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e-mail: info@consulenzaimmigrazione.eu

 

 

Family reunification

1. FAMILY REUNIFICATION WITH A CITIZEN FROM NON EU CONTRIES

A. Citizen from non EU countries can apply for family reunification if he/she holds:

1. residence permit EU for long-term residents;

2. other kind of residence permit that has the duration not less than one year, issued:

  • for acts of particular social value,

  • for employment,

  • for self-employment,

  • for political asylum,

  • for subsidiary protection,

  • for study,

  • for religious reasons,

  • for family reasons

It is possible to submit the application for family reunification also if the applicant is pending the renewal of residence permit, while in possession of the receipt of the renewal.

B. Family reunification can be asked for:

  • Spouse not legally separated and older than eighteen years;

  • Minor children, including those from the spouse or born out of marriage. The condition of the minority must exist at the time of application;

  • Adult children when, for objective reasons, they can not provide for their essential needs of life because of their state of health which involve their total disability

  • Dependent parents if they have no other children in the country of origin, or parents with at least 65 years, if other children are not able to support them because of serious and documented reasons of health. In this case you will need to take out private health insurance or to enroll the parent in the National Health System by paying a contribution

C. The non-EU citizen applying for family reunification must demonstrate the availability of:

  • Suitable accommodation that is within the minimum parameters requested by the regional law for public housing or which correspond to the health standards certified by the competent ASL;

  • Sufficient income which can also derived form the combined income of family members living together – not less than the annual social income increased by half of that amount for each family member to rejoin;

  • Family relationship with the person to rejoin – you must submit the certification that certifies the family relationship (certificate of family status). This certification must be translated, legalized and validated by the Italian Consulate in the country of origin of the applicant.

THE PROCEDURE
The procedure for family reunification is divided into two phases.

The first phase concerns the verification of the objective requirements for the issuing of permission for family reunification – nulla osta- (residence permit, income, accommodation), the second phase concerns verification of the subjective requirements for issuing an entry visa (family relationship and other requirements of the relatives to rejoin).

Documentation that proving the posses of the requirements (residence permit, income, accommodation) must be submitted when the applicant will turn up for an appointment in the Sportello Unico Immigrazione.

2. FAMILY REUNIFICATION WITH ITALIAN CITIZEN OR EUROPEAN COMMUNITY CITIZEN

An Italian or EU citizen legally residing in Italian territory, can apply for family reunification of the following family members that are non Eu citizens:

  • Italian or EU citizen’s spouse;

  • Own children or children of the spouse, and if older, when they depend by the Italian citizen or by the European Community citizen or by his/her spouse;

  • Own ascendants or of the spouse, when dependent;

  • Any other family member who, in the country of origin, is living with or is dependent of the spouse, the ascendants of the Italian or EU citizen or ascendants of his/her spouse.

The Italian or EU citizen does not need to submit an application for family reunification, does not need to demonstrate the requirements for income and accommodation, but should only require a special entry visa at the Italian Consulate in the country of origin of the family member. 

3. FAMILY REUNIFICATION WITH HOLDERS OF RESIDENCE PERMIT FOR REFUGEES STATUS OR FOR SUBSIDIARY PROTECTION

The foreigner who holds refugee status or subsidiary protection may request family reunification for the same categories of relatives and with the same method described for non-EU citizens, except that the holder of refugee status or the holder of the subsidiary protection does not need to demonstrate the requirements for income and accommodation. The foreigners pending the approval of the status of refugee or subsidiary protection do not have right to family reunification.

WHAT TO DO IN CASE OF REJECTION OF THE APPLICATION FOR A FAMILY REUNIFICATION?

The rejection of the application for family reunification may be appealed to the Ordinary Court, Specialized Section on Immigration, International Protection and Free Movement of EU Citizens of the place of residence of the foreigner who applied for the reunification.

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Miss. Ivana Stojanova, Barrister in Bologna, provides legal assistance on issues related to family reunification:

– Possibility or not to apply for family reunification

– Selection of documents to be submitted with the application for family reunification

– Submission of the application for family reunification

– What to do in case of rejection of the application for family reunification?