Many couples are not married and do not want to marry. When one of the two is a foreign national, one question comes up right away: can they live in Italy together?

The answer often goes through the cohabitation agreement (contratto di convivenza), introduced by Law 76/2016. In this article we explain what it is, who can sign it, which problems can come up and how an Italian immigration lawyer can help you solve them.

Let’s take an example. Marco is Italian. His partner Sarah is American. They both live in the United States, have been together for two years and want to move to Verona together. They are not married. Can Sarah get a residence permit as Marco’s partner? In many cases, yes, but there are a few precise steps, and the first one is the cohabitation agreement.

What a cohabitation agreement is

Italian law recognizes de facto cohabitants (conviventi di fatto): two adults in a stable relationship who live together and support each other. They must not be related, married or in a civil union.

The cohabitation agreement is a written contract in which the couple sets out its financial arrangements. For example, it can say where the couple lives, how each partner contributes to shared expenses, and whether they want to own their assets jointly.

The agreement cannot cover the personal side of the relationship, such as fidelity or life choices. It cannot have an expiry date or conditions either: if they are written in, they simply do not count. And it does not give the partners any inheritance rights: to leave something to your partner, you need a will.

One important point. A de facto cohabitation exists even without an agreement: living together on a stable basis is enough. The agreement is an extra step that gives the couple an official document. And this document is exactly what matters for the residence permit.

In fact, the Italian rules on EU free movement (art. 3 of Legislative Decree 30/2007) allow the partner of an EU citizen to apply for the residence card for family members of EU citizens (carta di soggiorno per familiare UE), as long as the stable relationship is properly documented. The cohabitation agreement is that documentation.

Who can sign a cohabitation agreement

You do not need to be an Italian citizen to sign. If the couple lives in Italy, Italian law applies to the agreement, even if the partners have different nationalities.

You cannot sign it if you are already married, in a civil union or bound by another cohabitation agreement, or if you are a minor. If one of these applies, the agreement is void. A person who is separated but not yet divorced is still married, so they cannot sign it.

There is one point to clarify right away. Anyone can sign a cohabitation agreement. But the agreement leads to a residence permit only if at least one of the two partners is an Italian citizen or a citizen of another EU country.

The reason is that the partner’s permit does not come from the law on cohabitation. It comes from the rules on free movement of EU citizens. These rules protect the family members of EU citizens and, since they are more favorable, the family members of Italian citizens too. And among these family members there is also the unmarried partner.

If both partners are non-EU nationals, different rules apply. A non-EU national living legally in Italy can apply for family reunification for a spouse, children and, in some cases, parents. An unmarried partner is not included.

How to sign the agreement and which documents you need

The agreement must be in writing. It is signed before a notary or a lawyer (avvocato), who checks that it complies with Italian law.

Both partners need an identity document; the foreign partner uses their passport. You also need to show that you are free to sign, meaning not married and not in a civil union. For the foreign partner, this is usually a certificate of single status (nulla osta or certificato di stato libero) issued by their country’s consulate in Italy. The documents can vary from case to case, so check them in advance.

The agreement cannot be signed remotely: both partners must be present. No witnesses are needed and there is no minimum income. The foreign partner does not need a residence permit to sign: they can sign even if they entered Italy on a tourist visa or visa-free, within the 90-day limit.

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Registration of the cohabitation agreement with the Comune

Within 10 days of signing, the lawyer sends a copy of the agreement to the Comune (town hall) where the couple lives. The Comune records it in the population registry (anagrafe). From that moment, the agreement is also valid toward other people and public offices.

For a mixed couple, this registration is the key step. The Questura (the police immigration office) usually asks for the registered agreement among the documents for the permit.

The problem: the Comune may refuse without a residence permit

This is where many couples get stuck. The Italian or EU partner has no problem: they do not need a residence permit and are already registered with the anagrafe, or can register easily. The problem is the non-EU partner.

To register the agreement, the Comune must also register the non-EU partner as a resident, together with the other partner. Many registry offices, however, refuse to register a non-EU national who has no residence permit.

This creates a vicious circle. The Comune will not register the agreement because the non-EU partner has no residence permit. The Questura will not issue the permit because the agreement is not registered.

What the courts have decided

Many couples have challenged these refusals in court, and the courts have now repeatedly sided with them. Their decisions make three main points.

You do not need a residence permit to be registered. No law makes registration with the anagrafe conditional on having a residence permit.

The cohabitation agreement is official proof of the relationship. The rules on EU free movement require the partner to prove the stable relationship with official documents. According to the courts, an agreement signed before a lawyer is exactly that. And these rules also apply to the partners of Italian citizens.

The cohabitation exists even before registration. Registration only proves that the couple lives together; it does not create the cohabitation.

The first decisions in this direction came from the courts of Milan, Rimini, Foggia and Palermo between 2020 and 2023. In 2024 the Court of Milan added that the registry office has no room for discretion: it must check the requirements set by law and register the agreement. Any doubts about the relationship are for the Questura to assess when it decides on the permit.

A very recent case shows how this works in practice. She is Kenyan, he is an EU citizen, and they sign a cohabitation agreement in February 2026. The Comune of Palermo refuses to register it, and she has to go back to Kenya when her tourist visa expires. In August 2026 the Court of Palermo orders the Comune to register the agreement and to register her as a resident, and orders the authorities to pay the legal costs.

In short, the courts now agree. But many Comuni still refuse. When this happens, you need the help of a lawyer experienced in immigration law, who can submit a formal request to the Comune and, if it still refuses, take the case to court.

After registration: the residence permit

Once the agreement is registered, the foreign partner applies for the residence permit at the Questura. The law says Italy must facilitate the entry and stay of the partner of an EU citizen. Facilitate does not mean automatic: the Questura looks at each case.

In theory, the partner should get the residence card for family members of EU citizens, valid for 5 years. In practice, many Questure issue a 2-year family residence permit, which can be renewed. To understand the differences, read our article on family residence permits in Italy.

Registering the agreement is not enough on its own. The courts only order the registration, and the decision on the permit stays with the Questura. The Questura usually also checks that the couple has suitable housing and enough income.

If the partner is a citizen of another EU country, their own situation matters too. They must have the right to live in Italy themselves, for example because they work here or have enough resources and health insurance.

How you apply depends on the document. The residence card for family members of EU citizens is requested directly at the Questura. The family residence permit is usually requested with the postal kit, but some Questure want the application in person, so always check. You will generally need photos, a 16-euro revenue stamp, your passport, the registered agreement, a certificate of residence or family status, and proof of income. For a 2-year permit you also pay 80.46 euros, plus postage if you apply by post. For waiting times, see our article on residence permit processing times.

Can the foreign partner work?

Yes. With a family residence permit you can work as an employee or as a freelancer, and you can also study. The same applies to the residence card for family members of EU citizens.

And you do not have to wait for the permit. The Italian Labour Inspectorate has confirmed that you can start working as soon as you have applied for a family residence permit: the postal receipt of the application is enough.

Back to our example: if Sarah works as a freelance English teacher, once she has applied she can work legally in Italy, without a self-employment visa.

Other useful effects of the cohabitation agreement

The agreement can also help later, for example if the foreign partner applies for Italian citizenship by residence. For the income requirement, the income of family members can be added together. According to the Ministry of the Interior, this includes a partner bound by a written cohabitation agreement. Without a written agreement, the partner’s income does not count, even if the couple has children together.

Cohabitation, however, does not give a right to citizenship the way marriage does. The foreign partner will have to meet the general requirements for citizenship by residence.

The law also gives cohabitants some rights, for example to visit and be informed if the partner is ill or in hospital. If one partner is in financial need after the relationship ends, they may be entitled to maintenance for a period based on how long they lived together.

How the agreement ends

The agreement ends if both partners agree, if one of them withdraws, if one of them marries or enters a civil union, or if one of them dies. Ending it by agreement or withdrawal requires the same form used to sign it, that is before a notary or a lawyer.

If the home belongs only to the partner who withdraws, the other partner must be given at least 90 days to move out.

For the foreign partner, the end of the agreement also affects the permit, since it was based on the relationship. In this case, it is important to check early whether the permit can be converted into another type, for example for work. Keep in mind the rules on time spent outside Italy too, if you plan to travel while your permit is valid.

Frequently asked questions

Is a cohabitation agreement the same as marriage?

No. It sets out the couple’s financial arrangements and serves as official proof of the relationship, but it does not give the same rights as marriage, for example on inheritance and citizenship.

Can we sign the agreement if my partner is in Italy on a tourist visa?

Yes. No residence permit is needed to sign. Both partners, however, must be present in Italy. The Italian partner must also be resident in the Comune where the couple lives: if they are registered with AIRE (the registry of Italians living abroad), they must first move their residence back to Italy.

If we are both non-EU nationals, does the agreement give us a permit?

No. You can sign it, but the permit for the partner requires one of the two to be an Italian citizen or a citizen of another EU country.

What happens if the Comune refuses to register the agreement?

A lawyer can submit a formal request to the Comune and, if it still refuses, take the case to court. Courts now consistently order Comuni to register the foreign partner and the agreement, even without a residence permit.

How long does the permit last?

In practice, the Questura usually issues a 2-year family residence permit, which can be renewed, even though the law would provide for the 5-year residence card for family members of EU citizens.

Will my partner be able to work?

Yes, both as an employee and as a freelancer. They can start working as soon as they have the receipt of their application for a family residence permit.

Does my partner need a visa to come to Italy first?

A U.S. citizen can enter Italy without a visa for up to 90 days. Other nationals may need a visa. For partners and family members of Italian and EU citizens, see our article on the visa for family members of EU and Italian citizens