Family reunification for civil unions in Italy
- Family reunification for civil unions in Italy
- Requirements for the foreigner residing in Italy who intends to be reunited with the partner civilly united
- Requirements for the foreign partner who wishes to enter Italy
- Documents to be submitted for the application of family reunification
- Procedure for family reunification, times and costs
- Residence permit for family reunification
- Grounds for refusal of family reunification, possible causes of refusal of the application
- Legal advice for family reunification with the partner civilly united
Family reunification represents a fundamental right that protects the family unity of foreign families in Italy. This possibility concerns non-EU citizens, regularly residing in Italy, who wish to bring into the country a close relative, among whom is also included the family member bound by the civil union. This latter bond is treated as equivalent to marriage also under the profile of the right to family unity.
The civil union with a foreigner in Italy, therefore, also in matters of immigration, entails the same rights and the same duties provided for marriage. This principle of equivalence is fundamental to guarantee the full integration of couples, bound by such tie, in the Italian social fabric.
It is important to underline that when, instead, it is the Italian citizen who is reunited with the non-EU citizen, this is referred to as family cohesion (with EU citizen) and not as family reunification.
The Italian legislation on family reunification, also of the partner civilly united, is based mainly on the Testo Unico sull’Immigrazione. The current regulatory framework guarantees parity of treatment between married couples and civilly united couples, recognising the fundamental right to family unity.
To start the procedure of family reunification after the constitution of a civil union, it is essential to understand the basic principles of the legislation:
- The right to reunification is guaranteed to foreigners regularly residing
- The civil union must be officially registered and recognised
- The applicant must demonstrate that he or she can economically support the partner
- The accommodation must comply with certain requirements of housing suitability
Boschetti Studio Legale offers specialist assistance in this area, guiding clients through every stage of the reunification process. Our team of professionals understands the unique challenges that couples face when seeking to build their life together in Italy. We accompany our clients from the initial assessment of the requirements to the obtainment of the residence permit, ensuring that every document is prepared correctly and that all procedures are followed with precision.
Family reunification for civil unions requires an in-depth knowledge of the legislation and of the bureaucratic procedures. Our law firm guarantees comprehensive support, from the preparation of the necessary documentation to the submission of the application before the competent offices. We make our expertise available to protect the rights of couples and to ensure that they can achieve their life project together in Italy.
Requirements for the foreigner residing in Italy who intends to be reunited with the partner civilly united
The requirements for family reunification represent a fundamental aspect of the process and must be carefully assessed before starting the procedure. The foreigner regularly residing who wishes to be reunited with his or her partner must satisfy specific economic and housing conditions.
The minimum income required must comply with precise thresholds set by the law. This amount cannot be lower than the annual social allowance and must be proportionate to the number of family members to be reunited. This economic requirement must be demonstrable through official documentation such as pay slips, tax returns or employment contracts in force.
The accommodation must comply with precise housing standards certified by the technical office of the Comune or by the competent ASL. The documentation must attest that the dwelling falls within the minimum parameters provided by the regional law for public residential housing, complies with hygienic and sanitary rules and is adequate to host the family unit.
For the foreigner who starts the file of family reunification after the stipulation of a civil union, it is essential to submit complete documentation that includes:
- Copy of the passport and of the residence document in force
- Civil union certificate registered
- Documentation attesting the availability of an accommodation
- Certificate of housing suitability
- Income documentation
- Certificate of residence and family status
A lawyer for family reunification can assist the applicant in the preliminary verification of the requirements and in the preparation of the necessary documentation, significantly increasing the probabilities of success of the application.
The process requires particular attention to the validity and recognition of the civil union in Italy. For foreigners regularly residing, it is fundamental to demonstrate the regularity of the residence permit and the stability of the working and housing position in the Italian territory.
Requirements for the foreign partner who wishes to enter Italy
The foreign partner who wishes to obtain family reunification with the partner civilly united must satisfy specific requirements set by the Italian legislation. The understanding of these requirements is fundamental to start the procedure correctly and to increase the chances of success of the application.
First of all, the foreign partner must demonstrate the authenticity of the affective bond through the documentation of the civil union. This bond must be officially recognised according to the laws of the country of origin or of the country where it was celebrated. If the civil union has been registered abroad, it will be necessary to proceed with the transcription in the registers of Italian civil status.
An essential requirement concerns the absence of previous convictions for crimes that may compromise the security of the State or public order. The foreign partner will have to submit the criminal record certificate of the country of origin and of any third countries where he or she has resided in recent years. These documents will have to be translated and legalised in accordance with the procedures provided.
The legislation also requires that the foreign partner is not considered a threat to public order or to the security of the State. This assessment is carried out by the competent authorities during the examination of the application of family reunification after civil union, considering various factors including the personal history of the applicant and his or her links with the country of origin.
It is fundamental that the foreign partner is not already married or civilly united with another person, either in the country of origin or in other countries. This aspect is verified through the submission of updated civil status certificates.
The foreign partner must also demonstrate that he or she holds a passport or equivalent travel document in force. The expiry date of the document must be subsequent to the planned date of entry into Italy by at least six months. This requirement is essential to obtain the entry visa once the application of reunification has been approved.
At this point an example may be made: Maria, a Brazilian citizen regularly residing in Italy, wishes to be reunited with her partner, also Brazilian, Laura, with whom she has been civilly united in Brazil. To start the procedure, Maria first had to obtain the official translation and legalisation of the Brazilian civil union certificate at the Italian consulate in San Paolo. She also requested the criminal record certificate of the last 5 years in Brazil, which was clean, and renewed her passport, ensuring that it had a residual validity of at least one year.
To facilitate the process, it is advisable to turn to a law firm to receive specialist assistance. An expert professional can guide the foreign partner in the preparation of the necessary documentation, ensuring that all requirements are met and that the documents are submitted in the correct format.
Documents to be submitted for the application of family reunification
The preparation of the documents for family reunification requires particular attention and precision. An accurate collection of the documentation is fundamental for the success of the application and to avoid delays or refusals during the procedural process.
The documents for family reunification following the constitution of a civil union are divided into two main categories. The first concerns the documentation that must be submitted by the applicant in Italy, while the second includes the documents that the foreign partner must provide.
The applicant in Italy must prepare and submit:
- Copy of the civil union act registered with the Italian Comune
- Documentation attesting the income
- Certificate of housing suitability
- Documentation attesting the availability of an accommodation
- Family status and certificate of residence
- Photocopy of the identity document or residence permit
- Stamp duty according to the amounts in force
- Declaration of maintenance for the partner
The complexity of the procedure requires particular attention to the temporal validity of each document. Some certificates have a relatively short expiry, for this reason it is important to carefully coordinate the collection and submission of the documentation.
An aspect often underestimated concerns the translation and legalisation of documents coming from abroad. All documents in foreign language must be translated into Italian by an official translator and subsequently legalised in accordance with the procedures provided (apostille or consular legalisation, depending on the country of origin).
The submission of incomplete or non-compliant documents may cause significant delays in the family reunification process. For this reason, many couples choose to rely on a lawyer to ensure that the documentation is complete and correctly submitted.
It is important to underline that some documents may require long times to be obtained, especially those coming from abroad. For this reason, it is advisable to start the collection of the documentation well in advance with respect to the submission of the application. Careful planning may avoid stress and complications during the family reunification process of the partner civilly united.
Procedure for family reunification, times and costs
The procedure for family reunification following the constitution of a civil union follows a specific path that requires patience and attention to detail. Understanding the stages of the process, the times and the associated costs is fundamental to plan the reunification correctly.
The process begins with the electronic submission of the application through the portal of the Ministero dell’Interno. This stage requires the accurate completion of the request form and the upload of all necessary documentation in digital format. The online procedure allows the status of progress of the file to be monitored in real time.
The processing times of the application generally vary between 90 and 180 days from the date of submission. During this period, the Sportello Unico per l’Immigrazione examines the documentation and verifies that the requirements are met. It is important to consider that these times may be extended in case of incomplete documentation or the need for additional checks.
As regards the costs of the procedure, it is necessary to consider various items of expense:
- Stamp duty for the application
- Fees for the issuance of the residence permit
- Expenses for the translation and legalisation of the documents
- Any costs of legal assistance
- Expenses for obtaining the necessary certificates
The subsequent stage to the approval of the application provides for the issuance of the no-objection certificate, a fundamental document to start the procedure of visa application at the Italian embassy in the country of origin of the partner. This stage usually requires a further 30-60 days.
A lawyer for family reunification can optimise the times of the procedure, guaranteeing the correct submission of the documentation from the very beginning and managing any communications with the competent authorities. Specialist legal assistance can prevent common errors that may cause delays or complications.
It is important to underline that the procedure does not end with the entry of the partner into Italy. Within 48 hours of arrival, it is necessary to submit the declaration of hospitality to the competent Questura. Subsequently, within 8 days, the procedure must be started for the issuance of the residence permit for family reasons.
Residence permit for family reunification
The residence permit represents the fundamental document that allows the foreign partner to legally reside in Italy after the family reunification of the partner civilly united. The procedure to obtain it requires attention and precision in the preparation and submission of the documentation.
Once entered Italy with the visa for reunification, the foreign partner has 8 days to apply for the residence permit. The application is submitted through the authorised post offices, using the dedicated kit. It is essential to comply with this deadline to avoid problems with the regularity of the stay.
The duration of the permit varies on the basis of the situation of the applicant partner. If the applicant is a non-EU citizen with a residence permit, the duration will be the same as that of the permit of the family member already residing. The residence card issued instead in favour of the partner of an Italian citizen (or of another EU State) has a duration of 5 years.
During the wait for the issuance of the permit, which generally may take from 30 to 60 days, the foreign partner receives a receipt of submission of the application. This document, together with the passport and the entry visa, demonstrates the regularity of the stay and allows him or her to:
- Start working
- Establish residence
- Register with the Servizio Sanitario Nazionale
- Open a bank account
- Carry out administrative procedures
The renewal of the permit must be applied for at least 60 days before its expiry. For the renewal, it is necessary to demonstrate the persistence of the initial requirements, including cohabitation with the partner and the maintenance of the economic and housing conditions.
An important aspect concerns the possibility of converting the permit for family reasons into a permit for work, study or other reason, should the need arise, for example in case of dissolution of the civil union. This flexibility ensures the foreign partner greater autonomy in the management of his or her life project in Italy.
The law firm for reunification can provide specialist assistance both in the stage of initial application and in the subsequent renewals, ensuring that all procedures are correctly followed and that the documentation is complete and accurate.
Grounds for refusal of family reunification, possible causes of refusal of the application
Understanding the possible causes of refusal of family reunification following the constitution of a civil union is fundamental to prevent any problems during the procedure. The competent authorities can deny the request for various reasons, which it is important to know before starting the process.
One of the main causes of refusal concerns the inadequacy of the economic documentation. If the income declared does not reach the minimum threshold required or if the documentation submitted does not demonstrate clearly and unequivocally the ability to maintain the partner, the application may be rejected. It is essential to submit complete and verifiable income documentation.
The suitability of the accommodation represents another critical point. If the dwelling does not meet the minimum requirements set by the law or if the certification of housing suitability presents irregularities, the application may be refused. It is important to carefully verify that the property complies with all the required standards before submitting the application.
An element often underestimated concerns the validity of the civil union. If doubts emerge about the genuineness of the relationship or if the union has not been correctly registered and transcribed, the authorities may deny the reunification. The presence of previous marriages or civil unions not dissolved constitutes a certain ground for refusal.
The security-related issues represent a serious cause of refusal. If the foreign partner is considered a threat to public order, the application is rejected. Even the presence of alerts in the Sistema Informativo Schengen may compromise the outcome of the request.
In case of incomplete or non-compliant documentation, instead of an immediate refusal, the authorities may request a documentary integration. In these cases, it is fundamental to respond promptly and exhaustively to the requests in order to avoid the rejection of the application.
A lawyer for family reunification can help to prevent these situations through an accurate preliminary assessment of the case and a thorough verification of all documentation before submission. In case of refusal, moreover, he or she can assist the couple in submitting the briefs against the notice of denial and, if such denial is confirmed, through the filing of an appeal, in which the reasons given by the Pubblica Amministrazione are challenged and an adequate defensive strategy is implemented.
Legal advice for family reunification with the partner civilly united
Specialist legal advice represents a fundamental support for couples that undertake the path of family reunification following the constitution of a civil union. Professional assistance can make the difference between the success and the failure of the procedure, avoiding costly errors in terms of time and resources.
The law firm for family reunification offers a tailored approach that begins with a careful analysis of the specific situation of the couple. During the first meeting, all the relevant elements are assessed: the regularity of the civil union, the economic situation, the housing conditions and any criticalities that may emerge during the procedure.
A crucial aspect of the advice concerns the preventive verification of all the necessary requirements. The lawyer can identify potential issues before they turn into real obstacles, suggesting workable solutions and alternatives. This preliminary stage is fundamental to optimise the chances of success of the application.
Legal assistance includes the accurate preparation of all necessary documentation. The professional verifies that each document complies with the formal requirements requested, that the translations are correct and that the legalisations comply with the legislation in force. This detailed control prevents delays and requests for documentary integration.
During the path of family reunification of the partner civilly united, the lawyer maintains contacts with the competent authorities, monitoring the status of progress of the file and intervening promptly in case of requests or clarifications. This active management of the proceeding allows any problems to be anticipated and resolved.
Legal advice extends also to the subsequent stage to the approval of the application, supporting the couple in obtaining the entry visa and in applying for the residence permit. The continuous assistance ensures that all steps are managed correctly, ensuring a smooth transition towards life together in Italy.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law cases that the firm routinely handles, with the aim of creating a structured and complex case study to help readers navigate the handling of their own personal cases. The case studies, on the other hand, illustrate individual cases that have actually been handled by the firm, with data and details anonymised to ensure client confidentiality.
Registrazione del contratto di convivenza e regolarizzazione del partner straniero
Coppia residente a Roma: cittadino italiano e compagna straniera priva di documenti di soggiorno. Ricorso cautelare ex art. 700 c.p.c. per tutela della convivenza, seguito da pratica per carta di soggiorno familiare UE.
Adozione di maggiorenne per riconoscere un rapporto familiare di fatto
Cittadino statunitense residente a Roma con legame affettivo stabile con lo zio acquisito. Procedimento per adozione di persona maggiorenne ex artt. 291 e ss. del Codice Civile per formalizzare il rapporto familiare.
Contratto di convivenza per coppia italo-brasiliana: tutela patrimonio e permesso di soggiorno
Imprenditore italiano e compagna brasiliana conviventi da tre anni a Milano. Tre vulnerabilità interconnesse: migratoria, patrimoniale e successoria, risolte con un intervento coordinato su tre fronti paralleli.
Adozione in Colombia: coppia italiana realizza il sogno dopo 3 anni di percorso
Una coppia sposata da otto anni intraprende l’adozione internazionale con la Colombia. Un percorso attraverso due ordinamenti, tre istituzioni italiane e l’autorità centrale colombiana.
Successione con eredi in 4 paesi diversi: coordinamento Italia-USA-UK-Svizzera
Un imprenditore italiano lascia un patrimonio distribuito tra Italia, Stati Uniti e Svizzera, con quattro eredi in altrettanti paesi. Quattro ordinamenti, quattro sistemi fiscali da coordinare in parallelo.
Adozione maggiorenne figlio del partner: riconoscimento legame affettivo ventennale
Un uomo di cinquantotto anni chiede di adottare il figlio trentenne della moglie, cresciuto insieme da vent’anni. Un legame reale che la legge non riconosceva, con implicazioni successorie per i figli biologici.
Impugnazione testamento per lesione di legittima: recuperati 800.000 euro per gli eredi
Due figli ricevono 20.000 euro ciascuno da un testamento che lascia quasi tutto alla seconda moglie del padre. Un’azione di riduzione per lesione della quota di legittima risolta in mediazione.
Pianificazione successoria azienda familiare: passaggio generazionale da 3 milioni
Un imprenditore di sessantadue anni deve trasferire un’azienda da 50 dipendenti al figlio che la gestisce, tutelando la figlia che ha scelto un altro percorso. Patto di famiglia e holding per garantire continuità.
Adozione internazionale da parte di single: quando la legge apre una strada che pochi conoscono
Una donna single di quarantacinque anni intraprende l’adozione internazionale. Un percorso giuridicamente possibile ma poco conosciuto, che richiede una strategia legale specifica fin dal decreto di idoneità.
Eredità digitale: gestione criptovalute e asset digitali del defunto
Un professionista muore lasciando criptovalute per oltre 600.000 euro su wallet e exchange, senza istruzioni di accesso. Un patrimonio digitale che rischiava di andare perduto per sempre.
Rettifica del nome per persona transgender: documenti coerenti con la propria identità
Una professionista trentaduenne, in trattamento ormonale da otto anni, con documenti ancora al nome maschile di nascita. La discrepanza anagrafica generava outing forzati quotidiani in ambito lavorativo, bancario e amministrativo.
Attribuzione di sesso e aggiornamento di oltre 20 documenti: dalla sentenza alla nuova identità anagrafica
Un dirigente di 45 anni con sentenza di rettificazione già ottenuta si trova davanti al vero ostacolo: coordinare carta d’identità, patente, laurea, contratti di lavoro, mutuo e polizze assicurative presso enti con procedure non uniformate.
How we can help you
Boschetti Studio Legale puts at your disposal its over fifteen years of experience in the field of immigration law to assist civilly united couples in the process of family reunification. Our approach is based on the deep understanding of the needs of each couple and on the tailored management of each case.
You will be followed by a team of professionals composed of lawyers specialised in immigration law and lawyers specialised in family law. Our support includes, among others, the following activities:
- Free preliminary assessment of the situation
- Detailed analysis of the requirements and of the documentation
- Assistance in the collection and preparation of the documents
- Comprehensive management of the reunification procedure
- Support in communications with the competent authorities
- Constant monitoring of the status of the file
We understand that family reunification of the partner civilly united represents a crucial moment in the life of the couple. For this reason, we offer constant and transparent communication, always keeping our clients informed about the developments of their file and responding promptly to every question or concern.
Our specialisation in the sector allows us to handle even the most complex situations, finding innovative solutions when necessary. We have successfully assisted numerous couples in their reunification path, developing a deep understanding of the specific challenges that civilly united couples may encounter.
To begin, it is possible to book a consultation by contacting us by email or by telephone, and possibly setting a first meeting in person or remotely.
During the initial consultation, our lawyers for family reunification will carefully assess your case, explaining in detail the procedures, the expected times and the costs. This first meeting is fundamental to establish an effective and tailored strategy for your specific case. Our objective is to make the reunification process as smooth and serene as possible, allowing you to focus on your life project together while we take care of all legal and bureaucratic aspects.
Fill in the form to allow us to assess your case. We will contact you back within 48 working hours to inform you whether and how we can assist you.
This form is reserved for those who need legal assistance on a concrete situation. We do not provide free advice nor answers to generic queries by email. If you have a case that requires professional assessment, fill in the form: we will contact you back for a first exploratory meeting.
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Who is entitled to the residence permit for family reunification?
The right to the residence permit for family reunification belongs to civilly united partners, whether the applicant is Italian or whether the applicant is foreign, regularly residing in Italy. This permit is granted when specific requirements are demonstrated, such as a sufficient income, a suitable accommodation and a valid civil union. The permit has a duration of two years if the applicant is Italian or European, while for non-EU applicants the duration coincides with that of the permit of the family member already residing.
Is it possible to be reunited with a partner civilly united abroad?
It is possible to be reunited with a partner civilly united abroad if the union has been registered according to the laws of the country where it was celebrated and is recognised by the Italian legal system. The procedure requires the transcription of the civil union in the registers of Italian civil status and the verification of its validity. It is necessary that the bond is genuine and that it complies with the requirements provided by Italian law for recognition.
How long does it take to obtain family reunification for a civil union?
The time needed to obtain family reunification for a civil union varies between 90 and 180 days from the submission of the complete application. This period includes the examination of the documentation by the Sportello Unico per l'Immigrazione and the verification of the requirements. After approval, a further 30-60 days are needed for the issuance of the entry visa at the Italian embassy in the country of origin.
What is the difference between family reunification and family cohesion?
The difference between family reunification and family cohesion lies in the place where the partner is at the moment of the request. Reunification applies when the partner is still abroad and must enter Italy, while family cohesion concerns situations in which the partner is already regularly present on the Italian territory with another type of residence permit and wishes to convert it for family reasons.
