“Coesione familiare” – A Comprehensive Guide for Foreign Nationals getting married in Italy
Family cohesion (Coesione familiare) is a unique form of ricongiungimento familiare that allows a foreign national to reunite with family members already present in Italy without needing to apply for “nulla osta” at the “Sportello Unico per l’Immigrazione” or a visa in their home country.
This option is available when the family member to be reunited is already legally staying in Italy under a short-term visa, temporary authorization for tourism, or other types of Permesso di soggiorno, even if the document has expired but within 12 months from its expiration.
Eligible Family Members for Family Cohesion
The family members eligible for family cohesion are the same as those listed under family reunification (ricongiungimento familiare) regulations:
- Spouse who is not legally separated and is at least 18 years old.
- Minor children, including those born outside marriage or from the spouse, provided that the other parent (if present) has given consent.
- Adult dependent children who cannot support themselves due to total disability.
- Dependent parents if they have no other children in their country of origin, or parents over 65 if the other children are unable to support them due to documented health reasons.
Requirements for Family Cohesion
Foreign nationals who:
- Have married in Italy and hold a Permesso di soggiorno valid for at least one year.
- Are family members of a legally residing foreign national who meets the criteria for family reunification.
Family cohesion can be requested even if the applicant’s stay permit has expired, provided it is within 12 months of expiration, as stipulated in Article 30, paragraph 1, letter c) of D.Lgs. n. 286/1998.
If the applicant holds refugee status, there is no need for the family member to have a valid Permesso di soggiorno. This right is also upheld by rulings such as the Tribunale di Roma ordinance of February 22, 2018.
For individuals with international protection status (including subsidiary protection), family unity is guaranteed under Article 22 of D.Lgs. n. 251/2007. Family members of a person with international protection status, who do not individually qualify for such status, are granted a Permesso di soggiorno per motivi familiari under Article 30 of D.Lgs. n. 286/1998.
Required Documentation
To apply for family cohesion, the following documents must be submitted:
- A copy of the passport, including personal details, visa stamps, and renewal pages.
- Proof of familial relationship (e.g., birth or marriage certificates) translated and legalized according to agreements with the country of origin.
- A copy of the family member’s passport and Permesso di soggiorno.
- Proof of adequate housing, such as the Certificato di idoneità abitativa under Article 29, paragraph 3, letter a).
- Proof of sufficient income, such as tax declarations of the supporting family member.
In cases involving refugees or those with subsidiary protection, there is no requirement to demonstrate income or housing suitability.
Application Process
Family cohesion applications are submitted at the Questura.
The procedure requires:
- Completion of Form 1 or Form 2 (for applicants with personal income).
- Submission via the ELI 2 postal kit.
Special Considerations
- Tourism to Family Residence Permit Conversion
It is possible to convert a short-term visa, such as a tourist visa, into a Permesso di soggiorno per motivi familiari if the family member in Italy meets the requirements for family reunification. Article 30, paragraph 1, letter c), does not restrict the type of permit held by the family member. - Court Rulings on Income Requirements
Several court rulings, including those by the Tribunale di Venezia and the Tribunale di Modena, highlight the flexibility of income requirements, considering the family’s overall financial capacity and integration within Italy. - Exceptional Circumstances for Refugees
Applicants holding refugee or subsidiary protection status are not required to meet the same income or housing criteria, emphasizing the humanitarian considerations of family unity.
Legal Insights and Implications
Family cohesion rights are safeguarded under both Italian law and EU directives, ensuring that families can maintain unity even in complex legal and logistical situations. If your application faces challenges, legal recourse is available, as demonstrated by precedents set by Italian courts.
Alessandro is a former legal advisor to the Italian Government and has worked with top law firms in Rome, focusing on international marriage and immigration law. He now supports foreign couples getting legally married in Italy, offering expert guidance on paperwork, consular requirements and legal recognition in their home country.
Your dedicated Legal Counsel for “Coesione Familiare” after the Marriage in Italy
Due to our experience in law firms and the foreign offices of the Italian public administration, we gained significant expertise in Consular affairs, and we are trained to solve the most complicated procedure such as:
- Marriage Nulla osta process, legalization procedure, Court hearings for the refusal of the town hall when there documents missing , legal translation, apostille procedure, emergency procedure for legalization.
- Immigration law services and consular support for non-EU citizens applying for a Schengen visa.
- Family reunification and family cohesion.
- Same-sex couples that want to celebrate a civil union in Italy when in their country the union is forbidden.
- Couples that come from countries where divorce is not allowed;
Italians living abroad registered at A.I.R.E. that need to recover their document to start the marriage banns in the Italian Consulate. - Assistance with people that come from countries that do not release the nulla osta.
- American and Australian couples who need assistance with “atto notorio” in an Italian Court or the Italian Consulate in the USA or Australia.
