Image comparing the EU Family Residence Card (family group) and the Italian Citizen Residency Permit (single person) to explain the often confused legal differences

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How Non-EU Family Members Can Join EU or Italian Citizens in Italy: Permit Options Explained

November 26, 2025

If you’re a non-EU citizen planning to join your Italian or European family member in Italy, you’ll need the right residence permit. Here’s what you need to know .
Italian law distinguishes between:

  •  Carta di soggiorno per familiare di cittadino UE (Residence Card for EU Family Members), governed by Legislative Decree 30/2007

  •  Permesso di soggiorno per familiare di cittadino italiano (Residence Permit for Family Members of Italian Citizens), issued under Legislative Decree 286/1998.

Although both allow residence and work in Italy, they apply to different categories of family members and have distinct requirements, durations, and procedures.

This guide explains residence permits for EU family members, but if you’re coming from abroad, you should also check the related visa requirements Family Reunion Visa Italy 2025 – How to Join Your Italian or EU Family Member

slide italian reisdence permit family members of EU citizens

EU Family Residence Card vs. Italian Family Residence Permit —The differences

Let’s clarify the most important (and perhaps confusing) distinction:

a) If you are a family member of a European citizen, you can apply for the Carta di soggiorno per familiare di cittadino UE (Residence Card for EU Family Members) under Legislative Decree no. 30/2007.

b) If you are a family member of an Italian citizen, the situation depends on whether the Italian citizen is considered mobile or static:

  • Mobile Italian citizens are those who have lived, studied, or worked in another EU Member State. If the Italian citizen is mobile, their family members can still apply for the Carta di soggiorno per familiare di cittadino UE, (Italians are EU citizens).

  • Static Italian citizens are those who have always lived in Italy or have resided outside the European Union (for example, in the United States, the United Kingdom, or Latin America). If the Italian citizen is static, their family members cannot obtain the EU Family Residence Card. Instead, they can request F.A.M.I.T- Permesso di soggiorno per Familiare di Cittadino Italiano Statico  – Residence Permit for Family Members of Static Italian Citizens, introduced by Decree Law no. 69/2023

In all cases, applications from family members of Italian and European citizens require the non-EU citizen to have legal entry into Italian territory — i.e., with a visa, if required.

Please note: if a non-EU citizen who is a family member of an EU national (and therefore also of an Italian citizen, since Italians are EU nationals) arrives at the border without an entry visa is not immediately refused entry.d

Unlike other non-EU nationals with no EU family ties, they are granted a 24-hour grace period to present their visa and passport.

Important Note

Even though Italians are EU citizens, their family members no longer automatically qualify for the EU Residence card- Carta di soggiorno, but can apply for the F.A.M.I.T.. Both residency permits have a duration fo 5 years
The determining factor is now whether the Italian has exercised their right to free movement within the European Union.

Carta di soggiorno and F.A.M.I.T: who can apply- the “Family Members” of EU (and Italian) Citizens

Italy facilitates entry and residence for:

  • partners with whom the Union or Italian citizen has a durable relationship, duly attested/registerd by the Union citizen’s State
  • any other family member, regardless of nationality, who is dependent on or living in the country of origin with the Europan Union/Italian citizen holding the primary right of residence

The following are defined as “family members”: (artt.2 e 3 del d.lgs. n.30/2007)

  • the spouse or patner in a registered civil union
  • direct descendants under 21 years of age or who are dependents (including those of the spouse)
  • direct ascendants who are dependents (including those of the spouse).
  • any other family member, regardless of their nationality, if they are dependent on or cohabiting in the country of origin with the Union citizen holding the primary right of residence, or if serious health reasons require the Union citizen to personally assist them

These individuals receive a carta di soggiorno per familiare di cittadino dell’Unione Europea (residence card for family member of European Union citizen).

The first one (carta di soggiorno) is issued for a duration of five years. Upon the second renewal, the Questura will issue a permanent carta di soggiorno for family members of EU citizens

This provision also applies to adopted minors and those in foster care, and extends to unmarried partners or relatives and other persons who are dependents and cohabiting with the European Union citizen.

Where to apply -Residency Card Family Members of EU Citizens/Italian citizens

The non-EU foreign citizen must visit the competent Questura (Police Headquarters) for their area to complete the entry procedure, and request issuance of the Carta di soggiorno familiare cittadino EU /residency card for family member of Eu citizens. After verifying the validity of any visa and documentation, fingerprint will be taken and the Questura directly issues the electronic residence card.

Required documentation:

  • €16.00 revenue stamp (marca da bollo);
  • payment receipt of € 30,46 for the electronic residence permit
  • valid passport (and copy of pages containing personal data and expiration date, visas and stamps);
  • 4 passport-sized photographs of the applicant, plus 4 passport-sized photographs of any minor children under 14 years of age to be included in the permesso di soggiorno (children must be present at the appointment);
  • tax code (codice fiscale) if available;
  • certification attesting where you are living;
  • declaration of hospitality/property transfer (dichiarazione di ospitalità/cessione di fabbricato) stamped by the receiving office or with receipt of submission to the Questura;
  • certificates issued by the competent authority of the country of origin or provenance attesting family status (e.g. marriage certificate, birth certificate, etc.). If produced abroad, it must be translated into Italian and legalized by the Italian Embassy or Consulate or apostilled if from a country adhering to The Hague Convention
  • Any documentation proving dependency on the citizen legally residing in Italy and income verification;
  • photocopy of an identity document of the Italian/EU spouse/relative or legal guardian (if minor);
  • only for non-Italian European Union citizens application or certificate of registry enrollment or certificate of permanent residence.

Renewal

The renewal application must be submitted directly to the Immigration Office of the competent Questura (based on residence).

The non EU family member acquires the right of permanent residence in Italy if they have resided legally and continuously for five years in the territory, together with the EU citizen (a sort of unlimited residence permit for long-term residents, which is however granted to family members of EU citizens).

In this case, the Questura issues a permanent residence card for family members of European citizens upon request by the interested party before the expiry of the Carta di soggiorno or FAMIT (both as mentioned above, have a duration of 5 years).

The continuity of residency is not interrupted by:

  • absences that do not exceed a total of six months per year
  • absences lasting more than six months but less than two years for the fulfillment of military obligations
  • absences of up to one consecutive year for significant reasons such as pregnancy and maternity, serious illness)

The right to permanent residence is lost after any absence from national territory exceeding two consecutive years

Insufficient resources of the Italian Citizen

I am an Italian citizen but do not have sufficient resources to support my family unit: can my family member still obtain the Carta di soggiorno for EU family members or the residency permit F.A.M.I.T.?
No, they cannot.

When the foreign citizen is a family member within the second degree of an Italian citizen, and cohabits with them, even in the absence of sufficient resources to support the family unit, a  Permesso di soggiorno for family reasons is issued, based on the provisions of Article 19, paragraph 2, letter c) of the Immigration Law.

This Permesso di soggiorno (residency permit) for family reasons is issued as a residual option to the spouse, to those who have entered into a civil union, and to relatives within the second degree (in direct line — father, grandfather —, in collateral line — brother/sister —) of an Italian citizen, only in the absence of the requirements for issuing the Carta di soggiorno for family members of EU citizens as per Article 10 of Legislative Decree no. 30/2007.

Specifically, the law establishes in Article 19 Immigration Law that expulsion is not permitted, except in cases provided for in Article 13, paragraph 1, for:
a) foreign minors under eighteen years of age, except for the right to follow the expelled parent or guardian;
b) foreigners in possession of the Carta di soggiorno, except as provided in Article 9;
c) foreigners cohabiting with relatives within the second degree or with a spouse of Italian nationality;
d) pregnant women or within six months after the birth of the child they are caring for.

This is possible because, pursuant to Article 19, letter c) Immigration law, foreigners who cohabit with a relative (within the second degree) who is an Italian citizen cannot be expelled and therefore will have the right to obtain a Permesso di soggiorno for family reasons.

Documents Needed for the Italian permesso di soggiorno for family reasons under art. 19 Immigration Law

  • Certificates attesting the marital relationship, civil union, or kinship up to the second degree with the Italian citizen (certificates from abroad must be translated and legalized by the Italian diplomatic or consular representation in the country where the document was produced, or bear an Apostille if from a State signatory to The Hague Convention)
  • Copy of the substitute declaration of notoriety act by the Italian spouse/civil partner/relative, or their legal representative (if minor), regarding the cohabitation status of the applicant for the Permesso di soggiorno
  • Copy of an identity document of the Italian spouse/civil partner/relative or their legal representative (if minor)
  • Payment receipt for the electronic permit (€30.46) and for the required contribution (€40.00 for residence permits with a duration of one year or less, and €50.00 for residence permits with a duration exceeding one year or equal to two years)

The Integration Agreement must be signed at the Questura if the Permesso di soggiorno has a duration of at least one year (Article 4-bis of Legislative Decree no. 286/1998 and subsequent amendments, and Presidential Decree September 14, 2011, no. 179).

Can I work or convert the permesso di soggiorno for family reasons under art. 19 Immigration Law?

Yes, you can work and you can also convert the permit under Article 19 Testo UNico Immigrazione (T.U.I) into a permesso for subordinate or self-employment without having to wait for the quotas of the Decreto Flussi (Flows Decree)

Recap: Differences Between the Residence Card and Residence Permits for Family Members in Italy

The type of residence permit a non-EU family member can obtain depends on the type of Italian or EU citizen they are related to and the specific requirements:

1. EU Family Residence Card (Carta di soggiorno)

  • Issued to non-EU family members of union citizens and of mobile Italian citizens (i.e. Italians who have lived in another EU country).
  • Requirements: sufficient income and, if applicable, dependency.
  • Initially valid for 5 years and can be converted into permanent residence at the first renewal.
  • Allows work, study, and tourist travel within the EU (registration required if moving to another EU country).

2. F.A.M.I.T- Five-Year Residence Permit for Family Members of Static Italian Citizens

  • Issued to non-EU family members of static Italian citizens (Italians who have always lived in Italy or outside the EU).
  • Replaces the Residence Card EU family member
  • Validity: 5 years, renewable.
  • Allows work, study, and tourist travel within the EU (registration required if moving to another EU country).

3. Residence Permit under Art. 19 (Second-Degree Family Members)

  • Issued to foreign family members within the second degree of Italian citizens when:
    • The requirements for the EU Family Residence Card or F.A.M.I.T are not met
  • Validity depends on cohabitation with the Italian citizen and is checked at each renewal.
  • Can be issued even if the Italian citizen does not have sufficient income.
  • Validity: one or two years
  • Allows work, study, and tourist travel within the EU (registration required if moving to another EU country).

Summary:

  • EU citizens or mobile Italian citizens → EU Family Residence Card
  • Static Italian citizens → F.A.M.I.T. Five-year Residence Permit for Family Members
  • Second-degree family members of Italian citizens when Carta di soggiorno or F.A.M.I.T. requirements are not met → Residence Permit under Art. 19

FAQ- Residence permits for relatives of Eu citizens and Italian citizens

How long is the carta di soggiorno/residence permit of family members of Unions citizens valid and can it become permanent?

The Carta di soggiorno is initially valid for 5 years. After the first renewal, if the family member has resided legally and continuously in Italy for five years with the EU citizen, it can be converted into permanent residence.

What happens if a family member of an EU citizen enter Italy without a visa?

A non-EU family member of an EU citizen who arrives at the border without a required entry visa is granted a 24-hour grace period to present the visa and passport, unlike a non-EU citizen without EU family members, who may be refused entry immediately.

Can family members work with these permits?

Yes. Carta di soggiorno per familiari UE, F.A.M.I.T. and the Permesso di soggiorno under art. 19 Immigration Law allow non-EU family members to work in Italy.

Need tailored guidance? Speak directly with an experienced immigration lawyer in Italy.

This article was written by Avv. Selvaggia Amore.

 

 

 

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