Avv. Fabio Loscerbo: Moving to Italy with an Italian or EU family member: the family visa route explained https://ift.tt/e5fjoEQ Non-EU family members who move to Italy to join an Italian or EU citizen follow a different route from the ordinary family reunification procedure used by foreign residents. In many cases, the key point is simple: a Prefettura family reunification clearance, the so-called nulla osta, is not required. The application is made directly through the Italian consular authorities. A different procedure from ordinary family reunification Family reunification in Italy is often associated with the procedure under Article 29 of Legislative Decree no. 286/1998. That route normally applies when a non-EU citizen lawfully residing in Italy wishes to bring certain family members from abroad and requires an application to the Sportello Unico per l’Immigrazione at the Prefettura. The situation is different when the person living in Italy is an Italian citizen or another EU citizen. For non-EU family members who intend to move to Italy for family reunification, the applicable framework is based on Legislative Decree no. 30/2007, which implements Directive 2004/38/EC, together with the specific rules governing the national visa for family reasons. This distinction is important in practice because using the wrong procedure can lead to unnecessary delays. A foreign spouse, child or dependent parent of an Italian or EU citizen should not normally begin by applying for an ordinary family reunification nulla osta at the Prefettura. Which family members are covered? The family members who may use this route include the spouse, a registered partner where the partnership is recognised under the applicable rules, direct descendants under the age of 21, older descendants who are dependent, and dependent direct ascendants. The same rules may also apply to adopted children, adoptive parents and certain minors subject to permanent guardianship or foster care. Dependency is not a purely formal concept. Where the law requires the family member to be dependent, the consular authority may ask for evidence showing that the Italian or EU citizen provides genuine and structural financial support that is necessary for the relative’s essential needs. The national visa for family reasons Since 1 June 2024, non-EU family members who intend to relocate to Italy for the purpose of family reunification with an Italian or EU citizen are generally required, where a visa is necessary, to apply for a national visa for family reasons. Current Italian consular guidance confirms that the application is submitted directly to the competent Italian Embassy or Consulate and that no nulla osta from the Sportello Unico per l’Immigrazione is required. The visa is issued free of charge under the rules applicable to family members of EU citizens. Recent consular instructions also indicate that the visa may be issued with a validity of up to 365 days and multiple entries. The applicant will normally need to provide a valid passport, the visa application form, civil status documents proving the family relationship, and an invitation or declaration from the Italian or EU family member confirming the intention to exercise the right to family unity. Foreign civil status documents may need translation, legalisation or an Apostille, depending on the country in which they were issued and the applicable international agreements. What happens after arrival in Italy? Entry into Italy is not the end of the procedure. The family member must complete the residence formalities after arrival. Current official guidance requires the application for a residence permit for family reasons to be filed within eight working days of entry into Italy, normally through the appropriate postal kit, followed by the procedures before the Questura. The residence document is what allows the family member to regularise long-term residence in Italy and to exercise the rights connected with family residence, including access to work and other services under the applicable legislation. Do the ordinary income and housing rules apply? The standard family reunification procedure for a non-EU resident in Italy is based on a Prefettura assessment that generally includes income and suitable accommodation requirements. That is not the procedural route for the foreign family member of an Italian or EU citizen. This does not mean that every application is automatic. The consular authority must still verify the family relationship and, where relevant, actual dependency. It may also request additional documents when necessary. The legal basis, however, is different from the ordinary Article 29 procedure, and this distinction should be identified before the application is filed. Short visits are not the same as relocation A further distinction concerns the purpose and duration of the trip. A family member who travels to Italy only for a short stay of less than three months may fall under the rules for short family visits rather than the national family-reasons visa used for permanent or long-term reunification. For this reason, the correct visa category should always reflect the real purpose of the journey. Using a short-stay visa when the actual intention is to relocate permanently can create difficulties when the person later tries to regularise residence in Italy. A practical point before applying Before booking an appointment, it is useful to identify three elements: the citizenship and residence status of the person already living in Italy, the exact family relationship, and whether the relative abroad is subject to a visa requirement. In some cases, a non-EU family member who already holds a valid residence card issued under Article 10 or Article 20 of Directive 2004/38/EC may benefit from a visa exemption, but the specific travel document should be checked with the competent consular authority before departure. The central practical rule remains clear: when a non-EU family member is joining an Italian or EU citizen in Italy, the first question is not whether the Prefettura will issue a family reunification nulla osta. The correct starting point is normally the Italian consular authority and the specific family-reasons visa procedure. Avv. Fabio Loscerbo Avvocato Cassazionista Iscritto nel Registro dei rappresentanti di interessi della Camera dei deputati in materia di Immigrazione Lobbista registrato presso il Registro per la Trasparenza dell’Unione europea n. 280782895721-36 in materia di Migrazione e Asilo ORCID: 0009-0004-7030-0428 Articolo redatto con l’ausilio di strumenti di AI, sotto la direzione, revisione e responsabilità editoriale dell’autore. https://ift.tt/hRs3ngW