What is this new law?
Since December 2024, following the amendments to Article 28 of the TUI (Testo Unico sull’Immigrazione), the Italian government introduced a new requirement: Foreigners must legally reside in Italy for two years before they can apply for family reunification.
What is this the two years requirement?
Under this rule, you must have legally resided in Italy with a valid residence permit for at least two years before you are allowed to start the Nulla Osta application for family reunification.
What About Family Cohesion?
The same requirement applies to Family Cohesion (Coesione Familiare). Before you can submit the residence permit application (the postal kit), you must have legally resided in Italy for two years.
If I come in Italy as a student, can I bring my wife after my arrival?
No. Under this law, if you are subject to the new requirement, you must first complete the two-year period of legal residence before you can apply for family reunification or family cohesion.
Are there any exemptions?
Yes. Some categories are exempt from the two-year requirement.
- Minor children: A minor child may apply for Family Cohesion if at least one parent is already legally residing in Italy. Italian law provides special protection for minors in these situations.
- EU Blue Card holders: They can apply for Family Reunification or Family Cohesion without waiting two years, as they are exempt under Articolo 17 comma 2 Direttiva 2021/1883/UE
- ICT (Intra-Corporate Transfer) permit holders: They can also apply for Family Reunification or Family Cohesion without waiting two years, pursuant to Articolo 19 Comma 2 Direttiva 2014/66/EU.
Are There Any Other Exemptions?
No. The only other situation concerns applications that were already submitted before the new law entered into force. Since the law cannot be applied retroactively, applications for family reunification or family cohesion filed before December 2024 are not affected by the new two-year requirement.
