Who is it for?
If you are a non-EU citizen legally residing in the territory of the State, or you have an EC residence permit or another permit lasting no less than one year, you can request family reunification.
Valid permissions for the purpose of forwarding the application:
- Residence permit for subordinate work or self-employment with a duration of not less than one year;
- Permit for political asylum;
- Permit for subsidiary protection;
- Permission for study or religious reasons;
- Permit for family reasons;
- EC residence permit for long-term residents;
- Permit for waiting for citizenship.
What is it?
Family reunification allows you to find the lost family unit as a result of your move to another country.
Remember: asking for family reunification is your right and, specifically, the Right to Family Unity exists to protect you and allow you to apply for reunification.
Who is the Family?
By family we mean:
- Your husband or wife (not legally separated, aged under 18, and not married to another regularly staying);
- Your partner (if for the State in which you live the civil unions on a legal level are equal to marriage);
- Underage children (if you are dealing with them and if they are not married or economically independent);
- Adult children, if they cannot stay alone or have a 100% disability;
- Parents over sixty-five if the other children for serious and documented reasons cannot keep them;
- Your father, your mother, your guardian or the direct ascendants of first degree, if you are an unaccompanied minor.
It is necessary to certify the relationship of kinship.
If the family with whom one wants to re-join has presented the certification at homeland, it must be translated, legalized and validated by the Italian consular authority of the country of origin or belonging of the foreigner.
NB: If there are any doubts about the authenticity of the family relationship, investigations may be required (DNA test to be performed by the interested party unless it is a holder of subsidiary protection status).
- Family status certificate: in case of reunification with the spouse in order to prove that there is no other spouse;
- Marriage certificate of the parent: in case of reunification with the latter to verify its existence in the national territory and the fact that it does not have another spouse.
How to do it?
To get family reunification you must contact:
Single Desk for Immigration (of the Prefecture of the place where you reside) verify that you have the requirements for the permit (income, accommodation, residence permit);
Consular representation verifies that you are eligible for entry visa (kinship and other requirements).
To request security clearance, you must forward the application electronically on the Ministry of the Interior website.
It is essential that you have the security clearance, without which you cannot get a visa for family reunification (http://www.interno.gov.it/it/news/stranieri-totalmente-digitale-procedur...).
If you need help to fill out the application you can contact the INAC, National Institute for Citizens Assistance (http://www.inac-cia.it), which also provides assistance for the compilation of renewal, issue, update and conversion of the residence permit. The Cagliari office is in Via Libeccio 31, 09126 and it is possible to contact via e-mail "inacsardegna@cia.it" and numbers 070 373733- 070 372628.
You need the following documents:
- Copy of the residence permit (you can apply even if you have only the receipt for renewal of your permit);
- Revenue stamp of € 16.00, whose number must be entered in the information form when filling out the application. The original copy of the stamp must be brought to the office (Sportello Unico);
- Passport of the applicant;
- Copy of the passport of the relatives to be reunited.
What you need to know:
From 17 August 2017 the documentation relating to income and accommodation must be sent electronically (http://www.meltingpot.org/IMG/pdf/manuale_utente_ver10-2.pdf).
The documentation certifying the requirements must be presented at the Immigration Desk.
On the link belowyou can find some useful info:
Income must derive from licit sources, must not be less than the annual amount of the social allowance increased by half for each family member to be reunited. In the calculation of income, also cohabiting family members are included, if they can adequately document it.
If you reunite two or more children, under 14, the minimum income required for 2016 was € 11,650, for each other reunited (children, spouses or parents) to the amount € 11,650 you must add € 2,912.50 for each person more.
- : holders of refugee status and subsidiary protection do not have to prove that this requirement exists.
Applicant → € 5.825 per year;
No. 1 family member to be reunited → € 8.737.50;
No. 2 family member to be reunited → € 11.650;
N ° 3 family to be reunited → € 14.562,50;
No. 4 family member to be reunited → € 17,475;
No. 5 family member to be reunited → € 20,387.50;
No. 6 family member to be reunited → € 23,300.
For further information, you can look at the ruling of the European Court of Justice on March 4, 2010.
If the family member to be rejoined is over sixty-five, it is necessary to take out a health insurance that does not expire and covers the risks of accident, maternity and illness. Given that the legislation in question is being defined, it is sufficient to submit a declaration of commitment to sign a policy, which will then be signed within 8 days of entry and before submission to the Immigration Desk.
- : insurers are very reticent to enter into such policies.
The accommodation must comply with the requirements of housing suitability and sanitary criteria. The offices of the municipality where you live are responsible for issuing these certifications.
Useful documents:
- Copy of the lease contract, the loan contract or the deed of ownership of the accommodation;
- Housing suitability and hygienic-sanitary certification issued by the Municipality;
- Authenticated declaration of the accommodation holder confirming the consent to reunification (if the applicant is hosted);
- Consent of the owner of the accommodation in which the reunited family member will live (in the case of reunification with a minor under 14).
Timing
Clearance security:
Once the request has been sent electronically, the system sends an acknowledgment of receipt with date and time. The system then calls the applicant, by written notice, for the double-copy delivery of the documentation certifying the requirements. If everything is in order, the applicant will receive a marked copy of the application, from that day, the deadline for issuing the permit will run.
The one-stop shop issues the authorization within 180 days (6 months) from sending your application.
In case of denial of the authorization, the Ordinary Court of the place of residence can be appealed.
Visa
The issuing of the visa instead takes place within 30 days following the presentation of the documents that prove the relationship of kinship at the Italian Consulate in the country of residence, provided that the authenticity of the declarations is ascertained.
Arrival in Italy:
Within 48 hours from the entry in Italy of the authorized family member, the host family must present the declaration of manufactured sale and keep a copy.
Within 8 days it is necessary to notify the arrival of the family member at the one-stop shop. Then you will receive a call to collect the necessary documentation to request a residence permit for family reasons (http: //www.meltingpot.org/Il-Permesso-di-soggiorno-per-motivi-familiari ....) or a long-term EU residence permit.
Which is the rule?
Articles 28 and 29 Legislative Decree n. 286/98 and article 6 of the President of the Republic decree n. 394/99.
Useful links:
- Ministry of the Interior:
Model S1: http://www.interno.gov.it/sites/default/files/allegati/mods1.pdf
Model S2: http://www.interno.gov.it/sites/default/files/allegati/mods2.pdf
Model S3: http://www.interno.gov.it/sites/default/files/allegati/mods3.pdf
Model S4: http://www.interno.gov.it/sites/default/files/allegati/mods4.pdf
Manual-User Telematic submission of the application:
http://www.meltingpot.org/IMG/pdf/manuale_utente_ver10-2.pdf
Prefecture:
http://www.prefettura.it/CAGLIARI/multidip/index.htm
http://www.prefettura.it/portale/multidip/index.htm
Police Headquarters:
http://questure.poliziadistato.it
http://questure.poliziadistato.it/cagliari
Immigration Desk:
http://www.interno.gov.it/it/temi/immigrazione-e-asilo/modalita-dingress...
Legal requirements
If you are a non-EU citizen and you intend to contract marriage in Italy you must know that you can only get married if you are legally staying in Italy. The document attesting the regularity of your stay is the residence permit.
You must be 18 years old or 16 years old and in that case you must have a special authorization by a derogation from Article 84 of the Civil Code (following a check on the physical maturity of minors, the justification of the reasons or the seriousness of the reasons).
To obtain authorization, it is necessary to go with the parents to the social services of the territory of residence and to undergo a psychological and social investigation and fill out an application to be sent to the Juvenile Court.
Necessary documentation:
- Birth certificate;
- Free status certificate;
- Application for authorization to the marriage;
- Possible pregnancy certificate;
- Receipt of payments for judicial documents.
- For the application to the Court the payment for the unified contribution is required for court documents (as provided for by Presidential Decree 126/2001). The forms and the bulletins, for the payments for the unified contribution for court documents, can be found at the Social Services.
Pregnancy
The recognition of natural filiation (which includes a series of rights and duties) can take place even at the age of 16, even if the minor does not contract marriage, the art. 250 of the Civil Code in fact protects natural children in the event that parents, minors, cannot marry.
What is the rule?
- Article 116 of the Civil Code, which has however undergone a restrictive amendment (so-called Security Package 15 July 2009 n.94);
- Article 84 of the Civil Code;
- Article 250 of the Civil Code;
- Presidential Decree 126/2001;
- Also important are articles 20,27,28 of the law of May 31, 1995 n.218;
- Article 66 of Presidential Decree of 3 November 2000 n.396.
Where is it?
The wedding must be celebrated in the Municipality upon reservation.
To get information:
Civil Status Office - Wedding Office - Cagliari - Piazza Alcide De Gasperi 2, floor 2,
Civil Status Office Municipality of Pirri - Via Riva Villasanta 35.
How to do it?
Useful information on the Municipality of Cagliari can be found at this link:
- Request the publications of the Civil Status Officer of your town of residence;
- http://www.comune.cagliari.it/portale/demografici/at13_matrimoni_dettaglio?contentId=SCH100600)
The publications attest that the marriage can be carried out without problems and are posted on the Praetorian register of the municipality, where they remain exposed for 8 days. The marriage can be celebrated after 3 days from the expiry of the publications and within 180 days.
For foreign and EU citizens who are not domiciled or resident, no publications are made; therefore the marriage can be immediately celebrated.
- Request a security clearance from your country (issued by the competent authority);
The security clearance is a document that you must obtain and that attests that the marriage can take place without any problem.
The security clearance must indicate: the generality of the future spouse, the free status, the citizenship and the residence. If the authorization does not contain data relating to birth, paternity and maternity, the birth certificate must also be translated and legalized with the indication of the parents' personal details.
Following the Geneva Convention (July 28, 1951) political refugees and stateless persons must not present a permit but a certificate attesting to their condition.
- Translate and legalize the security clearance