Family cohesion in Italy: the 90-day rule
Family cohesion in Italy: the 90-day rule
A recent ruling by the Italian Supreme Court has clarified an important deadline for non-EU citizens who enter Italy without a visa and wish to apply for a residence permit for family reasons while already in the country.
Family cohesion under Italian law
Article 30, paragraph 1(c), of Legislative Decree no. 286/1998 allows a foreign family member who is legally staying in Italy and meets the requirements for family reunification to obtain a residence permit for family reasons.
This can be particularly relevant where the family member is already in Italy and would otherwise need to leave the country and start a family reunification procedure from abroad.
The Supreme Court: apply within the period of legal stay
With judgment no. 8306 of 3 April 2026, the First Civil Section of the Italian Supreme Court clarified the position of non-EU nationals who enter Italy under a visa-exemption regime.
According to the Court, a person who enters Italy without a visa is considered legally staying in the country during the permitted short-stay period, normally up to 90 days. During that period, if the other legal requirements are met, the person may apply for a residence permit for family cohesion directly in Italy.
The important point is the deadline: the application must be filed while the stay is still lawful. The Court held that the one-year period mentioned in Article 30 for requesting conversion after the expiry of a previous residence permit does not automatically apply to a person who entered Italy visa-free and never held a residence permit to be converted.
Why the 90-day deadline matters
For visa-exempt nationals, it is therefore risky to wait until the end of the short-stay period before checking whether family cohesion is possible. The date of entry into the Schengen area, the duration of the authorised stay and the family relationship should be examined immediately.
The applicant must also satisfy the substantive requirements for family reunification under Italian immigration law. The possibility of filing the application in Italy does not remove the need to prove the qualifying family relationship and the other conditions required in the individual case.
If the 90-day period has already expired, it should not be assumed that the application can still be filed within one year. The legal position must instead be assessed individually, taking into account the type of family relationship, the status of the family member living in Italy and any other rights to family unity that may be relevant.
The practical lesson from judgment no. 8306/2026 is therefore straightforward: for a visa-exempt non-EU family member who may qualify for family cohesion, timing is essential. The application should be prepared and filed while the person is still legally staying in Italy.
Avv. Fabio Loscerbo
Avvocato Cassazionista
Iscritto nel Registro dei rappresentanti di interessi della Camera dei deputati in materia di Immigrazione
Lobbista registrato presso il Registro per la Trasparenza dell’Unione europea n. 280782895721-36 in materia di Migrazione e Asilo
ORCID: 0009-0004-7030-0428
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