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Family reunification - ricongiungimento familiare

Contenuto a cura
dell'Avv. Marco Conti
Data creazione: 31 Jul 2020
Data ultima modifica: 31 Jul 2020

Many people, emigrating from their origin countries, settle in Italy searching for better luck but leave their next of kin at their native country.
With hope, one day, to rejoin again their family.
Sometimes in Italy foreign people have this possibility of the “family reunification” (ricongiungimento familiare)
The “family reunification” regulated by the law n. 46/2017, allow to the regular foreign citizen who live in Italy to obtain the pass to enter and the authorization to reside for one or more members of their family who still live in their country of origin.
Obviously, this request cannot be made by all foreigners because the applicant must be “regular” (richiedente regolare), which means to possess a “residence permit” (permesso di soggiorno).
The applicant can ask for the residence permit for the following family members:
⁃ Spouse (or civil union), reached 18 years old
⁃ Child; (a minor child)
⁃ Children over 18 years old with disabilities;
⁃ Parents without children in the country of origin, or parents over 65 year if other children can't take care of them for the health or other serious reasons documented ;
⁃ Natural parent if the applicant is a minor with regular positions in Italy and he/she lives here with another parent.
Many years ago to ask for “family reunification” people needed to go, with all necessary documents, to immigration desk at Prefecture office but nowadays, since August 17, 2018, the request can be send by the web.
Foreigners must also have to attach at their request all documents about the income and accomodation details, as regulated by art 29 comma 3 of the immigration law.
In order to check if the applicant who ask for the family reunification has an income which enables him to live and to maintain his family members who will come to Italy, and he/she has an accomodation to share with them.
In fact, to obtain the family reunification, besides the residence permit, the applican needs to posses an accomodation in compliance with the sanitary and housing suitability requirements as well as a minimum salary from legal work and its amount should not be less then “social allowance” (assegno sociale), increased by half of the amount for every person to reunite.
When all documents are ready, the question can be send by the web.
Immigration desk will check all documents and will give his answer within 90 days from request.
If immigration desk answers with “No”, the applicant can appeal this decision in front to the local Court in compliance with art. 30 of the Immigration law.

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