How can the siblings or aunt/uncle of an Italian citizen obtain residence in Italy?
It is widely known that family members of an Italian (or EU) citizen, have a right of residence in Italy. The spouse, the parents, the minor children and even the parents and children of an Italian citizen’s spouse can obtain a 5 years residence card.
However, it is less known that other family members like siblings, adult children, aunts, and uncles, irrespective of their nationality, can be granted a residence permit and settle down in Italy.
The key is that law forbids to remove from Italy a family member within the second degree who live with 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, siblings, adult children, aunts, and uncles 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 for 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. 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, or moves to another country or dies.
Cohabitation with the Italian citizen is required. So if the Italian citizen moves to another address or wants the family member out of the residence, the family member may lose the 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 which 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 brother 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 she proves that she has a job, or 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 filed in 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 (any age)
> grandchildren (any age)
NOTE: Cousins, nieces/nephews, in-laws, 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 on this blog post.
VISA
The law only forbids their removal from Italy once the family member is in the country. It does not provide a right or the possibility to obtain a visa for long term residence to family members of Italian citizens.
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 shall be denied a family visa for family members.
The solution is to apply for a tourist visa, i.e. a visa for a short-term stay to Italy/Europe. 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 by showing the official vital records proving the family link (f.e. a sister’s birth record showing that one or both ner parents are also the parents of the concerned Italian citizen).
Would you like to know more?
Tell us if you are interested and place your comment below. As soon as your comment is approved, you will receive in your email box for free
- The 4-step strategy to obtain a residence permit for family members, complete with the official list of documents required by the police for the application and
- the official form for an invitation letter which facilitates your visa application ( to be signed by the Italian citizen).
Are you interested in obtaining a residence permit for family members?
You may request a private consultation to evaluate if you are eligible and to devise a clear strategy to obtain a residence permit for family members in Italy.
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
Hi,
The information provided this site is very valuable.
Kindly advise regarding my situation.
I’m 30 years old.Married from srilanka and my father got italian citizen last week.
please advise me how can i get residence card in italy based on my fathers citizenship.
Since you are more than 21 years old, you are not entitled to a 5 years residence card, unless you prove that you depend on your father and cannot work for serious reasons (e.g.health-related). But you may obtain a 2-years residence permit as explain in the article above.
Hello Lara. I am seeking Dual Citizenship from the United States. I am the granddaughter of 4 Italy citizens. I am using my paternal line and am trying to get an appointment with the Italian Consulate in New York. I have tried for 5 months and have been unsuccessful. I am going back to Italy in May and will get my grandparents birth certificates. I am eligible for JS. I would like to apply in Italy for my DC and have a place to stay for unlimited time. If I have all my documents apostilled and translated should I apply for a VISA for my self and my husband?
In principle, the reply is yes. However, there are variables and alternatives which should be considered in order to devise the right strategy and secure your citizenship in Italy. You may contact us and request a private consultation if you need help with that.
Can I gain Italian citizenship through my adult daughter who is an Italian citizen?
It doesn’t work like that. Please check the Italian Nationality Law in English here.
Hi Lara, Please my name is Musah and i came to seek asylum in Italy but i have been rejected, Please i have a nieces here in Italy who is a citizen [ my elder sister daughter ] Please can she apply a family document for me. thank you
No, the rule explained in the article above applies to family members to the first and second degrees. An uncle is a family member of the third degree. You should seek other avenues to obtain a right to stay.
Hi Lara
We have a foster child with a tourist visa. How do we apply for a longer stay for him?
That depends on your citizenship status and on your foster child’s age. If you have the Italian citizenship or are citizens of another European Union or EEA member state and live in Italy, you can obtain a family residence permit based on an official document stating the foster child status from the country of origin. We can help with that.