The entry due to family reunification (ricongiungimento familiare) is possible after the release of the visa for family reunification, which consents the entry in Italy to the relatives of foreign citizens living regularly in this country, as well as the stay for a long period of time (the stay may be for a fixed or for an indefinite period).
The Italian Embassy in the country of origin grants to the foreign citizen the entry visa on family reasons only if the Immigration Office (Sportello Unico per l’Immigrazione) of the Italian Government has released the authorization (nulla osta).
What kind of permit enables the reunification of a relative?
The request of the family reunification can be made by applicants who have a:
– Permit of stay for paid employment or for self-employed activity, for over one year time validity;
– Permit of stay for political asylum;
– Permit of stay for subsidiary protection;
– Permit of stay on study or religious reasons;
– Permit of stay on family reasons, long period CE permit of stay.
NB: possession of the receipt which proves the request of renewal of the stay permit released when forwarding the request of the authorization to the family reunification.
Who are the relatives of the foreign extra-Community citizens that can require the family reunification?
– Spouse, which is not legally divorced and over 18 years old;
– Under 18 years old children, stepchildren or children born out of Wedlock, without being married; on condition that the other spouse, if present, gives consent; as well as under 18 years old adopted, assigned or under protection children, who are considered equal to one’s own sons;
– Dependent children over 18 years old how cannot take care of themselves as their health status involves total invalidity (100%);
– Dependent parents only if they have no other sons/daughters in the country of origins or provenance;
– Over 65 years old parents only if their sons/daughters are unable to support them because of documented, serious health problems;
– It is also consented the entry of the natural parent for the reunification to his/her under 18 years old child, only if the latter one has a regular stay in Italy. The natural parent has to prove, within one year from his entry in Italy, the requirements of having a accommodation and an income as stated by the reunification procedure.
Reunification procedure
The issuance of the clearance for the family reunification (ricongiungimento familiare), necessary to obtain the concerning entry visa, is required by the Immigration Office (Sportello Unico) of your place of residence, by means of the computerized procedure accessible from the Ministry of the Interior site – nullaostalavoro.it.
See the pratical instructions:
– Online procedure for the application forwarding
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Protection of the family unity
by Marco Paggi, lawyer
Some amendments introduced in the Italian law provide the safeguarding of the family unity. Therefore “When adopting the order of rejection of release, withdrawal or denial of renewal of the stay permit of the foreigner who has exercised the right of family reunification, it is also considered the kind and the effectiveness of the family relationship of the concerned person and the existence of social and family ties with his/her country of origins. As far as the foreigner already present on the national territory is regarded, it is considered as well the length of time of his/her stay on the same national territory.”
In the same manner, as far as the expulsion measure is concerned, it is specified that “When adopting the expulsion order against the foreigner who has exercised the right of family reunification, it is also considered the kind and the effectiveness of the family relationship of the concerned person, the length of time of his/her stay on the national territory, as well as the existence of social, cultural and family ties with his/her country of origins.”
All this means that there should not be any more automatic rejection of the stay permit or automatic expulsion, when it appears that the concerned individual does not live in Italy by himself, but rather with his relatives legally residing.
Translated by Oprea Mihaela