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  • 📜 Married to an Italian? Here Is How You Can Live in Italy

📜 Married to an Italian? Here Is How You Can Live in Italy

Citizenship and Residence Permits. Find Out Which One Applies to You

February 07, 2025

You are married to an Italian citizen and dreaming of life in Italy. But can you, as a non-Italian citizen with no Italian ancestry and residing outside the EU, live there legally? The answer is yes, either through Italian citizenship by marriage or by obtaining a residence permit.

Table of Contents

Italian Citizenship by Marriage

Italian citizenship allows you to live in Italy without the need for a residence permit. However, the process can be lengthy, and eligibility, along with other requirements, depends on your spouse’s citizenship status and how long you have been married.

If you are not living in Italy, the waiting period to apply is as follows:

  • If your spouse has been an Italian citizen since birth (iure sanguinis), you can apply three years after your marriage or civil union;

  • If your spouse acquired Italian citizenship after your marriage (for example, through residency in Italy), the three-year period starts from the date of their naturalisation;

  • If you and your Italian spouse have minor children (born or adopted), the waiting period is reduced to one and a half years.

But what if you have not been married for that long? Also, applying for citizenship and actually obtaining it are two different things. The process can take months or even years before you receive an Italian passport.

So, what can you do in the meantime? That is where residence permits come in.

Residence Permits

The good news is that you can still live in Italy with your Italian spouse even if you do not have Italian citizenship. Your legal stay in Italy is granted by virtue of your marriage to an Italian citizen. Provided you meet the requirements, there are three different types of residence permits, each designed for specific circumstances.

All the residence permits below can be renewed and allow you to access the Italian healthcare system, work, and study in Italy.

Residence Card for Family Members of an EU Citizen (5 Years)

Italian name: “Carta di soggiorno per familiari di cittadino UE”.

This applies if your Italian spouse has exercised the right to free movement within the EU (a so-called “mobile citizen”). It is valid for 5 years.

After continuously residing in Italy for 5 years, if you are still not an Italian citizen, you can apply for the ”Carta di soggiorno permanente per familiare di cittadino comunitario” ("Permanent Residence Card for family members of an EU citizen”).

This residence permit is regulated by D.Lgs. 30/2007.

Residence Permit for Family Reasons (5 Years)

Italian name: “Permesso di soggiorno per motivi familiari” (5 years).

This applies if your Italian spouse has never exercised the right to free movement in the EU (a so-called “static citizen”). It is valid for 5 years.

This is a relatively new residence permit, introduced with D.L. 69/2003, converted into L. 103/2023.

The new introduction modifies article 23 of D.Lgs. 30/2007:

- In the first paragraph, it adds the words “che hanno esercitato il diritto di libera circolazione in ambito europeo” (“who have exercised the right of free movement within Europe”), which refers to the Carta di soggiorno above mentioned.

- In the second paragraph (1-bis), the new text introduces this new type of residence permit for family member of a “static citizen”. The Ministry of Interior has issued a circular explaining these new rules.

Residence Permit for Family Reasons (1 or 2 Years)

Italian name: “Permesso di soggiorno per motivi familiari (1 or 2 years)”.

This applies if neither of the above residence permits’ requirements are met, for example, due to insufficient economic resources, and you live with your Italian spouse.

This residence permit is regulated by the Legislative Decree 25.7.1998, No. 286 on “Consolidated Act of Provisions concerning immigration and the condition of third country nationals”.

In Conclusion

If you are married to an Italian citizen but have not yet obtained Italian citizenship by marriage, you still have legal pathways to live in Italy. The available residence permits allow you to reside, work, study and access healthcare. The right permit for you depends on your and your spouse’s specific circumstances.

Consulting with a legal professional is always recommended to ensure you choose the correct process.

✨ If you have Italian ancestors whose stories deserve to be shared, preserved, and celebrated, reach out to me directly at [email protected] and I will write an article about them. I look forward to hearing from you.

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