Question: I came on a tourist visa to visit my husband who lives and works in Italy. My husband has a Permit of Stay for work. I’ve been here for two months and should leave within a month’s time. But I’ve just discovered that we are expecting a baby. Can I remain in Italy with my husband?
Answer: Non-EU citizens can apply for family cohesion with their families in Italy if they meet certain conditions established by the law.
Family cohesion allows a non-EU foreign citizen who is living legally in Italy to be joined by his/her family members already in the country. Such family members are entitled to the Permit of Stay for family reasons.
The requirements for family cohesion are the same as those for family reunification. The only difference is that while family reunification is meant for family members still living abroad, family cohesion is for those already living in the country.
Family cohesion allows a family member who previously held any other type of permit to convert it into the Permit of Stay for family reasons within a year of the permit’s expiry. This means that whoever came to Italy for instance, with a student visa, can convert his/her permit from a student’s permit into one for family reasons if the conditions for family reunification are met, and above all, if the permit has expired for a period not exceeding one year.
In this case there are two options
1) The lady who entered Italy on a tourist visa and is now expecting a baby can apply for the Permit of Stay for medical reasons (permesso di soggiorno per cure mediche). She can apply for this permit directly at the immigrations office at the police station (Questura) by attaching a medical certificate issued by a public health institute certifying her pregnancy. Police stations normally issue to pregnant women permits valid until the baby turns six months old. After obtaining this permit, the holder can apply for its conversion into the Permit of Stay for family reasons.
2) Without applying for the Permit of Stay for family reasons, the expectant lady can apply for family cohesion within a year of the expiry of her Permit of Stay for tourism.
In reality, according to the law in force, it is not necessary for those coming to Italy for a short period (up to three months) to apply for permits (for instance, those coming for tourism, business visits, etc).
However, they must declare their presence in the national territory to the authorities.
In such cases, in order to convert their short term visas into family permits, the authorities take into consideration the date they declared their presence in the national territory.
This is determined by checking the date of the immigration control rubberstamp on the passport (in case of arrival from a non-EU country); or from the declaration of presence made at the police station within eight days of arrival in Italy (in case of arrival from a Schengen country).
Which family members can you apply for family cohesion with?
A foreigner who holds the EC long term residence permit or any other Permit of Stay (for subordinate work, self-employed work, religious reasons, family reasons) valid for a period not less than one year can apply for family cohesion with the following family members
- adult spouse
- minor children, on condition that the other parent (if alive) gives his/her consent
- adult dependent children who cannot take care of themselves due to health problems which lead to total invalidity
- dependent parents aged over 65, if they don’t have other children in the home country, or if the other children can’t take care of them due to documented health reasons
Requirements for family cohesion
- suitable accommodation meeting basic health standards established by Regional laws. This can be proved by showing certificate of suitable accommodation issued by the competent offices from the City Council of residence or local health offices (ASL).
- sufficient annual income which must be either equivalent to or higher than the social allowance. The minimum income required must be multiplied by a half for each family member to join the applicant. In case of family reunification with two or three minor children under the age of 14, the income required must not be lower than double the amount of social allowance. The general income of all family members living with the applicant can be taken into consideration.
How to apply
The application for conversion of other permits into the Permit of Stay for family reasons is submitted at the competent police station using application kits available at the post office. The applicant must only fill in the form called “Modulo 1 del modello 209”.
The applicant must attach to the application a copy of all documents proving that he/she meets the conditions established by the law. These include certificate showing family relationship (translated into Italian and legalized, if they were issued by foreign authorities); income tax returns, the Permit of Stay previously held by the applicant; the valid Permit of Stay of the family member being joined, and certificate of suitable accommodation.
By Mascia Salvatore
