The family members of Italian citizens, irrespective of their nationality, have a full right to reside in Italy in the long term.

Starting from August 11, 2023, Italy has introduced a dedicated type of residence permit that affects how family members of Italian citizens get their residence status, depending on where they lived before coming to Italy. It is called “Permesso di soggiorno per familiari di cittadini italiani” or FAMIT.

Here’s the deal:

Did you live in Europe before?

If you’re a family member of an Italian citizen and you lived in another EU country before moving to Italy, you’re eligible for a Residence Card (Carta di Soggiorno). This is the same type of card that all family members of EU citizens in Italy receive. It’s a nice perk because it recognizes your EU residency history and simplifies your status in Italy.

Are you coming directly from outside the EU?

For those who didn’t live in an EU country before coming to Italy, there’s a new type of residence permit called “FAMIT.” This is specifically designed for family members of Italian citizens. Whether you’re coming directly to Italy or from a non-EU country, the FAMIT is your key to establishing residency here.

Both the Carta di Soggiorno and the FAMIT are valid for 5 years. They’re renewable, which means you won’t have to worry about your status year after year. Plus, if you find yourself working and wanting to stay in Italy based on your job, both can be converted into an independent work-based residence permit.

This change aims to streamline the process and make sure everyone who moves to Italy as a family member of an Italian citizen has a clear path to residency, whether they’re coming from within the EU or beyond.

Long-Term Residency vs. Short-Term

Beware that long-term residency is not self-evident for family members in Italy. The general rule is that non-EU nationals are only temporarily admitted to stay in Italy, depending on the grounds for their stay. Even the family members of Italian citizens are often granted residency for a period up to 2 years. Their right to stay depends on the residence of the Italian citizen. If the family splits, or the Italian citizen leaves the country or dies, the family member may lose their residency, especially if they have no job or substantial means for their maintenance.

Residency Security in Italy

For those seeking stability in their residence status, securing a 5-year residence permit or card is crucial. Additionally, if you are in Italy as the spouse or same-sex registered partner of an Italian citizen, you can apply for Italian citizenship after three years of marriage or partnership. It’s also essential to ensure that your stay in Italy is financially independent and legally secure.

Residing in Italy with the Italian citizen is key for family members to get residency in Italy. Read here to understand exactly what this means in practice.

Employment Opportunities in Italy

Holders of either a Carta di Soggiorno or a FAMIT permit enjoy the flexibility to work in Italy. This includes employment under contract, freelancing, or even remote work for a company based outside of Italy. You can also establish your own business. Typically, access to work or business in Italy is limited and requires application for a quota set annually by the government, based on labor market needs. However, family members of Italian or EU nationals have the distinct advantage of unrestricted access to the job market, reflecting Italy’s commitment to family unity.

Independent Right to Reside in Italy

The Carta di Soggiorno and FAMIT are considered “dependent” residency permits, intended for family members accompanying an Italian or EU national. If the Italian or EU national leaves Italy or the family relationship ends, the dependent’s right to these permits ceases.

However, if you are employed, have a business, or are financially independent in Italy, you may convert your dependent residency permit into an independent “permesso di soggiorno per motivi di lavoro” (work-based residency permit), according to Article 23 of the Italian Legislative Decree of February 6, 2007, no. 30. Similarly, students can secure their stay by transitioning to a student residency permit.

Transitioning to Permanent Residency

After living in Italy for five years on a dependent residency permit, you are eligible to apply for a permanent residence permit as per Article 14 of LD no. 30/2007. This permit offers indefinite validity and is only retractable if you leave Italy for two consecutive years.

The Best Option: Permanent Residence Permit

For family members, the permanent residence permit is the optimal choice. It grants indefinite stay in Italy regardless of income, employment, or health status. In contrast, other types of permits, such as those for work or study, are temporary and contingent on continuing the activity (work or study) that initially qualified you for the permit. While a Carta di Soggiorno or a FAMIT also offers a longer duration (five years), it depends on your relationship with an Italian or EU family member. Therefore, obtaining a permanent residence permit is highly advantageous as it ensures long-term security and independence in Italy.

Would you like to know more?

Read everything you need to know about the smart residency options for family members in Italy:

Unlocking Italy: Residency Options for Families of Italian Nationals

Family Members of Italian Citizens: How to Obtain a Residence Permit (complete with FREE Step-by-Step Guide!)

Residence Card vs. Residence Permit: Which is Best for Family of Italian Citizens?

 

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