Family reunification in Italy in 2026: the two-year residence rule, exceptions and practical steps

Family reunification in Italy in 2026: the two-year residence rule, exceptions and practical steps Family reunification remains one of the main legal routes for bringing close relatives to Italy, but the rules have become more demanding. In 2026, applicants must pay particular attention to the minimum period of lawful residence, housing requirements, income thresholds and the longer administrative deadline for the family reunification authorisation. This article concerns the ordinary family reunification procedure for a non-EU citizen who is lawfully residing in Italy and wants to reunite with non-EU family members under Articles 28 and 29 of Legislative Decree No. 286/1998. A different legal regime applies to family members of Italian and other EU citizens. Who can apply for family reunification? A non-EU citizen lawfully residing in Italy with a residence permit of at least one year may, in principle, apply for family reunification through the Sportello Unico per l’Immigrazione at the competent Prefecture. The family members who may normally be reunited are the spouse, provided that the spouse is at least 18 years old and the couple is not legally separated; unmarried minor children, including children of the spouse or children born outside marriage, subject to the consent of the other parent where required; dependent adult children who are unable to meet their essential needs because of a health condition resulting in total disability; and dependent parents in the circumstances specifically provided for by Article 29 of the Immigration Act. The two-year lawful residence rule One of the most important changes introduced in recent years is the requirement, in many cases, to have completed at least two years of lawful and uninterrupted residence in Italy before applying for family reunification. This means that holding a valid residence permit is not always sufficient by itself. For applications covered by the new rule, the applicant must also be able to show that the required two-year period has already been completed on the date on which the application is submitted. There are important exceptions. According to the current official guidance, the two-year requirement does not apply to beneficiaries of international protection and does not apply when the person to be reunited is a minor child. It is also considered inapplicable to EU Blue Card holders and to certain intra-corporate transferees, whose family rights are regulated by specific EU legislation. Because the applicability of the two-year rule depends on both the sponsor’s legal status and the family member concerned, it is advisable to verify the correct legal framework before filing the application rather than assuming that every family reunification case follows the same timetable. Housing requirements are now checked more strictly The sponsor must generally prove the availability of suitable accommodation. The housing must satisfy health and hygiene standards and the requirements for housing suitability. The current rules also require a more detailed check of the number of people who will occupy the property and of the minimum standards established by the applicable housing regulations. In practice, applicants should obtain the appropriate housing suitability certificate from the Municipality or the competent local authority and ensure that the number of current and future occupants is compatible with the size of the property. Problems with the housing documentation are a frequent cause of requests for additional documents and may significantly delay the procedure. There is a simplified rule when only one child under the age of 14 is being reunited with a parent: in that situation, the law allows the required housing documentation to be replaced in certain respects by the consent of the person who lawfully controls the accommodation. The exact documentation requested should nevertheless be checked with the competent Prefecture. Income: how the minimum threshold works The sponsor must normally show lawful annual income at least equal to the annual social allowance, increased by one half of that amount for each family member to be reunited. The income of family members already living with the sponsor may also be taken into account when properly documented. For 2026, the annual social allowance is €7,101.12. This means that the minimum income for one family member is normally calculated by adding one half of that amount to the basic annual allowance. The threshold then increases according to the number and composition of the family members concerned. Special rules apply where two or more children under 14 are being reunited. In addition, beneficiaries of refugee status or subsidiary protection are subject to a more favourable regime and are not required to prove the ordinary income and housing requirements for family reunification. The Prefecture may take up to 150 days to issue the authorisation The family reunification procedure begins with an online application for the nulla osta, the authorisation issued by the Sportello Unico per l’Immigrazione. The statutory deadline for issuing the nulla osta is now 150 days from the application. This is an important practical point. Families should not plan travel dates on the assumption that the authorisation will be issued within a few weeks. The legal deadline is substantially longer than in the past, and requests for additional documents may further affect the actual duration of the procedure. Once the nulla osta has been issued, the family member abroad must apply for the family reunification visa at the competent Italian embassy or consulate. Under the general rules on national visas, the prescribed deadline for a family reunification visa is 30 days from a complete and admissible application, although further checks may extend the practical processing time. What happens after arrival in Italy? After entering Italy with the family reunification visa, the family member must complete the residence procedure in Italy. The person is normally required to attend the Sportello Unico per l’Immigrazione and then submit the application for a residence permit for family reasons through the authorised postal procedure. The residence permit for family reasons gives broad rights. It allows access to employment, both employed and self-employed, access to education and vocational training, and access to the social and administrative services available under Italian law. Its duration is generally linked to the residence status of the family member who sponsored the reunification, within the limits established by the Immigration Act. What if the application or the visa is refused? A refusal should always be examined carefully. Family reunification is closely connected to the right to family life, and administrative decisions must therefore take account of the applicable legal requirements and the actual family circumstances. If the Prefecture refuses the nulla osta, or if the consular authority refuses a family reunification visa, judicial protection is available. In particular, disputes concerning family reunification are generally brought before the ordinary court, rather than following the ordinary administrative-court route used for many other types of visa refusals. Before starting litigation, however, it is essential to identify whether the problem concerns income, accommodation, proof of the family relationship, the two-year residence requirement, documentation from the country of origin or the interpretation of an exemption. Each issue requires a different legal response. A practical point before submitting the application The most useful approach is to treat family reunification as a procedure that must be prepared in advance. Before filing, the applicant should verify the exact residence status, calculate the relevant period of lawful stay, check whether an exemption from the two-year rule applies, obtain updated housing documentation, calculate the income threshold for the specific family composition and prepare foreign civil-status documents in the form required by the Italian authorities. A complete application does not guarantee immediate processing, but it greatly reduces the risk of avoidable requests for additional documents and makes it easier to challenge an unjustified delay or refusal if the administration does not correctly apply the law. Avv. Fabio Loscerbo Avvocato Cassazionista Iscritto nel Registro dei rappresentanti di interessi della Camera dei deputati in materia di Immigrazione Lobbista registrato presso il Registro per la Trasparenza dell’Unione europea n. 280782895721-36 in materia di Migrazione e Asilo ORCID: 0009-0004-7030-0428