The non-EU citizen who joins a regular European or Italian citizen in Italy can request:
If a family member of a European citizen β the Residence Card for Family Members of EU Citizens (Legislative Decree 30/2007, Articles 10 and 14)
If a family member of an Italian citizen:
If they meet the income and dependency requirements, the Residence Card for Family Members of EU Citizens (Legislative Decree 30/2007, Articles 10 and 14)
If a family member beyond the first degree or does not meet the income and dependency requirements, the Residence Permit for Family Members of Italian Citizens (Law 286/98, Article 19).
The application for family members of Italian and European citizens does not exempt them from regularity in the territory of the non-EU citizen.
“Other relatives” of EU and Italian citizens.
The ministerial indication refers to the obligation of the Italian State to facilitate the entry and stay of the “partner with whom the Union citizen has a duly attested stable relationship by the State of the Union citizen”, as well as of “any other family member, regardless of citizenship, if they are dependent or cohabit, in the country of origin, with the Union citizen entitled to the main right of residence”.
In fact, “family members” are defined as the spouse, direct descendants under the age of 21 or dependent, and those of the spouse, direct ascendants who are dependent, and those of the spouse.
They are issued a residence card for family members of European Union citizens or a permanent residence card for family members of European Union citizens. The provision also applies to adopted minors and those in foster care. The provision also applies to de facto cohabitants or relatives and other persons who are dependent and live with the Union citizen.
With this provision, the Italian State intended to implement Directive 2004/38/EC of the European Parliament and of the Council, and in particular the corresponding provision expressing the Member State. Moreover, the law does not indicate the methods by which it intends to ensure the implementation of the prescribed obligation to facilitate the entry and stay of these persons “without prejudice to the personal right of free movement and residence of the interested party”. By express reference of the law, the same provision, referring to “other relatives” of EU citizens, applies to non-EU family members of Italian citizens. Precisely in view of the possible prejudice to the free movement of the EU citizen, it must be verified whether the measure of issuing a residence permit for elective residence represents an obstacle and prejudices free movement, given the significant limitations associated with this type of residence permit for family members considered “others,” as they are excluded from the labor market, from free registration with the NHS. The issuance and renewal of the permit of this type of residence permit are also subject to the demonstration of the availability of substantial financial resources, discretely evaluated by the Administration, as well as subject to a limited duration. The circular of the Ministry of the Interior requires, as evidence of the relationship in the aforementioned cases, “documentation from the State of the Union citizen, holder of the right of residence, from which the family relationship or stable relationship results, registered in the same State”.
According to Circular 400.B/2021, with the entry into force of EU Regulation 2019/1157 starting from August 2, 2021, family members of EU citizens according to Law 30/2007 will be issued an electronic document; the application can be made directly at the Immigration Office or by postal kit, in both cases the payment of the bulletin of β¬30.46 is provided.
The first issuance of the Residence Card for Family Members of EU Citizens The non-EU foreign citizen must go to the competent Police Headquarters for the territory to complete the entry procedure, sign the Integration Agreement, and request the issuance of the residence card. After verifying the regularity of the visa and documentation, the Police Headquarters directly issues the paper residence permit.
- Completed request form (209) for the residence permit;
- Valid ordinary passport;
- Passport-sized photograph;
- A β¬16 stamp duty;
- Registration certificate of the EU citizen family member or identity card if they are Italian citizens;
- Documentation proving the family relationship: if produced abroad, it must be translated into Italian or multilingual and legalized by the Italian Embassy or Consulate or apostilled if coming from a country that adheres to the Hague Convention;
- Declaration of cohabitation and support;
- Any documentation proving the dependency of the regular resident in Italy and income.
It is usually issued to minor children and spouses.
The Residence Card for Family Members of EU Citizens is valid for 5 years and can be converted to indefinite at the first renewal (after 5 years of stay).
It allows for work and study, allows for tourism travel in Europe, but to stay in another European territory, it will be necessary for the EU citizen to become regular on that territory and to request an equivalent document for the family member on the new territory, as the Residence Card for Family Members of EU Citizens issued by the Police Headquarters is only valid in Italian territory.
Renewal of the Residence Card for Family Members of EU Citizens The renewal application must be submitted directly to the Immigration Office of the competent Police Headquarters (residence).
With the following documentation:
- Completed request form (209) for the residence permit;
- Photocopy of the passport or equivalent document valid (pages containing personal data, photograph, stamps, visas);
- Photocopy of the expiring Residence Card;
- Declaration of the European citizen to provide for the economic maintenance of the family member, together with a photocopy of their identity document and proof of income received;
- Any documentation proving the maintenance of the family relationship (in case of marriage);
- β¬16 stamp duty.
In some cases, an indefinite Residence Card may be issued.
The first issuance of the Residence Permit for Family Members of Italian Citizens The application can be made by family members up to the second degree living with the Italian citizen, even if not regular in the territory.
The non-EU foreign citizen must go to the competent Police Headquarters for territory to request the issuance of the Permit.
With the following documentation:
- Completed request form (209) for the residence permit;
- Photocopy of the passport or equivalent document valid (pages containing personal data, photograph, stamps, visas);
- Documentation proving the family relationship: if produced abroad, it must be translated into Italian or multilingual and legalized by the Italian Embassy or Consulate or apostilled if coming from a country that adheres to the Hague Convention;
- Declaration of the Italian citizen to provide for the economic maintenance of the family member, along with proof of income received;
- Declaration of cohabitation;
- β¬16 stamp duty;
- If an electronic permit is issued (not paper), payment of the postal bulletin of β¬80.46.
The Residence Permit for Family Members of Italian Citizens allows for work and study and can be converted to a Permit for Subordinate Work.
Renewal of the Residence Permit for Family Members of Italian Citizens The renewal application can be submitted to the relevant Police Headquarters or via postal office (with the kit) depending on the territory.
The documentation to be presented is as follows:
- Completed request form (209) for the residence permit;
- Photocopy of the passport or equivalent document valid (pages containing personal data, photograph, stamps, visas);
- Copy of the expiring permit;
- Documentation proving the family relationship β in case of marriage;
- Declaration of the Italian citizen to provide for the economic maintenance of the family member, along with proof of income received;
- Declaration of cohabitation;
- β¬16 stamp duty;
- If an electronic permit is issued (not paper), payment of the postal bulletin of β¬80.46.
Please note that the Residence Permit for family members of Italian citizens remains valid if the cohabitation requirement is maintained, which is usually verified at the issuance and each renewal by local police officers.