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 lives 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 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 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 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 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, 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 (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 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 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 in 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?
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.
Free 4-STEP STRATEGY for family members
My husband and I have dual citizenship, American and Italian. We want our niece, the daughter of my sister to come to Italy and live with us. By your article above, she does not qualify as a family member under the second degree rule. Is there some other way we can sponsor her to come her? She is 25 years old.
There is no sponsorship program for family members. The possibilities are to offer accommodation and financial support for your niece to obtain a visa for attending a study course/vocational training, or to offer employment (au pair?), or to help her find an employer in Italy. You may check the official information here: https://vistoperitalia.esteri.it/home/en
Hi Lara,
My story is actually very interesting and I’m hoping you can help. I had a family permesso di soggiorno which expired in 2019. Before that, i moved with my italian citizen mother to the Uk. I don’t know if i will be allowed entry into italy since my soggiorno has expired. My step dad who also has citadinanza in italy still lives and works in italy and is still married with my mother. Just that they are in different countries. Im currently in the Uk but i want my italian document. Can i apply for another residence since my step dad is still there? And will i be allowed to enter italy with my old permesso`? What can i do please?
That is an interesting situation. It applies to several families in our age of mobility and global work opportunities. Having a residence permit in Italy while you actually live in the UK can give you considerable advantages, such as access to health care and services in both countries and easier traveling back and forth. However, the residence permit is meant for the people who actually reside in Italy. Being registered as a resident both in Italy and in the UK can result in complications, such as tax obligations in both countries and conflicts with the Health care agencies. In any case, you may request a residence card from the Italian immigration office of the province in which your stepfather resides. That is a straightforward procedure for applicants up to 21 years of age. If you are order, you have to prove that you depend on your stepfather for your living. Find out more information here: Is your family member an Italian Citizen? Get your 5 years residence card
Hello Lara, thank you for the amazing article.
My wife & 2 child daughters are Latvian citizens, I’m currently now on a family residence permit in Latvia…
We are planning to move our small business with us to Italy, mainly for warmer climate.
My main concern that I would love to bring my father and step-mother to live with us, can they get a family residence in Italy on my Latvian wife?
They can. It is necessary to prove that your wife and you together dispose of sufficient financial means to support the whole family, including your parents. You also have to prove that you dispose of suitable housing for your whole family. All family members, including your parents, must be registered at the same address in Italy. Check the information in this article: it also applies to the family members of Latvian citizens. Is your family member an Italian Citizen? Get your 5 years residence card
My Sister is an italian citizen by marriage to an italian. They want me to join them for a long term. I need advice on how and where to start the process and all information i require. Thank You. My name is (Name omitted for privacy protection) from Ghana-West Africa.
The first step is to make sure you have an official birth record in full form, translated into Italian and legalized by the Italian Consulate in your country of residence. That will show the names of your parents. It is necessary that at least one of the parents matches your sister’s. The Italian authorities have the birth records of all Italian citizens. Your birth record will prove that you are siblings to the Italian authorities.
At the same time, you can make an appointment with the Consulate to obtain an entry visa and visit your sister. A type C visa (to Italy or to any other Member State of the European Union) of the European Union will do. That is a visa for the reason of visiting family/tourism for a stay of up to 90 days.
Once in Italy, you will apply for a 2-year (renewable) residence permit as a family member of an Italian citizen.
hi lara.
my sister is Italian citizen.can she call me in itay and how
tnx
She can help you obtain a visa as a family member to an Italian citizen. Please find more information about it here: a family visa for family members
My sister has the Italian nationality and has a residence in Italy, she lives in UK now, but she visits her house in Italy from time to time, she doesn’t have work in Italy and she applied for unemployment benefit in Italy.
Is she able to make me a residence permit when I arrive at her place in Italy ?
I mean the fact that she doesn’t have work in Italy and she applied for unemployment benefit in italy and she is currently based in UK will make a problem ?
Hello Zakaria! As a family member of an Italian citizen, you have a right to obtain a residence permit, irrespective of your sister’s income. This said, you may consider that the Italian law provides a punishment of imprisonment from 1 to 5 years + a fine from 309 to 1,549 euros for falsely stating to be unemployed and obtain benefits while in fact being employed (even in another country). The specific offense is called “truffa ai danni dello stato” (Fraud against the State).
Hello, I’m from Somalia and i just moved to Italy. I was a refugee in libya and u her took me to Italy, so can I bring my brothers to Italy from somalia?
According to Italian law, only Italian citizens have a right to obtain a residence permit for siblings.
Hey Lara,
First thing first thank you for helping people by answering every question 🙏🏻
I’m a Moroccan cadet pilot willing to travel to france to convert my licenses up to EU standards, and I’m planning to work for a EU company like Ryanair or wizz air … they require the “unrestricted right to live and work in EU”.
My sister has an italian nationality, could she help me with that “unrestricted right to live and work in EU” after entering EU by visa ?
Yours sincerely,
She may do that, if she lives in Italy and you can register your residence at her address. You need to obtain a visa to Italy (even a short term) and prove to the Italian authorities that you are her brother by way of official birth records in full form. The goal is to obtain a 2-year residence permit for family reasons (permesso di soggiorno per motivi familiari) which gives access to work and is renewable in the long term.
My father’s nephew, my brother is a resident of Italy. Can I go to Italy through him for work …?
The regulation described in the article on this page only applies to the family members of Italian citizens. Unfortunately, it does not apply to the family members of non-Italian citizens residing in Italy. So if your family members are not Italian citizens, you cannot obtain a visa or a residence permit.