The permesso di soggiorno for family reasons (children)

A permesso di soggiorno (residence permit) is an administrative document that allows citizens of countries outside the European Union to stay legally in Italy. The rules on the permesso di soggiorno are set out in D.lgs. (Legislative Decree) No. 286/1998 (the so-called Consolidated Immigration Act, Testo Unico sull’Immigrazione – T.U.I.)

A foreign minor living in Italy with their parents (D.Lgs. No. 286/1998, art. 31) follows the legal status of the parent they live with or, where they live with both, the more favourable of the two parents’ statuses.

Since 23 July 2016 (when Law No. 122/2016, art. 10, came into force), the minor child of foreign nationals has been issued an INDIVIDUAL electronic permesso di soggiorno for foreign minors (circular on the “allegato minori” (minors annexed to a parent’s permit)).

The minor is entitled to be issued a permesso di soggiorno per motivi familiari (residence permit for family reasons), valid until they come of age, or an EU long-term residence permit (permesso di soggiorno UE per soggiornanti di lungo periodo) if one of the parents holds one.

How do you renew or apply for the permesso di soggiorno?

The minor’s parents must go to an authorised post office (Sportello Amico) or directly to the Questura (police immigration office), depending on the type of permit being applied for.

NEWBORNS

To obtain a permesso di soggiorno for children born in Italy, the parent’s permesso di soggiorno must go through the UPDATE (aggiornamento) procedure.

You only need to fill in Modulo 1 of form 209 (mod. 209) in the parent’s name, entering the newborn’s details.

Bear in mind that to obtain the permesso di soggiorno for minors (always an INDIVIDUAL electronic permesso di soggiorno ), you must pay a fee of €30.46 for the permit itself (in the minor’s name) and another €30.46 for updating the permit of one of the parents (in the parent’s name). Note that for children under 14 two separate payment slips (bollettini) must be used, but the application can be sent in a single kit.

It is important to attach a copy of the child’s birth certificate (atto di nascita) to the application. This step is essential to ensure that the newborn is legally recognised in the parents’ permesso di soggiorno.

Foreign minors UNDER 14

The permesso di soggiorno for children under 14 is a document required for children who wish to stay legally in a country other than the one they were born in.

If the foreign minor is under 14, their permesso di soggiorno will be linked to that of the parent with whom they entered Italy or who brought them over through family reunification. Following the reform, the minor has their own permit, which is also recorded on the parent’s permit. Some foreign minors still hold a “permesso di soggiorno allegato minore” (a permit on which the minor is annexed to the parent), because their parents have not updated their own residence permit and detached the minor child from it by applying for a separate permit for the child.

Parents or legal guardians must submit an application to the competent Questura, following the procedure it indicates, and show a valid reason for the stay, such as family reunification or international protection.

The length of validity of the permesso di soggiorno for children under 14 varies according to the reason for the stay.

Foreign minors AGED 14 TO 18

On turning 14, the minor is entitled to a permesso di soggiorno per motivi familiari, valid until they come of age.

A foreign minor aged between 14 and 18 can hold their own permesso di soggiorno per motivi familiari, not linked to their parents’ permits.

Bear in mind that to obtain the permesso di soggiorno for minors (always an INDIVIDUAL electronic permesso di soggiorno ), you must pay a fee of €30.46 for the permit (in the minor’s name). The application is sent using a postal kit in the minor’s name, signed by the minor.

The length of validity of the permesso di soggiorno for minors aged 14 to 18 varies according to the reason for the stay.

COMING OF AGE

On turning 18 there are two options: RENEWAL or CONVERSION

1. The permesso di soggiorno per motivi familiari is renewed if the young foreign national is still dependent on their parents, and the new permit will have the same duration as that of the foreign family member who meets the requirements for family reunification, as provided for by article 5 of the T.U.

2. Otherwise, on turning 18, those who meet the requirements can apply for conversion of their permit into another permesso di soggiorno for study, access to work, employment or self-employment, or for health and care needs (article 32 of the T.U.)

Documents for RENEWING the permit for family reasons (minor child)

The following documents must be attached to the application:

Poste Italiane / Immigration Office (Ufficio Immigrazione) of the Questura

– mod. 209, Modulo 1

– copy of the passport (only the pages with personal details and expiry date, visas and stamps)

– copy of the permesso di soggiorno
– copy of the codice fiscale (tax code), only if you already have one

– copy of the permesso di soggiorno of the parent or family member legally residing in Italy

– certificate proving the FAMILY RELATIONSHIP with the legally resident foreign national, TRANSLATED AND LEGALISED (birth certificate or another document showing the parents’ names)

– proof of current address:

• certificato di residenza (certificate of residence), or
• dichiarazione di ospitalità / cessione di fabbricato (declaration of hospitality / notice of transfer of a property), stamped by the receiving office

– certificato di stato di famiglia (family status certificate)

N.B. The Questura may ask for further documents:

• Dichiarazione di mantenimento del familiare (declaration of financial support for the family member) with a copy of the identity document
• copy of the INCOME documents of the family member already residing in Italy, e.g. Certificazione Unica, payslips, Modello Unico or bilancino (simplified accounts), etc. (adequate for the number of family members living together)
• Certificate of school enrolment and attendance

Sending the envelope (kit) from the post office (Sportello Amico)

The envelope (kit) must be presented together with the minor child; children over 14 sign the form themselves. Remember not to sign the application or seal the envelope, as the post office staff must check your application first.

You must show your original passport and permesso di soggiorno; it is also advisable to bring the original documents with you in case they need to be checked.

Costs:

• €30.46 for issuing the electronic permesso di soggiorno (remember that when the parent’s permit is updated, you must pay a fee of €30.46 for the permit itself (in the minor’s name) and another €30.46 for updating the permit of one of the parents (in the parent’s name));
• €30 for sending the application through the post office clerk;
• €16 for the marca da bollo (revenue stamp), bought at a tabaccheria (tobacconist’s)

You will receive a receipt from the post office, which you must keep as proof of your application for the permesso di soggiorno.

You will receive a summons from the Questura, generated automatically by the system, giving the day on which you must attend to have your photograph and fingerprints taken (rilievi fotodattiloscopici) (if no date is given and no text message with the date arrives within 90 days, it is advisable to send a PEC (certified e-mail) to the competent Questura)

Attending the Questura on the day of the appointment

Rilievi fotodattiloscopici (photographs and fingerprints)

On the day the permesso di soggiorno is handed over and activated, the parents must attend

together with any minor children over the age of 6.

In addition to any documents requested by the Questura, you must present:

your original, valid passport

your permesso di soggiorno

the originals of all the documents attached as photocopies to the postal kit

Minor children of holders of an EU long-term residence permit

Question: I hold a long-term residence permit; can my child have the same permesso di soggiorno?

Answer

In a circular of 6 September 2019, the Ministry of the Interior clarified that the minor children of holders of an EU long-term residence permit must still have resided legally 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 requirements must also be verified for minors, “through an overall examination of the family’s assets”. It also points out that children under fourteen are exempt from the Italian language test.