Q: I am the spouse of a European citizen registered as a resident with an Italian Municipality and I want to remain in Italy for more than 90 days with my spouse. Do I need to apply for a Family Visa (e.g., for family reasons)? 

A: Up to the end of 2024, a non-EU citizen and their EU citizen spouse could move to Italy together without the need of a visa for the non-EU spouse. However, due to a relatively new change in the law, now spouses of EU citizens also need a visa to move to Italy. They must apply for the visa in their own country of residency, through the Italian consulate.  

Italian immigration offices have adopted different approaches and timing for implementing this immigration requirement change. This has led to a situation where, in some offices, they have continued for months to process non-EU spouses under the previous policy, without a visa. 

However, in the past months we have seen a stricter and more consistent application of the new policy across most Italian immigration offices. 

We recommend complying with the visa and other new requirements to make the process easier but also because they offer some advantages.  

Advantages of applying for the visa before going to Italy. 

If you live with your EU spouse outside of Italy, you can apply for the visa even if your spouse is not an Italian registered resident yet.  

Additionally, applying for the visa before going to Italy provides more chances for a smooth immigration process in general.  

After you get the visa and go to Italy, you will need to apply for a Permesso di Soggiorno(PdS) within 8 days. Since you are the spouse of an EU citizen, you may be eligible for a Permesso di Soggiorno per Familiare di Cittadino dell’Unione (called “Carta di Soggiorno”), which is typically valid for longer stays compared to a standard Permesso di Soggiorno. However, the Carta di Soggiorno might take 5-8 months to be processed. 

Another advantage of having a 365-day visa is that, even if you will not have a Permesso di Soggiorno or Carta di Soggiorno, while they work on your immigration paperwork, you will still be entitled to travel to other EU countries, which is something that might otherwise cause issues if you tried to cross the border after 90 days of being within Schengen. 

Requirements of the Carta di Soggiorno 

Here are some of the main requirements: 

1. Proof of marriage to an EU citizen issued by the appropriate national authority (with Apostille/Legalization and Italian sworn translation). If you are an AIRE resident, the Italian Consulate will require the marriage certificate to be registered with them first. 

2. An invitation letter (also called “Invite declaration”, in Italian “Dichiarazione di Invito per Ricongiungimento Familiare”). 

3. Proof of Italian accommodation: applicants should have accommodations in place that meet the applicable requirements (e.g. lease agreement of at least 1 year, property title, letter of hospitality, etc.). 

Advantages of obtaining a Carta di Soggiorno (CdS): 

1. Extended Validity: it offers a longer validity period. The duration of the CdS depends on the non-EU citizen’s prior address of residency: 2 years if the applicant comes from outside the EU, 5 years if the applicant has a previous EU address. 

2. Work Authorization: holders of the CdS can engage in work activities in Italy without restrictions. 

3. Cost Efficiency: it is a more economical option compared to other types of residency permits. 

4. Flexibility: the CdS allows the holder to travel without limitations. 

5. Conversion to Permanent Residency: upon meeting some requirements, after 5 years, it can be converted into a “Permanent Permit of Stay”. 

The Carta di Soggiorno differs from the Permesso di Soggiorno in that the CdS offers longer- stability; the PdS has a shorter validity period and is for temporary stays (typically up to a year). 

Contact us to discuss your specific case circumstances and we will be happy to advise you taking into consideration the policies adopted by the consulate and Italian local immigration offices applicable to your scenario and strategies to increase the chances of a smoother experience with the Italian bureaucracy. 

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