Notes from the online meeting of 19 June 2024: family permesso, coesione familiare, notarial matters

PERMESSO DI SOGGIORNO PER MOTIVI FAMILIARI

Permesso di soggiorno per motivi familiari / Residence permit for family reasons – a document that allows non-EU foreign nationals who have entered Italy for family reasons to live in Italy. It is issued:

🔘to a foreign national holding an entry visa for “family reunification” (ricongiungimento familiare), an entry visa for a “family member”, or a visa for “reunification with a minor child”;

🔘to a foreign national who has lived in Italy for at least one year and has married, in Italy, an Italian citizen, a citizen of another European Union member state, or another foreign national legally resident in Italy;

🔘to a person who already holds a residence permit (of any type) and wishes to reunite with a family member legally resident in Italy: the existing permit is converted into a residence permit for family reasons.

This conversion from one type of permit to another takes place in Italy, with no need to return to the country of origin, and the application can be submitted up to one year after the permit you hold has expired;

🔘to the foreign father or mother of an Italian minor living in Italy;

🔘to a foreign family member of a refugee, even if they do not hold a valid residence permit.

📍Who is entitled to a residence permit for family reasons?

The holder of a valid residence permit can apply for:

• a spouse with whom they live;

• a minor child (including a child of the spouse or one born out of wedlock, unmarried, provided that the other parent has given consent);

• dependent adult children, if their state of health prevents them from providing for their own needs;

• dependent parents who have no other children in their country of origin, that is, parents over sixty-five who cannot support themselves for serious, documented reasons;

• relatives up to the second degree (father, mother, grandparents, brother, sister) of an Italian citizen, who live with them.

📍How long is a residence permit for family reasons with an Italian citizen valid?

•This residence permit for family reasons has a standard validity of 2 years, as does the residence permit for relatives up to the second degree of an Italian citizen (father, mother, grandparents, brother, sister), governed by art. 19, paragraph 2 of the Legislative Decree of 25 July 1998, n.

📍How long is a family permit valid when you join a foreign national who holds a residence permit?

•A residence permit for family reasons has the same validity as the residence permit of the family member you are joining, and can be renewed together with it (article 30, paragraph 3 TUI).

📍Requirements for a foreign national applying for family reunification

• hold an EU long-term residence permit, or a valid residence permit of at least 1 year issued for employment, self-employment, asylum, protection, humanitarian reasons (until its conversion into a permit under additional protection), study, religious reasons or family reasons, or hold a residence permit for scientific research, regardless of its length;

•have an adequate income to support the family;

•have accommodation that meets health and hygiene standards, with its suitability certified by the competent municipal authorities;

• and also document the family relationship with the non-EU foreign national (in the case of children, wife / husband).

📍 First issue of a residence permit for family reasons after family reunification

After entering Italy, the foreign national must go within 8 days to the Sportello Unico (immigration office) at the Prefettura where the application was filed and, after signing the integration agreement, send the completed residence permit application form to the Questura (police immigration office) in the special yellow envelope through the offices of Poste Italiane.

The foreign national will have to pay

▪️ a revenue stamp (marca da bollo) of €16.00;

▪️ a fee of €30.46 for issuing the electronic residence permit;

▪️ a fee of €30.00 for postage;

▪️ plus the contribution for issuing the residence permit.

📍Documents required for a residence permit for family reasons

Documents required to issue a residence permit for family reasons:

➖€16 revenue stamp;

➖Copy of the passport of the family members who entered with a visa (only the pages with stamps and visas);

➖Copy of the Nulla osta for family reunification;

➖Copy of the residence permit of the person who applied for reunification;

➖Copy of the documents proving the family relationship (apostilled, with a legalised translation, if issued by the country of origin);

📍 Renewing a residence permit for family reasons

At least 60 days before the residence permit expires, the foreign national must apply to renew the residence permit for family reasons.

The application to renew a family permit must be submitted through authorised post offices, the so-called “Sportello amico”, in the yellow postal kit, as for the first residence permit and for the open-ended EU long-term residence permit.

📍Documents for renewing a residence permit for family reasons

• application form:

–Form 1 of Model 209 (postal kit);

–Form 2 of Model 209 (postal kit – only if you have a job or earned income, and if you want to convert the family permit into an employment permit);

· copy of the pages of the valid passport showing personal details, extension stamps and visas;

· copy of the expiring residence permit of the foreign family member already legally resident (under article 28, paragraph 1 T.U.I.). This must be an EU long-term permit or a permit of at least one year, issued only for self-employment, employment abroad, study, international protection, religious or family reasons;

• codice fiscale (tax code);

• carta d’identità;

• proof of a fixed place of residence (certificato di residenza);

• an up-to-date family status certificate (certificato dello stato di famiglia), or a declaration of hospitality validated by the police, or a joint lease registered with the Italian Revenue Agency (Agenzia delle entrate);

· copy of the family member’s valid passport (personal details pages);

· copy of the family member’s residence permit;

• the family member’s codice fiscale;

• the family member’s carta d’identità;

• 4 passport photos of the applicant, plus 4 passport photos of each child under 14 to be included in the P.S. (the children must be present at the appointment);

• certificates proving the family relationship (apostilled, translated and legalised, if issued by the country of origin)

• documents proving the suitability of the accommodation (idoneità Alloggiativa), required only if there are minor children;

• a document proving a “minimum annual income from lawful sources, not lower than the annual amount of the social allowance, increased by half for each family member being reunited” (art. 29, para. 3, b) T.U.I.). The total annual income of the family members living with the applicant is also counted;

• for minor children, the written consent of the other parent, if there is one (apostilled, translated and legalised, if issued by the country of origin);

•for dependent adult children, a certificate of total disability.

❗️The Questura may request additional documents

📍CHILDREN

If a foreign minor is still under 14 years of age, their residence permit will be linked to that of the parent with whom they entered Italy or who brought them over through reunification.

Once the minor turns 14, they are entitled to a residence permit for family reasons, valid until they come of age.

At 18 there are two options

RENEWAL or CONVERSION

1. The residence permit for family reasons is renewed if the young foreign national is still dependent on their parents, and the new permit will have the same duration as the residence permit of the foreign family member who meets the requirements for reunification, as provided by law.

2. Otherwise, on turning 18, those who meet the requirements can request the conversion of the permit into another type of residence permit for study, access to work, employment or self-employment, or for health and care needs.

❓If a parent holds a long-term residence permit, can the child have the same permit?

In a circular of 6 September 2019, the Ministry of the Interior clarified that minor children of holders of an EU long-term residence permit must still have legally resided in Italy for at least five years before they can obtain the same type of document.

In the same circular the Ministry clarified that the income requirement must also be established for minors, “through an overall assessment of the family’s assets”.

And remember that minors are exempt from the Italian language test until the age of fourteen.

📍 Marriage of a foreign national to an Italian citizen

A foreign national who marries an Italian citizen in Italy is entitled to a residence permit for family reasons, even if they were staying in Italy irregularly before the marriage.

If you hold a residence permit issued for any other reason, you can apply to convert it into a family permit using the postal kit, which will be sent to the Questura through authorised post offices.

In this case, the documents to submit are:

🔘revenue stamp (marca da bollo) €16;

🔘4 passport-size photos;

🔘documents proving cohabitation and the marriage;

🔘a copy of your passport.

This permit is issued only after checks that the couple actually live together at the address declared in the residence permit application.

📍Marriage of a foreign national to a foreign national holding a residence permit

A foreign national who has married in Italy and has held a residence permit for at least one year, or a legally resident foreign national (or one within a year of their permit’s expiry) who is a family member of a legally resident foreign national meeting the requirements for reunification, can apply to convert the permit they hold into a family permit.

Documents

In addition to Form 1 of Model 209 (Form 2 if the applicant has their own income), the following must also be included:

🔘Documents proving the family relationship, apostilled, translated and legalised (for a marriage celebrated in Italy, completing Form 1 counts as self-certification);

🔘Copy of the passport pages with personal details, renewal stamps and visas;

🔘Copy of the valid (or expired) residence permit;

🔘Copy of the family member’s passport (personal details pages);

🔘Codice fiscale;

🔘Copy of the family member’s residence permit;

🔘Copy of the tax return of the foreign family member with whom reunification is sought (when the reunification requirements must be shown);

🔘Certificate of suitability of the accommodation under article 29(3)(a) (when the reunification requirements must be shown).

📍 On the website you can check the progress of your application, the date of your appointment at the Questura and the date for collecting the new residence permit.

📍If at the time of renewal the non-EU foreign national no longer has family ties (in the case of divorce or the death of the spouse who was entitled to reunification), the residence permit for family reasons can be converted into a permit for employment, self-employment or study.

📍 The holder of a residence permit for family reasons can

· travel to Schengen countries for periods of less than three months;

• enrol in education or vocational training courses;

• register with an employment centre;

• work as an employee or be self-employed; the permit can also be used for any other activity permitted to a foreign national, without conversion or amendment of the document, for as long as it is valid;

· apply for Italian citizenship after at least 10 years of continuous legal residence in Italy, or once 3 years (or 1.5 years if there are children in common) have passed since the date of marriage, if the husband / wife is an Italian citizen;

· register free of charge (registration is compulsory) with the local health authority (ASL) where they live;

· benefit from social security measures (family allowances, unemployment benefit, etc.).

📍Refusal of a residence permit for family reasons

An application to issue or renew a foreign national’s residence permit for family reasons is rejected, and the residence permit is revoked, if it is established that the marriage, another form of union under L. 76/2016, or the adoption took place solely to allow the person concerned to stay in Italy.

❗️ATTENTION

If you have committed offences in the past, or the marriage is found to be a sham, your residence permit may be refused on that ground. If you receive a notice refusing the issue/renewal/conversion of a residence permit for family reasons or, worse still, revoking your residence permit, contact a professional immediately.

📍 Loss and duplicate of a residence permit

If your residence permit is stolen or lost, you must report it to the police as soon as possible.

A duplicate must be requested from the competent Questura by filling in the relevant kit, available at post offices.

The following must be attached to the duplicate request:

🔘Copy of the passport

🔘Copy of the theft or loss report

Issuing a duplicate is NOT subject to the residence permit contribution or the €16 stamp.

COESIONE E RAGGIUNGIMENTO FAMIGLIARE

What is COESIONE FAMIGLIARE / family cohesion?

COESIONE FAMIGLIARE / family cohesion is a family “reunification” carried out directly in Italy. That is, if you live legally in Italy and meet all the requirements for family reunification / Ricongiungimento familiare, you can convert your residence permit / Permesso di soggiorno into a residence permit for family reasons / Permesso di soggiorno per motivi familiari. This is possible under art. 30, paragraph 1, letter c) of Legislative Decree no. 286/98, the Testo Unico sull’immigrazione, i.e. the Immigration Act, which provides that a residence permit for family reasons is issued to a family member already living in Italy with a residence permit (permesso di soggiorno) for reasons other than family, if they meet all the requirements for family cohesion with another foreign national legally resident in the country (articles 28 and 29 T.U. Immigrazione).

What is the difference between Coesione familiare / family cohesion and Ricongiungimento familiare / family reunification?

COESIONE FAMIGLIARE / family cohesion, unlike Ricongiungimento / family reunification, does not require the foreign national in Italy to first apply for a family reunification authorisation at the Single Immigration Desk of the relevant Prefecture / Sportello Unico Immigrazione and then for a family visa. In this case, the residence permit / Permesso di soggiorno of the foreign family member already legally staying in Italy is converted into a permit for family reasons.

Who can apply for COESIONE FAMIGLIARE / family cohesion?

The same family members listed in art. 29 of the Testo Unico Immigrazione / Immigration Act (that is, the same family members who can be brought over through family reunification / Ricongiungimento familiare).

A foreign national applying for family cohesion in Italy must be legally resident in Italy.

Foreign nationals from third countries (i.e. non-EU countries) with which Italy has signed bilateral agreements providing for visa-free travel for tourism, and who entered Italy as tourists, are considered legally resident. In this case, legal status can be proven by the entry stamp in the passport affixed by the Italian Schengen border authorities or, if entry was through the external border of another Schengen country, by a declaration of presence made at the competent office of the Questura.

For family members of foreign nationals holding a residence permit for political asylum / asilo politico or subsidiary protection / protezione sussidiaria (and therefore beneficiaries of international protection), family cohesion is allowed even if the family member does not hold a valid residence permit.

Requirements for applying for family cohesion / Coesione familiare:

– a valid residence permit / Permesso di soggiorno of the family member

This must be an EU long-term residence permit or a valid residence permit of at least one year issued for employment or self-employment, family reasons, asylum / subsidiary protection / asilo o protezione sussidiaria, humanitarian reasons, study or religious reasons (art. 28, paragraph 1, Testo Unico Immigrazione), even while it is being renewed.

– documents proving the marital or family relationship or a civil union between persons of the same sex

Certificates proving the marital or family relationship or a same-sex civil union must be apostilled, translated and legalised.

-income

You must have an income not lower than the annual amount of the social allowance (for 2024, €7,891.93 a year, i.e. €598.61 a month), increased by half for each family member (the same as for family reunification / Ricongiungimento familiare).

– housing/accommodation

The applicant must show they have accommodation that meets health and suitability requirements.

The suitability of the accommodation must be certified by the competent municipal authorities (the same as for family reunification / Ricongiungimento familiare)

– health insurance (for parents over 65).

How long does it take to obtain a Permesso di soggiorno per motivi familiari through Coesione familiare?

Under art. 5, paragraph 9 of the Testo Unico Immigrazione / Immigration Act, a residence permit is issued, renewed or converted within sixty days of the application date. However, it is not at all unusual for some foreign nationals to wait months or even years to receive it. In that case you can turn to a lawyer, who will help you resolve the matter.

COPPIA DI FATTO

In 2016 the Cirinnà law (Law no. 76/2016) introduced important changes for unmarried couples, including in immigration matters. Art. 1, paragraph 36 of the same law defines de facto cohabitation as two adults bound by a stable emotional relationship as a couple and by mutual moral and material assistance, who are not related to each other.

A cohabitation agreement is a public notarial deed or an authenticated private deed by which the parties can set out provisions on the family’s place of residence, the ways in

which each of them contributes to the family, and the choice of a joint property regime.

HOW TO REGISTER A DE FACTO COHABITATION

You must submit a specific declaration to the civil registry office of your place of residence.

This declaration must be signed before an employee of the municipal registry. In this way you will be able to

obtain a family status certificate attesting the cohabitation. However, under the Cirinnà law and according to its literal interpretation, the necessary condition for proving cohabitation is a certificate of shared registered residence.

TO OFFICIALLY REGISTER THE DE FACTO COHABITATION OF AN ITALIAN CITIZEN WITH A NON-EU NATIONAL YOU NEED:

·Neither partner may be married;

·Live together, with a shared residenza;

·If a non-EU national (extracomunitario/extracomunitaria) lives with an Italian citizen, they can apply for a permesso for family reasons.

They must have a shared registered residence (it follows that the person must have residenza, and residenza is not granted without a permesso, so they need a residence permit of some kind).

Passport of the non-EU partner

·Carta d’identità of both

·Codice fiscale of both

·Nulla osta, a document certifying the foreign national’s free (unmarried) status

(obtainable from the embassy/consulate of the foreign national’s country of origin in Italy)

·Certificato di residenza

·Documents proving cohabitation: lease agreement, utility contracts in both partners’ names, a joint bank account statement, etc.

·Documents proving the Italian citizen’s adequate financial means / reddito.

NOTARIAL MATTERS

Notarial activity is the activity of notaries and other persons authorised by the state to perform notarial acts: certifying undisputed rights and legally relevant facts and attesting documents, in order to give them official and evidentiary force.

Notarial activity is not a business activity and is not aimed at making a profit (income).

CERTIFYING POWERS OF ATTORNEY

1. Application

2. The applicant’s valid international passport and a copy

3. Copy of the applicant’s identification number

4. Copies of the authorised representative’s documents, namely copies of pages 1–2 of their Ukrainian citizen’s passport (internal passport), a copy of the page with the registered address, and a copy of the representative’s Ukrainian identification number

5. Copy of the vehicle registration certificate, when certifying a power of attorney to dispose of a car

The consular fee depends on the type of power of attorney.

APPLICATION – CONSENT FOR A MINOR TO CROSS THE BORDER

1. Completed application form

2. The original of your international passport (if it has been lost, submit the original

of your valid internal passport)

3. A photocopy of the first page of your international passport (photocopies of the pages with

entries in the internal passport, if the international passport has been lost)

4. A photocopy of the minor child’s birth certificate

Important!!!

1. A certificate issued by the competent Italian authorities must be legalised at the Prefettura of the child’s parents’ place of residence by affixing an “Apostille” stamp.

2. Both the certificate and the stamp must be translated into Ukrainian: this can be done by a translator accredited with the court (Tribunale).

3. The same court affixes a second “Apostille” stamp to the translation.

Consular fee €18.

Issued for one year.

APPLICATION TO ACCEPT OR RENOUNCE AN INHERITANCE

1. Application

of your valid internal passport)

4. A photocopy of the deceased’s death certificate

5. A photocopy of the tax (identification) number

6. A photocopy of the will (if there is one)

Consular fee €18.

CERTIFYING WILLS

1. The applicant’s valid Ukrainian passport for travel abroad

(international passport) + a copy of the first page (if there is no international passport, a valid internal passport can be submitted + copies of the pages with entries)

2. Copy of the applicant’s Ukrainian identification number

3. Copies of the authorised representative’s documents, namely a copy of page 1 of their Ukrainian

citizen’s passport (internal passport)

Consular fee €28.

CERTIFYING TRUE COPIES OF DOCUMENTS

1. An application completed and signed in your own hand, submitted to the consulate

2. The applicant’s Ukrainian passport for travel abroad + a copy of the first page

3. The original document whose copy is to be certified

Consular fee €9.

CERTIFYING A SIGNATURE ON AN APPLICATION

The consul certifies the authenticity of a signature on documents whose content does not contravene the law, which are not in the nature of transactions and which contain no information defaming a person’s honour and dignity. In certifying the authenticity of a signature, the consul does not certify the facts set out in the document, but only confirms that the signature was made by a particular person. When performing notarial acts, the consul establishes the identity of the Ukrainian citizen, their representative or the representative of the enterprise, institution or organisation that has applied for the notarial act. The identity of a Ukrainian citizen is established on the basis of their passport.

All paperwork is conducted in Ukrainian.

Failure to provide information or documents requested by the consul is grounds for postponing or suspending the notarial act or refusing to perform it. A notarial act may be postponed when additional information or documents need to be requested or documents sent for expert examination, as well as on other grounds provided for by Ukrainian law.

The consul refuses to perform a notarial act

· if the act contravenes Ukrainian law;

· if the documents submitted do not comply with the requirements of Ukrainian law,

or their content may harm the interests of Ukraine,

or they contain information defaming the honour and dignity of citizens;

· if the documents submitted contain erasures or additions, crossed-out words

or other corrections not expressly noted;

· if the documents submitted are written in pencil or in disappearing ink.