Residence permit for family reunification in italy

Family reunification for foreigners

Family reunification is the administrative procedure that allows non-EU foreign nationals to be reunited in Italy, thus affirming their right to family unity.

The right to family unity is a right of primary importance: this is why foreigners in Italy and family reunification are closely related terms. This right is established with reference to foreigners in Italy by articles 28 and following of the Consolidated Text on Immigration.

However, it is necessary to balance the interest of the individual with the public interest: for this reason, the reunification of foreigners in Italy requires very specific and mandatory requirements, which we will see below.

The Italian Law Firm Trámite italia deals with the practices related to the various hypotheses of family reunification, offering advice and assistance to the foreigner, from the assessment of the requirements to the submission of the application, including the issuance of the authorisation, the visa application and the subsequent residence permit for family reunification.

We submit the online application and inform the foreigner about the requirements and documents for family reunification outside the EU.

In addition, we assist a client who has received a decision to refuse a visa for authorisation or entry for family reunification or a decision to refuse a residence permit on family grounds.

As mentioned above, family reunification is regulated by the Texto Refundido de la Ley de Inmigración Título IV "derecho a la unidad familiar y protección de los menores" from art. 28 to art. 33; in coordination with the Decreto Legislativo 286/1998 "Texto Refundido de las disposiciones relativas a la regulación de la inmigración y normas sobre la condición de extranjero" and the Decreto Legislativo 5/2007 "Aplicación de la Directiva 2003/86/CE sobre el derecho a la reagrupación familiar".

A foreigner who regularly resides in the national territory and holds a residence card or a residence permit valid for subordinate employment, self-employment, family reasons, asylum, subsidiary protection, study or religious reasons, valid for at least one year, may apply for a nulla osta for family reunification.

A foreigner in possession of a political asylum permit is not obliged to meet the income and housing requirements.

Which family members can be reunited?

• Spouse of full age and not legally separated;

• children under 18 years of age, including children of the spouse or children born out of wedlock, provided that the other parent declares his or her consent;

• children of full age who, due to their state of health (100% disability), are permanently unable to provide for their own maintenance;

• dependent parents if they have no other children in their home country or country of origin, or parents over the age of sixty-five if the other children are unable to support them for proven health reasons; for parents over sixty-five years of age, within eight days of their entry into the country before going to the Sportello Unico, they are obliged to take out an insurance policy against accident and sickness risks with no expiry date or to register with the National Health Service upon payment of a contribution, the amount of which is determined by decree of the Ministry of Labour and Social Policies (see Circular n. 737 of 17 February 2010). Circular n. 737 of 17 February 2009 and n. 4537 of 24 February 2009); therefore, urgent health care services provided before the policy was taken out are at the expense of the person concerned.

How can I apply for a residence permit for family reunification?

The computerised procedure for submitting applications for family reunification has been active since 10 April 2008.

The telematic service provided by the Ministry of the Interior allows the online compilation of the S form.

What documents are needed to fill in the online forms?

The two main requirements for obtaining the nulla osta are housing and income.

For accommodation: you need the certificate of suitability for housing.

The application for housing eligibility must be made to the Technical Office of the Municipality of residence. It is valid for 6 months.

In order to obtain this certificate it is necessary to present

the title deed if the house is owned by you; or the rental contract if the house is rented; or the contract of free use if you are a guest (this contract is stipulated in the Town Hall and must be signed by both parties). If these contracts are being registered, you must bring the landlord's declaration, a photocopy of the landlord's identity card and a photocopy of the receipt from the Registry Office.the original cadastral map of the flat. In most of the municipalities of Lombardy the square metres required are as follows

• from 28 to 38 square metres for 1 person;
• from 38 to 42 square metres for 2 persons;
• from 42 to 56 sqm for 3 persons;
• from 56 to 66 m2 for 4 persons;
• 66 to 76 m2 for 5 persons;
• 76 to 86 m2 for 6 persons;
• more than 86 square metres is suitable for 7 persons.

If the applicant is a guest, a declaration drawn up by the owner of the flat on form "T2", certifying his consent to host the persons gathered, must be attached.

In the case of reunification of a single child under 14 years of age, the municipal certificate may be substituted:

- a copy of the lease/lease/ownership contract with a duration of not less than six months (two copies).

For Income: for the reunification of a single family member, the gross annual income already received or presumed, derived from lawful sources, must not be less than the annual amount of the social benefit equivalent to:

- 5,818.93 euros per year - 447.61 euros per month (gross) increased by half the amount of the benefit, which is equivalent to 2,909.46 euros, i.e. 223.80 euros for each member of the family to be reunited:

1 member of the family - 8,728.395 euros per year - 671.415 euros per month

2 members of the family - 11 637,86 Euro per year - 895,22 Euro per month

3 members of the family - 14 547.325 euros per year - 1 119.025 euros per month

4 members of the family - 17 456,79 Euro per year - 1 3242,83 Euro per month

2 or more children under 14 years of age - 11,637.86 euros per year - 895.22 euros per month

2 or more children under the age of 14 and one family member - 14 547.325 Euro per year - 1 119.025 Euro per month

In order to determine the income, it is necessary to take into account dependent family members who have been reunited or born in Italy and are included in the residence permit. The income parameters are subject to an annual update (amount of social benefit).

In addition, it is possible to add up the income of family members living with the applicant: in this case, specific documentation of the family member's income is required.

Family cohesion

Cohesion is a procedure that allows non-EU family members of a regular foreign national present on Italian territory to apply for a residence permit for family reasons.

The same non-EU citizens to whom the family reunification procedure applies (see Article 29 of the Consolidated Text) are entitled to cohesion.

¿Diferencia entre reunificación familiar y cohesión familiar?

Difference between family reunification and family cohesion?

In the case of reunification, the persons to be reunited are still abroad, while in the case of cohesion they are already in Italy;

in the case of cohesion, the person to be reunited applies to the Police for a residence permit for the family related to that of the family member of reference, who already resides permanently in Italy; in the case of reunification, he/she applies to the Prefecture for a permit by which the family member to be reunited will obtain a visa to come to Italy.

Unlike in the case of reunification, there is also no "nulla osta" to carry out "cohesion". Cohesion can be requested through the postal kit, to which the same documents required for reunification must be attached, and a residence permit of the same duration as that of the family member to be reunited will be issued.

Therefore, foreign nationals who, for whatever reason, have entered and regularly reside in Italy can apply for family cohesion. Irregular immigrants only have this possibility if they have:

have entered Italy legally, e.g. on a tourist visa or for any other reason.have been irregular for less than 12 months

Family reunification for foreigners

Family reunification is the administrative procedure that allows non-EU foreign nationals to be reunited in Italy and to have their right to family unity affirmed.

The right to family unity is a right of primary importance: this is why foreigners in Italy and family reunification are closely related terms. This right is established with reference to foreigners in Italy by articles 28 and following of the Consolidated Text on Immigration.

However, it is necessary to balance the interest of the individual with the public interest: for this reason, the reunification of foreigners in Italy requires very specific and mandatory requirements, which we will see below.

The Italian Law Firm Trámite italia deals with the practices related to the various hypotheses of family reunification, offering advice and assistance to the foreigner, from the assessment of the requirements to the submission of the application, including the issuance of the authorisation, the visa application and the subsequent residence permit for family reunification.

We submit the online application and inform the foreigner about the requirements and documents for family reunification outside the EU.

In addition, we assist a client who has received a decision to refuse a visa for authorisation or entry for family reunification or a decision to refuse a residence permit on family grounds.