For a non-EU national joining an Italian or another EU citizen in Italy, the most important question is not simply whether there is a marriage or family relationship. In 2026, the correct visa and residence document depend on the legal position of the EU or Italian family member, on whether EU free-movement rights have been exercised and on the exact family relationship involved.
This distinction is particularly important because two apparently similar cases may lead to different residence documents: the five-year family permit often referred to as FAMIT, or the residence card for a non-EU family member of an EU citizen.
Family reunification with an Italian or EU citizen: the entry visa
Since 1 June 2024, non-EU family members who intend to move to Italy on a stable basis in order to join an Italian or EU citizen residing in Italy normally apply for a national type D visa for family reasons. This replaced the previous practice of using a short-stay visa for cases in which the real purpose of the journey was permanent family reunification.
One practical advantage is that this procedure does not require the nulla osta from the Sportello Unico per l’Immigrazione that is generally required when a non-EU resident in Italy applies for ordinary family reunification under the Immigration Act. The application is made directly through the competent Italian embassy or consulate, with evidence of the family relationship and documentation relating to the Italian or EU family member.
For short visits of less than three months, however, the rules remain different. Depending on nationality and circumstances, a Schengen visa for a family visit or visa-free entry may still be the appropriate route. It is therefore essential to distinguish a genuine temporary visit from an intention to establish family life in Italy.
Who is considered a family member?
Under the rules deriving from Directive 2004/38/EC and Legislative Decree no. 30/2007, the core categories include the spouse, a registered partner where the partnership is recognised under the applicable legal framework, direct descendants under the age of 21 or who are dependent, and dependent direct ascendants. The corresponding relatives of the spouse or registered partner may also fall within the protected categories.
Other relatives and a partner in a durable relationship may benefit from facilitated entry and residence, but their position is not identical to that of the family members expressly listed by law. In these cases, proof of dependency, previous cohabitation, serious health reasons or the existence of a stable relationship can become decisive. A refusal cannot be based on a purely formal assessment: the individual circumstances must be examined.
The key distinction in 2026: “static” and “mobile” Italian citizens
For immigration purposes, an Italian citizen who has always lived in Italy without exercising EU free-movement rights is commonly described as a “static” Italian citizen. By contrast, an Italian citizen who has genuinely exercised free movement in another EU Member State and later relies on those rights may fall within the EU free-movement framework as a “mobile” citizen.
This distinction affects the residence document issued to the non-EU family member.
A family member of a so-called static Italian citizen may obtain the five-year electronic residence permit for family reasons commonly identified in administrative practice as FAMIT. Police authorities describe this as a renewable five-year family residence permit for relatives of Italian citizens who have not exercised EU free-movement rights.
Where the sponsor is an EU citizen residing in Italy, or an Italian citizen whose situation falls within the EU free-movement rules, the non-EU family member may instead be entitled to the electronic residence card provided by Legislative Decree no. 30/2007. The first card is generally valid for five years. Once the conditions for permanent residence have been acquired after the required period of lawful and continuous residence, a permanent residence card may be issued.
Do not confuse the residence card with an ordinary family permit
The difference is not merely terminological. The legal basis determines the conditions for issue, the protection against removal, the effect of absences from Italy, the rules applicable after divorce or the death of the EU citizen, and the conditions for acquiring a permanent right of residence.
For this reason, accepting the wrong type of application or using a generic “family reunification” form without first identifying the correct legal route can create avoidable delays. Before applying, the applicant should establish precisely whether the case concerns a static Italian citizen, a mobile Italian citizen or another EU citizen exercising free-movement rights in Italy.
Where should the application be filed?
This is one of the areas in which administrative practice requires particular attention in 2026. National information made available by Poste Italiane indicates that a non-EU family member of an Italian or EU citizen may, depending on the type of application, use the postal kit through a Sportello Amico or apply directly through the competent Questura.
However, local police headquarters may organise appointments differently. For example, the Questura of Monza and Brianza announced that from 1 May 2026 applications and renewals concerning family members of static Italian citizens, as well as residence cards for family members of EU citizens or mobile Italian citizens, must be submitted through the postal kit rather than through the PrenotaFacile portal.
The practical rule is therefore simple: before sending an application, check the current instructions of the territorially competent Questura. A procedure that was correct the previous year, or in another province, may no longer be the correct filing channel.
Documents that usually require particular attention
The passport and proof of the family relationship are fundamental. Foreign civil-status documents may require legalisation or an Apostille, depending on the country of issue, together with an Italian translation where necessary. The identity document of the Italian or EU citizen, evidence of residence or cohabitation in Italy and documentation concerning the accommodation may also be requested.
Where dependency is legally relevant, it should be proved with concrete and coherent documentation rather than a simple declaration. The same applies to durable partners and other family members outside the automatic categories. Bank transfers, evidence of previous cohabitation, medical records or official civil-status documentation may become important depending on the legal basis of the application.
Can the family member work in Italy?
A residence permit for family reasons allows access to employment and self-employment under Italian immigration law. The EU family residence framework also protects access to employment in accordance with the principle of equal treatment. A person who already has a valid family residence status therefore does not normally need a separate work permit in order to take up employment in Italy.
Where the residence document is still being issued, however, the applicant should keep the filing receipt and all evidence showing the legal basis of the residence application. These documents may be necessary in dealings with employers, public authorities, health services and other institutions while the electronic card is pending.
Marriage alone does not resolve every immigration issue
Marriage to an Italian citizen does not automatically produce an Italian residence card without an application, and it does not make procedural requirements irrelevant. The authorities may verify the authenticity of the relationship and the existence of the legal conditions for residence. At the same time, administrative practice cannot disregard the fundamental right to family life or the specific protections granted to family members of Italian and EU citizens.
Particular care is necessary if the couple separates, the marriage is dissolved, the EU citizen leaves Italy, or the family member has not yet acquired a permanent right of residence. In such situations, the right to remain in Italy must be assessed before the existing document expires or before any change of status is requested.
Practical conclusion
In 2026, the safest approach is to identify the legal route before choosing the form or booking an appointment. The sequence should be clear: determine the family category, establish whether the Italian citizen is static or has exercised EU free movement, choose the correct visa where entry from abroad is required, identify the correct residence document and finally verify the current filing procedure of the competent Questura.
In family immigration cases, a procedural mistake may delay a right that already exists under the law. Correct legal classification at the beginning of the process is therefore often more important than the quantity of documents produced.
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
Articolo redatto con l’ausilio di strumenti di AI, sotto la direzione, revisione e responsabilità editoriale dell’autore.
