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 get 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 “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.
Download the Free “4-Step Strategy” HERE
Any question?
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Hi Lara i have a question. I have a half brother with whom I share a mother. I assume he qualifies as a second degree family member ?
Yes, he does.
Hi Lara, Im a filipino citizen. My family is in Italy already. My mother is staying for almost 10 years she will get her Italian Citizenship next year 2020. Now my filipino sisters flew 3years ago to study and reside in Italy. My sister has work already and wants to invite me thru sponsorship tour visa. Should I wait for my mothers Italian citizenship or go accept the invitation of my tourist sponsorship visa by my sister? By the way, Im married and flying with my son to have vacation in Italy. Thanks Lara for the answer.
You may consider that, even after ten years of residence, your mother may have to wait 4-5 more years until she will actually obtain Italian citizenship because the Italian government has no priority to process applications in a less long time. So, once you are in Italy on a tourist visa (up to 90 days), there is no possibility to extend your stay on account of your mother. Unless you can stay with some other family member who has Italian citizenship.
Hi Lara please i have a question to ask you.please my wife is from Cezech republic and we married here in Italy after my marriage applied for visa which the gave me 5years residents permit and it has been expired which I’m renewing now and my marriage is going to 6 years and me and my wife have been living here in Italy since then my question now is can i be allow to apply for Italian citizenship this year. Thank you please I wait for your response so that i can apply
That depends on your nationality. If you are a citizen of a State member of the European Community, you can apply for citizenship after four years of residence. For this and other cases you may want to check the law at Article 9 of the Italian Nationality Act in English.
Hi Lara. My parent is an italian citizen and i am 34 yrs old. Is it possible that italian embassy here in the philippines to issue me a short term visa?
Yes, based on your parent’s invitation. You can check the information (Dichiarazione di ospitalità, download here)
Hello
My sister is an italian citizen and she is planning to invite my parents over via tourist visa. But someone is saying they would not be given visting Visa except she do family reunion for them. pls is this true?
That is not true. Family members of Italian citizens can obtain both long term and short term visa, provided that they are formally invited by letter. Please check the additional information on this page with a link to the form Invitation letter signed by the Italian citizen (Dichiarazione di ospitalità).
Great information, thanks! Please send me the steps and list.
Please send me more information. Thanks!