When Elderly Parents Cannot Join Their Children in Italy: A New Ruling Clarifies the Rules
A recent decision by the Tribunal of Rome is drawing attention to one of the most sensitive aspects of Italy’s immigration framework: the family reunification of elderly parents. The ruling, delivered on 20 November 2025 in proceedings registered under number 27916 of 2025, confirms that the presence of other children in the country of origin remains a decisive factor when evaluating an entry-visa request for parental reunification.
The case was brought by a Moroccan citizen holding a long-term EU residence permit. He had successfully obtained authorization from the Single Immigration Desk of the Prefecture of Rovigo to bring both parents to Italy. However, despite this authorization, the Italian Embassy in Morocco denied the visa to his mother, arguing that the statutory requirements had not been met. According to the embassy, the key issue was that the woman had eight children in total, several of whom continued to reside in Morocco.
The applicant attempted to overcome the objection by submitting a family-dependence certificate stating that his parents were financially supported by him. The Tribunal rejected this argument. In its reasoning, the court emphasized that Italian immigration law distinguishes between two alternative legal conditions: the “dependent parent” and the “parent over sixty-five years of age.” The distinction is not superficial—each category imposes different evidentiary requirements.
For dependent parents, the assessment focuses on financial need. But for parents who have passed the age of sixty-five, economic dependency is irrelevant. What matters instead is whether other children in the country of origin are able—or unable—to provide care. The legislator, the court explained, has intentionally adopted an approach that prioritizes the availability of personal assistance, not merely financial support.
In the case examined, the applicant did not demonstrate that the other children in Morocco were unable to care for their mother due to serious and documented health conditions. In the absence of such proof, the Tribunal held that the Embassy acted lawfully in refusing the visa. The challenge was therefore dismissed.
The ruling confirms a clear legal trend: family reunification for elderly parents requires a demanding level of documentation. Applicants must not only show that they can provide for their parents but also prove that no other siblings in the country of origin are able to undertake caregiving responsibilities.
While based on a specific dispute, the judgment offers broader guidance. As Italy continues to balance the constitutional protection of family unity with migration-management considerations, consular authorities and courts will continue to apply a rigorous standard of proof in cases involving elderly parents.
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