The residence permit for family reasons is issued:
- to the foreign national citizen who has entered Italy with an entrance visa for "family reunification, "relative visa" or "reunification with a minor";
- to the foreign national citizen who resides in Italy for a least one year and has married, in Italy, an Italian citizen, a citizen of another EU member state or a legally residing foreign national citizen;
- to the foreign national citizen who already has a residence permit (of any type) and wants to be reunited with a family member who is already legally residing in Italy. The residence permit held is converted to a residence permit for family reasons. Conversion takes place in Italy, without having to return to the country of origin, and can be applied for within one year from the expiry date of the residence permit held;
- to a foreign national parent of an Italian minor resident in Italy;
- to a foreign national family member of a refugee.
The residence permit for family reasons allows access to social services, enrolment to educational courses or professional training courses and registration in job seekers listings. It also allows the holder to carry out subordinate or autonomous work, provided that the minimum age requirements to work are met.
Marriage between an Italian citizen and a foreign national citizen
Once a foreign national citizen marries an Italian citizen, in Italy, he/she has the right to apply for a residence permit for family reasons, even if prior to marriage he/she was a clandestine citizen or without legal residency.
If he/she has a residence permit of any other category, it is possible to apply for the conversion of the permit to a residence permit for family reasons, by means of the “kit” to be sent to the Police headquarters (Questura) through the licensed Post Offices.
If however, the foreign national does not have a residence permit of any type, he/she cannot be deported and can in any case apply for a residence permit for family reasons by going directly to the Police headquarters central office. In such a case, the following paperwork is to be submitted:
- a revenue stamp;
- 4 x passport photographs
- auto-certification of the Italian citizen attesting to the co-habitation and eventual marriage;
- photocopy of passport
This permit is issued only after verifications have been carried out to confirm the actual co-habitation at the address declared at the time of application for the residence permit.
What happens if the residence permit is refused?
To contest a refusal of a residence permit for family reasons it is possible to submit an appeal to a Tribunal judge in the area of residence. The legal action documents are exempt from revenue stamps, registration costs and from any other tax.
What happens when a residence permit is revoked?
A residence permit is immediately revoked if it is ascertained that the marriage was not followed by effective co-habitation, unless children have been born from the marriage.
It is necessary to take into consideration that in the case of marriage between a foreign national citizen and an Italian citizen, Italian legislation alllows for the right to apply for the “residence card for family members of EU citizens”. This can be applied for at the Police headquarters (Questura) by sending the “kit” through an licensed Post Office, the same paperwork required for applying for the residence permit for family reasons.
Conversion of residence permit
In the case of legal separation, dissolution of the marriage or death of the family member in possession of the requisites for family reunification, the residence permit for family reasons can be converted to a residence permit for subordinate work, for autonomous work or for study purposes.
All information about how to apply for or renew a residence permit
