Status and rights of family members

Author

ASGI Visit Website

According to the law,[1] family members who do not have an individual right to international protection, have the same rights recognised to the sponsor. Once in Italy, they get a residence permit for family reasons,[2] notwithstanding whether they were previously irregularly present.[3] These provisions do not apply to family members who should be excluded from the international protection.[4]

Minor children, present with the parent at the moment of the asylum application, also obtain the same status recognised to the parent.[5]

[1]           Article 22 Qualification Decree.

[2]           Article 30 TUI.

[3]           Article 30 TUI.

[4]           Occurring cases governed by Articles 10 and 16 Qualification Decree.

[5]           Article 6(2) Procedure Decree; Article 31 TUI.