In December 2024, the Italian government implemented stricter requirements for family reunification applications submitted by foreign nationals residing in the country. With the exception of individuals holding residence permits for international protection, foreign nationals are now required to complete two continuous years of legal residency (not clear if the law refers to both having the residence permit card since 2 years or also being registered with the City Council for the same period) in Italy before applying for family reunification for eligible family members, including spouses, disabled adult children, and parents under specific conditions. Notably, minor children under 18 remain eligible for reunification without the two-year residence requirement.
Family members accompanying the applicant
The possibility of entering Italy with the family members accompanying procedure remains allowed notwithstanding the new rules. In fact, the law allows filing an entry clearance application for family members of foreign national holders of a one-year entry visa for subordinate work or for self-employment, or for study or religious purposes. The procedure should be started before the main applicant enters Italy and it requires a power of attorney from the main applicant to a person residing in Italy, who can apply for the entry clearance for family members on behalf of the foreigner. Once the entry clearance is issued, family members apply for the family visas at the Italian consulate and then travel to Italy with the main applicant to start the in-country registration procedures.
Also, entry with accompanying family members is possible for investors visa holders (therefore if entering at the same time as the investor visa holder, the 2 years waiting period does not apply)
Are there any exceptions?
EU Blue Card, ICT transfers, Researchers: For researchers, holders of an EU Blue Card residence permits and those with ICT residence permits (Article 27- quinquies, directive 2014/66/UE), the law allows family reunification regardless of the duration of the residence permit. We expected authorities to include these categories among the exceptions, however we have received contradicting information from different authorities on the matter and in the end, it seems that also for this residence permit holders the 2-year rule applies when it comes to family reunification.
Family permits in Italy can be granted via one of three available procedures:
- Accompanying family members (familiari al seguito): for entry at the same time as the main applicant, further to the issuance of a family entry clearance to a delegate of the main applicant (notarised power of attorney required). The main applicant must be in possession of a one-year entry visa for subordinate work or for self-employment, or for study or religious purposes. This applies to investor visa holders as well. Once the clearance is issued, family members apply for a family visa at the Italian consulate in country of residence before travelling to Italy together with the main applicant to start registration formalities and apply for the residence permit.
- Family reunification (ricongiungimento familiare): for entry once the main applicant has already established in Italy. Main applicant must apply for a family clearance further to which family members can obtain family visas and travel to Italy to join the main applicant and start the in-country registration formalities and apply for the residence permit. According to the new rules, this procedure can be started only after the main applicant has completed 2 continuous years of legal residence in Italy
- Family cohesion/on-site family reunion (coesione familiare/ricongiungimento in deroga): same as family reunification, this process can now be started only after 2 years of main applicant’s legal and continuous residence in Italy. Under this process, family members enter Italy as tourists and apply for a family residence permit directly in Italy, without obtaining a family visa first.
