2 years family permit.
How does the application process work?
The application must be submitted in Italy, with the foreign family member already present on a tourist visa or residence permit. The process primarily involves providing documented evidence of the familial relationship and proof that the family member is living with their Italian relative.
Italian authorities also often conduct home visits to verify that family members genuinely live together as required.
What are the benefits of this family residence permit?
The permit is fundamentally based on the ongoing cohabitation with the Italian citizen, which must be consistently proven and maintained. However, it offers significant advantages. For instance, once granted, the family permit allows the holder to work in Italy. Furthermore, if the holder meets certain eligibility criteria, this permit can eventually be converted into a work permit, offering greater flexibility and long-term stability. Family permit holders may later change status in-country, allowing them to stay in Italy without needing to live with their Italian relative.
In summary, this law helps close family of Italian nationals secure residence in Italy, offering protection and future independence.
It should be noted that non-EU family members of Italian nationals (as family of a citizen of the European Union) are also covered under Directive 2004/38/EC, which has been transposed into Italian law by Legislative Decree No. 30/2007. Article 23 of Legislative Decree No. 30/2007 addresses family members of Italian nationals who are not EU citizens, introducing a distinction between Italian nationals who have exercised their mobility rights within the EU and those who are residing in Italy (i.e., “mobile” citizens versus “static” citizens).
