For family members, deciding between a Residence Card and a Residence Permit can significantly impact their daily experiences and future in Italy. We grasp the gravity of such a decision and aim to guide you in making the most informed choice for your family.

The “Carta di Soggiorno”/FAMIT – A Simplified Stay for Families

The Residence Card/FAMIT (Carta di Soggiorno), acts as a five-year pass, letting family members of Italian and EU citizens fully immerse in Italy’s beauty. Here’s the lowdown:

• Eligibility: Its reach is broad. Beyond the spouse, children up to 21, or parents of the Italian/EU citizen, it also includes the parents and children of the non-Italian/EU spouse
• Application Process: Crafted for ease, the application fee is just € 47. Though the law indicates a 30-day processing timeframe, occasional administrative delays can occur. It’s prudent to plan for a possible extension
• The Freedom Factor: The Carta di Soggiorno ensures you can enjoy Italy uninterrupted, without the recurring hassle of renewals, for a solid five years
• Income Requirement: To secure a Residence Card, applicants need to show an income that assures self-sufficiency. The law doesn’t pinpoint an exact figure, but typically, a combined income of around €2,000 a month for two people is the benchmark.
• For Parents: The journey to a Residence Card for parents and grandparents has a few twists. They need to provide documentation proving financial support from the Italian citizen for at least a year. This often leads them to the “Permesso di Soggiorno” initially. But after this year, transitioning to a Residence Card is achievable with an Italian income report confirming their financial dependence on their child or grandchild in Italy.

Reference: Articles 2, 3 , 4, 7, 23 of Legislative Decree of February 6, 2007 no. 30

For Parents and grandparents and other family members

For family members other than the spouse and children of an Italian citizens can obtain a 5-year residence card (FAMIT) provided that they prove to be financially dependent on the Italian citizen.

Providing evidence can be difficult. In lack of other convincing evidence, the Immigration police (Questura) requests the Italian citizen’s tax report including evidence of dependent family members. Only family members who have lived with the Italian citizen in the previous year can be included in the tax report.

The “FAMIT”: 5-year Residence Permit for family of Italian citizens

Since August 11, 2023, Italy has updated its residency regulations for family members of Italian citizens, introducing a tailored approach based on prior residence. Family members arriving from another EU country are eligible for a Residence Card (Carta di Soggiorno), aligning them with other EU citizens’ families in Italy. Meanwhile, those coming directly or from outside the EU will receive the “FAMIT,” a special 5-year Residence Permit specifically for Italian citizens’ family members. Both options have  a duration of 5 years, are renewable and can transition to a work-based residence permit, ensuring a smoother path to residency for all family members, regardless of their previous home.

All information regarding the Residence Card above apply to FAMIT applicants.

Need a visa?

FAMIT applicants are encouraged to request a visa for entry clearance as of June st, 2024. According to information published on some Italian Consulates’ websites, a national visa for 365 days would be mandatory for ALL non-EU family members of Italian citizens who reside outside of Europe (Schengen Area) and want to move to Italy. Even those who are allowed to enter Italy and the Schengen area visa-free for short stays, should obtain such visa in order to stay longer than the first short stay.
This visa requirement has no specific ground in Italian law.

On one side, 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 (Article 29).

On the other, Italian law explicitely provides that a 5-year Residence Card is due to non-EU family members of EU-nationals in Italy. The non-EU family members of Italian citizens cannot be treated worse that those of EU nationals. That would be a reverse discrimination that is forbidden by law. That means that if the family members of an Italian citizen are denied a 5-year Residence Card or FAMIT although they show all the requirements provided by the law (namely, by the Legislative Decree no.30/2007 mentioned above), they can obtain an order by the local Court to obtain a FAMIT.

The 2-year “Permesso di Soggiorno” – Who’s It For?

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. Only some of them are entitled to obtain a 5-year Residence Card or FAMIT.

The “Permesso di Soggiorno” is different than the Residence Card or FAMIT. It is tailored for family members of both Italian and non-EU citizens residing in Italy. Yet, it’s meant for specific family members:

• Spouse of the Italian citizen
• Children of the Italian citizen (up to 18 years old)
• Parents of the Italian citizen
• Grandparents of the Italian citizen
• Grandchildren of the Italian citizen
• Siblings of the Italian citizen

Note: However, the “Permesso di Soggiorno” notably excludes:

• Children aged 18 to 21
• Parents and children of the spouse of the Italian citizen.

These two categories of family members typically gravitate towards the Residence Card/FAMIT (Carta di Soggiorno).

Upside: A shining benefit of the “Permesso di Soggiorno” is the absence of any income requirement for family members of Italian citizens. The law values the unity of Italian families in their home country, without monetary constraints.

Application Process: This journey demands patience. Whether you’re obtaining or renewing this permit, the timeline can stretch for several months. With a heftier price tag of €110.46 for each application, renewals also require liaising with local municipal and healthcare entities.

How Do the 2 Options Differ?

At their core, both documents – the 5-year Residence Card/FAMIT and the 2-year Residence Permit – encapsulate the rights and duties that families owe to Italian officials. However, the 5-year Residence Card/FAMIT (Carta di Soggiorno) streamlines real-world dealings, cutting down on bureaucracy. Being the law’s preferred document for those related to Italian/EU citizens, it facilitates smoother access to regional and municipal benefits like public healthcare and social aid.

Here’s an insider tip:If your residency application doesn’t quite fit the criteria for a specific permit, don’t worry. The Questura (Italy’s immigration police) has a legal duty to point you toward an alternative that suits your situation better. This is outlined in Article 5, Section 9 of the Italian Aliens Act (Decreto Legislativo of 25 July 1998 no. 286). Remember, having the right information can open doors for you. So, if you’re told you’re not eligible for a 5-year Residence Card or FAMIT, insist on a review of your eligibility for other types of residence permits. There are various options available, such as 2-year permits for family, study, work, self-employment, business, elective residency, or even healthcare needs. Knowledge truly is your best ally in navigating the Italian residency process.

Know your rights as a family member

Residency for family members depends on the Italian citizen for their validity. That is true for both a residence card and a residence permit. Should the Italian citizen leave Italy, divorce the spouse, or die, the family member can lose the residence permit (although there are some safeguards). There is a possibility to obtain an independent residence permit: in case the family member becomes financially independent (e.g. through employment or business), they can obtain an independent residence permit for work/business. You may read here more about the options and safeguards for family members.

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