Governed by Legislative Decree 30/2007 art. 6. 9, 10,11,12 and 13, Circular 39/2007 of the Ministry of the Interior, Law 129/2011 and Legislative Decree 286/98 art. 29.
The right of residence in Italy for family reunification with a communitarian citizen shall be granted to a spouse, a partner who has contracted a registered partnership under the legislation of a Member State, direct descendants under 21 years of age or dependent and those of their spouse or partner, dependent direct relatives in the ascending line or those of their spouse or partner and any other family members if they are dependent or living together in the country of origin and for health reasons require the Community citizen to assist them. However, the Community citizen who has the right of residence must demonstrate that he or she has an adequate income equal to the annual amount of the social allowance plus half for each member of his or her family with whom he or she wishes to be reunited.
If the family member is a Community citizen can enter Italy without fulfilling any formalities and then go to the municipality for the certificate of registration with a certified identity document that attests the relationship, the personal certificate of the relative of the Community and the proof of the availability by the latter of sufficient economic resources for himself and for his family members.
If the family member is a non-EU citizen as a result of the entry into force of Law 129/2011 can enter Italy with exemption of entry visa. Once you have entered Italy you must go to the counters of the competent police station depending on the place of residence to apply for the residence card for relative of EU citizen who is valid for 5 years demonstrating the relationship. After the age of 5, you are entitled to a permanent residence card for family members of European citizens. The application must be submitted directly to the Questura before the expiry of the period of validity of the residence card and is issued within 90 days free of charge unless the cost of the printed matter is refunded. In the case of a member of the family – not included among those previously mentioned – dependent on or living with the Community citizen in the country of residence, a self-declaration of the citizen of the Union certifying the status of dependent or cohabiting family member or the existence of serious health reasons which require personal assistance from the Community citizen must be attached. In this case a visa will be issued for elective residence and you can ask for the issue of a residence permit for elective residence.
The relative of a Community citizen shall retain the right of residence even in the event of the death or departure of the family member who is entitled to stay.
If relatives are EU citizens, they retain their right of residence provided that they have completed the requirements for the right to permanent residence or can personally satisfy the requirements for staying in Italy.
If the member of the family is a non-Community national, he or she is entitled to remain if he or she has fulfilled the conditions for permanent residence and has stayed before the death of the member of the family for at least one year in Italy or proves that he or she is in employment and has sufficient resources for himself and his family. If there is no requirement to stay in Italy for at least one year before death, they can convert their residence card into a residence permit for work or study.
The relative of a Community citizen re
