Family reunification as the recognition of the right to family unity for foreign nationals.
Family reunification represents one of the possible ways to legally enter and reside in Italy and is regulated by artt. 28 - 29 - 29bis and 30 of the TUI (Testo Unico sull'Immigrazione), which is the relevant legislation.
This legislation has been adopted as a consequence of the recognition by Italian lawmakers of the right to family unity, which - as set out in art. 28 of the TUI - can be exercised by any foreign national who is legally residing in Italy to request reunification to the following relatives:
The spouse, who is at least 18 and not legally separated; Children under 18 years of age, including those born from another partner upon prior consent of the other parent; Dependent children aged over 18 who - for objective reasons - are not able to address their own basic needs; Dependent parent, provided that: There are no other children in their country of origin or provenance; The children residing in their country of origin are not able to address their needs due to documented health issues; They are aged over 65. Requirements to apply for family reunification
In order to obtain the authorisation for family reunification, it is necessary to meet specific requirements and to follow a particular procedure, as set out by paragraph 3 of art. 29 of the TUI.
In particular, the applicant shall provide evidence of having:
adequate accommodation complying with the hygienic requirements established by Italian law; sufficient resources which are not lower than the annual amount of the social allowance; a health insurance which may cover medical expenses in case healthcare assistance is needed in Italy. As for the sufficient resources required, two aspects are particularly important: the minimum income and its variation depending on the number of relatives reunited.
The benchmark used to establish whether the resources of the foreign national are sufficient is the social allowance.
The social allowance is a welfare provision put in place by the Italian legislator for elderly people with low income. The amount of the social allowance is established yearly and is subject to ISTAT revaluations.
Therefore, foreign nationals will be considered to have 'sufficient resources' available when their annual income is higher than the maximum income required to be entitled to social allowance.
In accordance with the provisions set out...