It is widely known that family members of an Italian (or EU) citizen, have a right of residence in Italy, like the souse and children. However, it is less known that other family members like siblings, adult children, grandparents and grandchildren, irrespective of their nationality, can be granted long-term residency in Italy.
The key is that Italian law forbids to remove from the country a family member within the second degree of an Italian citizen (Article 19 Section 2C of the Italian Aliens Act, Decreto legislativo of July 25th, 1998 no. 286). That is because the family is a very important unit of human society and enjoys ultimate protection by the Constitution of the Italian Republic.
Parents, grandparents, adult children, brothers and sisters are all included among the protected family members who cannot be returned to their country of origin or any other. These family members are eligible for a residence permit in Italy according to Article 28 of Implementing Regulation of 31 August 1999 no. 394.
NOTE: This regulation applies only to the non-EU family members of Italian citizen. It does not apply to the non-EU family members of persons holding the citizenship of other EU member states.
Advantages
A permit for family reasons is called “Permesso di soggiorno per motivi familiari”:
- it gives access to full health care coverage on a par with Italian citizens, work, study, and perform any other legal activity in Italy
- it has a 2-year duration
- it can be renewed an unlimited number of times
- in case the application is rejected, the family member can obtain justice through a less long and expensive process at the local Tribunal instead of the regular application process at the Administrative Court.
Disadvantages
It is a dependent residence permit. That means that it depends on the Italian citizen. In principle, a family member may lose the residence permit in case the Italian citizen in the family changes address moves to another country, or dies.
Moreover, cohabitation with the Italian citizen is required. Residency is granted as long as the family member lives at the same address as the Italian citizen. So if the Italian citizen moves to another address or wants the family member out of the house, the family member may lose not only the home but also their very residence permit. In practice, the Italian authorities will reject the request to renew the residence permit.
A family member with such a dependent residence permit may not qualify for a permanent residence permit. That is a residence permit that can be granted after a 5-year stay in Italy to non-Italian citizens who can provide for themselves (called “Permesso dell’Unione Europea per soggiornanti di lungo periodo“). It enables to access the work market and services of any other EU member state and settle down there. This residence permit is valid only in Italy. It does not give access to residence in other European states.
How to obtain an independent residence permit
Even in case of loss of a family residence permit (or rejection of its renewal), there are possibilities to obtain another residence permit. A sister or an adult child, for example, may end the cohabitation with the Italian citizen. In these situations, the law provides that the family member may obtain an independent residence permit if they prove that she has a job, a business or a scholarship (Article 30 section 5 of the Italian Aliens Act, Decreto legislativo of 25 July 1998 no. 286).
The application is to be submitted directly to the Immigration police office of the Italian citizen’s area of residence (not by the mail, no regular kits for residence permits application).
Which family members are entitled to this residence permit?
These are family members within the second degree, according to Italian law:
- Siblings
- Parents
- Grandparents
- Children of any age
- Grandchildren of any age
NOTE: Cousins, nieces/nephews, in-laws, de facto partners, foster children, and any other family member not listed above are not family members within the second degree, according to Italian law. So they are not included in the regulation that we are discussing in this blog post.
VISA
Italian law does not provide a right or the possibility to obtain a visa for long-term residence to family members of Italian citizens. Rather, it forbids their removal from Italy once they are in the country.
What does that mean, in practice? A sibling (or aunt/uncle) who is a national of a country whose citizens need a visa to enter the Italian/European territory may most probably be denied a visa for family members. The solution is to apply for a short-term visa, i.e. a visa for a short-term stay in Italy/Europe for max 90 dyas. These short-term visa are the same throughout Europe (the Schengen Area). So you may get one from the Consulate of any European state that is a member of the Schengen Agreement (e.g. Belgium, France, Germany, Holland, Sweden, Spain…). The visas issued by the Consulates of any of those countries give access to all member states, including Italy.
Long-term Residency
Once in Italy, the family member shall register their arrival to the Immigration police within 8 days (“Dichiarazione di presenza“) and then apply for a residence permit for family members. They will do so by showing the local immigration police (Questura) the original vital records proving the family link (e.g. a sister will show her original birth record showing that she has the same parents as the sister who is an Italian citizen). Another important requirement is to live at the same address as the Italian citizen.
Would you like to know more?
Download the Free Guide “4-Step Strategy” to obtain a residence permit for family members, complete with the official forms: Invitation statement by the Italian citizen for the family member to show at the border (or to obtain an entry visa, where applicable): Dichiarazione di alloggio e garanzia
- “Dichiarazione di ospitalità” to be submitted to the immigration police within 48 hours
- “Dichiarazione di presenza” to be submitted to the immigration police within 8 days
+ the list of documents required by the police for the application.
Any question?
You are welcome to follow me on Istagram: drop me a question or message there!
More on this subject:
Are you a family member to an Italian citizen? Obtain your visa to Italy in 3 steps
Is your family member an Italian Citizen? Get your 5 years residence card
I’ve applied to residency permit as a brother of an italian citizen but I’ve left italy before obtaining (the appointment for fingerprints was in september 2024)it with only ricevuta and expired tourist visa will I face any problems re-entering italy with ricevuta? Will I be able to apply for another EU visa while I have a pending application in italy with no problem?
Hi, Oussama! As long as your receipt is still valid, you can return to Italy directly from your country. For more information, check my article here. Alternatively, you may apply for a short-term visa (Schengen visa). I suggest to apply to the Consulate of another state of the Schengen area and not of Italy. Applying for a new short-term visa at an Italian Consulate can be problematic now that you made clear that you seek long-term residence with your previous application for a long-term residence permit.
My brother is italian citizen and I have got permesso di soggiorno of 3months and It got expired on Feb 10 and applied it again with all the documents of my brother and it is for carta di soggiorno UE familiare i wanted to know will I get it
Hello, Mazhar! As a sibling to an Italian citizen, it is likely that you are not getting a 5-year “Carta di soggiorno UE” (Residence Card UE), rather a 2-year “Permesso di soggiorno” (Residence Permit). That is because the law provides the latter for family within the 2nd degree. The former is for other family, like spouse and children. You are welcome to discover more about the differences in my article here. But don’t worry: if you submitted the right documents for the Cart di soggiorno, these will go as well for a “Permesso di soggiorno”. So you don’t risk to have to repeat your application process. You are welcome to follow me on IG and drop me a comment or message 🙂 ⭐️
Hi I have Italian nationality my mom have unlimited residence permit if I want to move to swiss can I bring my mom with me
Yes, as a European Union citizens you may establish your residence in Switzerland along with your family, including your mother.
I have a carte di sorggiorno lasting 5 years. I want to request reunification with my biological daughter who is an adult living in the USA. She has a social anxiety disability and cannot hold employment due to this. Therefore she is dependent on me. Will this allow for approval of her Nulla Osta for family reunification?
In this scenario, the Italian authorities will ask you to present formal documents that confirm your daughter’s condition and her dependence on you. Obtaining medical certificates detailing her disability would be a strong approach. Wishing you strength and good luck in this process.
Hi lara.
My name is altamash
my brother is an italain citizen and I have premmeso di soggiorno (motivi familiare) for 2 years can i move with my brother to Germany and apply for residence to live and work in Germany. Your kind response will be helpfull thank you
Hello, Altamash! Unfortunately that’s not possible. The right to residency for family members of Italian citizens is provided by Italian national law and is not part of a common regulation in Europe. There is no such possibility of residence in Germany or other European countries for siblings of Italian citizens. Youa re welcome to follow me on IG and drop me a comment or message 🙂 ⭐️
i have an uncle in italy and he is a citizen and i got a visa to portugal from morocco is there any way he can do to help me obtain a residency in italy
Regrettably, no. In Italian law, an uncle is considered a third-degree relative. Residency for family members of Italian citizens is only given to relatives up to the second degree. You can determine the degree of kinship by tracing from one relative to the common ancestor (without counting the ancestor) and then to the other relative. For your situation: you (I), your parent (II), then to the shared ancestor (Grandfather/mother: not counted), and finally to the uncle (III – son of the grandfather/mother).
Please, I would like to know, my brother who is an Italian citizen wants to obtain a permit for family reasons for me, who’s to apply? I or my brother?
You will apply on your name and show a sponsorhip statement (“Dichiarazione di alloggio e garanzia”) signed by your brother. You will find that form and a lot of other useful information in the free Guide “4-Step Strategy”. Download it for free at this page. Find that and even more free resources at this page.