Family Cohesion Residence Permit in Italy: Complete Guide

Introduction

The Family Cohesion Residence Permit is a legal instrument under Italian immigration law that allows a foreign citizen already in Italy to regularize their status and live with a family member legally residing in the country or an Italian citizen.

Its legal basis is found in Article 30, paragraph 1, letter c) of the Consolidated Immigration Act (Legislative Decree 286/1998, known as TUIM).

This guide explains:

• What family cohesion is.
• What art. 30, paragraph 1, letter c) TUIM provides.
• Who can apply and how the procedure works.
• The difference between family cohesion and family reunification.

What is family cohesion?

Family cohesion allows a foreign citizen already present in Italy (even without a valid residence permit or holding a different type of visa) to obtain a residence permit for family reasons.

It applies when the foreigner is already in Italy and has the right to live with a family member who is:

• An Italian citizen, or
• An EU citizen residing in Italy, or
• A non-EU citizen with a valid residence permit.

In short, cohesion makes it possible to convert an irregular status or another permit into a family permit without leaving and re-entering Italy.

Legal reference: art. 30, paragraph 1, letter c) TUIM

Article 30 of the Consolidated Immigration Act (TUIM) regulates residence permits for family reasons.

Paragraph 1, letter c) states that the permit is issued to the foreigner:

“... who is already on the national territory and is entitled to family reunification with a legally residing family member, or with an Italian or EU citizen residing in Italy.”

This means that those already in Italy and meeting the requirements can apply for cohesion instead of family reunification from abroad.

Who can apply for family cohesion

Applications can be made by:

• The spouse of an Italian, EU, or legally residing non-EU citizen.
• Children under 18 or dependent adult children.
• Parents who are dependent on an Italian or EU citizen.
• Other family members recognized under Italian or EU law (e.g. registered partners in a civil union).

Family cohesion procedure

1. Check eligibility: proof of family relationship must be provided (marriage, birth certificates, etc.).
2. Apply at the Questura: the application is filed with the Immigration Office of the Questura where the family member resides.
3. Documents required (may vary, but usually include):
   • Applicant’s passport.
   • Residence permit or ID card of the family member.
   • Certificate proving family ties.
   • Passport photos, revenue stamp, and application forms.
4. Permit issuance: once approved, a residence permit for family reasons is granted, with the same duration as that of the sponsoring family member.

Difference between family cohesion and family reunification

These two procedures are often confused, but they are different:

• Family reunification:
  • Requested from abroad.
  • The family member is not yet in Italy.
  • Requires a clearance (nulla osta) from the Immigration Office (Sportello Unico) and then a visa from the Italian consulate.
• Family cohesion:
  • Requested in Italy, when the foreigner is already in the country.
  • No visa or exit from Italy is required.
  • Application is filed directly with the Questura.

In short: reunification serves to bring family members into Italy, while cohesion serves to regularize those already in Italy.

Duration and rights of the cohesion permit

• Duration is the same as that of the family member’s permit (e.g. 2 years if the spouse holds a 2-year work permit).
• It allows the holder to work in Italy without needing any extra permits.
• Grants access to healthcare and social rights.
• Over time, it can lead to an EU long-term residence permit or Italian citizenship (in case of marriage with an Italian citizen).

Conclusion

The Family Cohesion Residence Permit is a key tool for foreigners already in Italy wishing to regularize their stay with family. It differs from family reunification and is based on art. 30, paragraph 1, letter c) TUIM.

Understanding the difference is crucial to choosing the right procedure and obtaining the correct residence permit in Italy.

Tags

residence permit, family cohesion, family reunification, immigration italy, article 30 tuim