How to Obtain Schengen Visa by Marrying an Italian.
🛂 How to Obtain a Schengen Visa After Marrying an Italian Citizen
If you’re planning to marry an Italian citizen and wish to reside in Italy or elsewhere within the Schengen area, it’s essential to understand your rights, obligations, and the legal pathway to obtaining a family-based residence permit.
💍 Can You Get Married in Italy Without a Schengen Visa?
Yes. You do not need a Schengen visa or residence permit to get married in Italy. Whether you are marrying an Italian or a foreign citizen, a valid identity document—such as a passport—is sufficient to legally celebrate your marriage.
Even if you are currently undocumented or in an irregular situation, this is not an obstacle to marriage in Italy. Italian law recognizes the right to marry, regardless of your immigration status.
🏛 Legal Effects of Marriage Under Italian Law
Once the marriage is legally celebrated in Italy, Italian family law will apply to your union.
By default, the regime of “comunione dei beni” (shared ownership of acquired property) is applied. This means that all income and assets acquired after the marriage are considered jointly owned by both spouses. If the couple prefers the separation of property, this must be declared at the time of the marriage ceremony.
🛂 Transitioning to Legal Stay: Family Visa and Residence Permit
After marrying an Italian citizen, the foreign spouse becomes eligible for a family residence permit (permesso di soggiorno per motivi familiari). This applies even if the person was previously residing in Italy illegally or without proper documentation.
If the foreign spouse already holds a residence permit for other reasons (such as study or work), it can be converted into a family permit.
🛃 Fast-Track Family Reunification Procedure
To facilitate cohabitation, the Italian (or Schengen) spouse legally residing in Italy can initiate a family reunification procedure. This is a separate, faster process compared to applying for citizenship and can be launched immediately after the marriage.
We support our clients through every step:
- Within 90 days from the wedding, we prepare all the required documents.
- We apply for the Nulla Osta for family reunification (“Nulla Osta per ricongiungimento familiare”) at the “Sportello Unico per l’Immigrazione” in the competent Italian province.
- Once the Nulla Osta is issued, it is transmitted to the Italian Consulate in the foreign spouse’s home country, allowing them to obtain a family visa and legally enter or remain in Italy.
This visa also entitles the spouse to live and work in Italy and access Italian healthcare and social services.
🇮🇹 Acquiring Italian Citizenship Through Marriage
Marriage to an Italian citizen does not grant automatic citizenship.
- The foreign spouse must apply for Italian citizenship at the Prefettura after 2 years of legal marriage while residing in Italy.
- If the couple has children together, the required time is reduced to 1 year.
All documents must be submitted correctly, and the process includes language proficiency, background checks, and a waiting period.
🧾 Who Can Apply for a Family Residence Permit?
The residence permit for family reasons is issued:
- to the foreign national who has an entry visa for “family reunification,” or an entry visa for “family member accompanying,” or an entry visa for “reunification with a minor child”;
- to the foreign national who has been residing in Italy for at least one year and has married, in Italy, a citizen of Italy, or a citizen of an EU Member State, or another foreign citizen legally residing;
- to the individual who already has a residence permit (of any type) and wishes to reunite with a family member who is legally residing in Italy. The existing residence permit is converted into a residence permit for family reasons. The conversion takes place in Italy, without the need to return to one’s country, and can be requested within a year from the expiration date of the residence permit held;
- to the foreign parent of a minor Italian citizen residing in Italy;
- to the foreign family member of a refugee.
This permit allows access to welfare services, enrollment in educational or professional training courses, registration on job placement lists, and the performance of employed or self-employed work, subject to minimum age requirements.
📋 Required Documents and Application Process
Once a foreign citizen has married in Italy with an Italian citizen, they are entitled to a VISA for family reasons, even if they were an illegal or irregular citizen before the marriage.
If they have a residence permit for any other reason, they can request the conversion of their permit into a residence permit for family reasons using the kit sent to the Police Headquarters through authorized post offices.
If, however, they do not have any residence permit, the foreign citizen cannot be expelled and may still request a residence permit for family reasons by going directly to the Central Police Station, Office for Foreigners, to apply for the permit.
In this case, the documentation to be presented includes:
- revenue stamp;
- 4 passport-sized photos;
- self-certification by the Italian citizen attesting to cohabitation and marriage;
- photocopy of the passport.
This permit is issued only after verification of actual cohabitation at the declared residence at the time of the permit application.
❌ What If the Residence Permit Is Denied?
In case of denial of the residence permit for family reasons, an appeal can be made to the judge of the Tribunal in the place of residence. The acts of the proceeding are exempt from stamp duty and registration fee and from any other tax.
⚠️ Revocation and Conversion of the Permit
The issued residence permit is immediately revoked if it is found that the marriage did not result in actual cohabitation, unless children have been born from the marriage.
It is important to note that in the case of marriage of a foreign citizen with an Italian citizen, Italian law provides for the right to issue a “EU family member residence card”, by presenting to the Police Headquarters or sending through authorized post offices, the same documentation required for the residence permit for family reasons application.
In case of legal separation, dissolution of marriage, or in the event of the death of the family member who meets the requirements for reunification, the residence permit for family reasons can be converted into a permit for employed work, self-employed work, or for study purposes.
Who will Be Your Counselor Assisting You Throughout the Entire Process?
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:
1) 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.
2) Same-sex couples that want to celebrate a civil union in Italy as in their country the union is forbidden;
3) Couples that come from countries where divorce is not allowed;
4) Legal support for foreigners marrying an Italian citizen to obtain a family visa residence permit;
5) Italians living abroad registered at AIRE that need to recover their document to start the marriage banns in the Italian Consulate;
6) Assistance with people that come from countries that do not release the nulla osta;
7) American and Australian couples who needs assistance with “atto notorio” in an Italian Court or the Italian Consulate in the USA or Australia.
8) People with refugee status who have requested asylum in Italy.
For all other matters, please visit our FAQ section.
