Criteria and conditions

Italy

Country Report: Criteria and conditions Last updated: 03/06/21

Author

Since the entry into force of LD 18/2014, the family reunification procedure governed by Article 29bis TUI, previously issued only for refugees, is applied to both refugees and beneficiaries of subsidiary protection.

Beneficiaries can apply at Prefecture as soon as they obtain the electronic Residence Permit – that means several months in some regions – and there is no maximum time limit for applying for family reunification.

Contrary to what is provided for other third-country nationals,[1] beneficiaries of international protection do not need to demonstrate the availability of adequate accommodation and a minimum income. They are also exempted from subscribing a health insurance for parents aged 65 and over.

Beneficiaries may apply for reunification with:[2]

  • Spouses aged 18 or over, that are not legally separated;
  • Minor children, including unmarried children of the spouse or born out of wedlock, provided that the other parent has given his or her consent;
  • Adult dependent children, if on the basis of objective reasons, they are not able to provide for their health or essential needs due to health condition or complete disability;
  • Dependent parents, if they have no other children in the country of origin, or parents over the age of 60 if other children are unable to support them for serious health reasons.

Where a beneficiary cannot provide official documentary evidence of the family relationship, the necessary documents are issued by the Italian diplomatic or consular representations in his or her country of origin, which makes the necessary checks at the expense of the person concerned. The family relationship can also be proved by other means, including the DNA test, and through UNHCR involvement. The application cannot be rejected solely for lack of documentation.

In 2020, because of the health emergency, the validity of the authorizations for family reunification issued by the prefectures (nulla osta) normally issued for six months, has been extended until 30 April 2021.[3]

 

[1] Article 29-bis TUI, citing Article 29(3) TUI.

[2] Article 29(1) TUI.

[3] Article 103 (2 quarter, e) DL 18/2020 converted by L. 27/2020, extended the validity up to 30 August 2020; later, L 159/2020, converting the Decree Law 125/2020, extended it up to 30 December 2021, and the Decree Law 2/2021, converted by L 29/2021 extended it up to 30 April 2021.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation