In many EU Member States the law protects the right for a couple to be together. So what happens when an Italian spouse wants to move to Italy with their foreign spouse?
This article aims to provide you with some useful information regarding the Italian residency permit for foreign spouses.
In essence, if a couple wants to move to Italy and the foreign spouse is not an EU citizen, he or she will only be able to spend 3 months in Italy on a tourist visa. On the other hand, there are no time limitations for EU citizens. Therefore, if a non-EU citizen wishes to stay in Italy longer they will need to apply for a residency permit.
What are the requirements to get a residency permit?
In order to apply for a permit, you will need the following:
- The Italian marriage certificate. This will be issued by the municipality where the Italian spouse is registered with the AIRE
- The spouses’ passports
- Passport-size photos
You will also need to pay a 16 euro fee. It is important that the non – Italian spouse’s vital records – including IDs – do not have any discrepancies; for instance, the spouse’s name on the birth certificate needs to match the one on the marriage certificate.
How can you apply?
Once the couple is in Italy the Italian spouse will need to go to the municipality to register as a resident. Since the process may take up to two months, and since the non-Italian spouse can only stay in Italy for 3 months, it is advisable for the Italian spouse to register as a resident in their municipality upon arrival. When they have become a resident, the non – Italian spouse can begin the application process to obtain a residency permit (permesso di soggiorno). If the couple divorces or the Italian spouse passes away or leaves Italy within 5 years from the date of issuance of the foreign spouse’s residency permit, the non – Italian spouse might no longer be able to stay in Italy. By contrast, if any of the above – mentioned circumstances occur after 5 years, the non – Italian spouse can remain in Italy on a different residency permit, which will no longer be linked legally to being married to an Italian citizen.
Can the spouse of an Italian citizen live in another EU country?
Please note that if the couple move to another EU member state, the Italian spouse will need to register as a resident in the city where the couple decide to live in order for the foreign spouse to be able to apply for a residency permit in that country.
What if the spouse of Italian descent has not obtained Italian citizenship yet?
The circumstances we have discussed so far apply to people who have married an Italian citizen. But what happens to those who are married to someone who is about to apply for Italian citizenship in Italy? In most cases, the Italian government only allows the individual requesting citizenship by descent (jure sanguinis) to reside in Italy throughout the entire application process while the non – Italian spouse is generally not allowed to stay in Italy throughout the process. However, in some areas of Italy, the non – Italian spouse can also obtain a residency permit for family reasons.
Finally, what are the differences between having residency and applying for citizenship by marriage?
Applying for citizenship by marriage requires waiting a number of years before filing an application (2 years from the date of marriage if the couple reside in Italy, 3 years if they reside abroad). It also entails passing a language test and a criminal record check. Finally, it can take 2 years (which can be extended to a maximum of 3 years) to be granted citizenship. On the other hand, applying for a residency permit is a much faster process and it does not require to obtain a language certificate.
We hope that this article has provided you with a basic understanding of applying for a residency permit. If you have any questions, do not hesitate to contact us at [email protected].
