Security Package: How it affects family reunification and cohesion

Law Number 94 of 2009, the so-called Security Package introduced several changes to immigration rules. Some of them  affect the  requirements and family members one can apply for family reunification and family cohesion with. Here are some of the changes. 

·        Amendment to Article 116 of the Civil Code,

In order to discourage marriages of convenience between foreigners and Italians, the new law has banned irregular immigrants from marrying in Italy.In the past, some foreigners in the country illegally used to pay money to Italian citizens in order to marry so as to regularize their status in the country.

Following the amendment to the Article 116, in order to contract a recognised civil marriage in Italy, a foreigner must be in the country legally. This doesn’t necessarily mean that the foreigner must have the Permit of Stay. What matters is that the foreigner must have entered the country legally and still be present in the country legally.

The following are considered to be in the country legally and can therefore marry: foreigners who are in Italy for tourism reasons or for any other short visit which doesn’t require them to be issued the Permit of Stay (with entry visa); those who entered Italy from other Schengen States and made a declaration of presence; those whose Permits of Stay have expired and have applied for renewal; and holders of residence permits issued by other EU States).

·        Changes to family cohesion rules,

The only difference between family reunification and family cohesion is that family reunification is meant for family members living abroad while family cohesion is meant for family members already living in Italy.

The Security Package also changed the rules governing applications for family cohesion.Previously, an irregular non-EU immigrant who was a family member of and was living with an Italian citizen could not be expelled from Italy. This was applicable to up to fourth grade non-EU foreigners who were family members of Italian citizens (it included distant cousins).

This rule has been changed and it is only applicable to up to second grade non-EU foreigners who are family members of Italian citizens. This means that only these people can now apply for family cohesion with their Italian family members.

Changes to family reunification rules

The law governing family reunification has been amended so many times in the past years (Legislative Decree. Number 5 of 2007, Legislative Decree Number 160, 2008, and finally the Law Number 94 of 2009). The changes affect relatives with whom one can apply for family reunification and the procedures.
Currently, one can apply for family reunification with: 

·        Spouse if not legally separated and aged not less than 18 years

·        Minor children, even those of the spouse or born out of marriage, 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 if they don't have other children in the country of origin, or parents aged over 65 years if their other children in the country of origin cannot take care of them due to documented health reasons.Apart from the spouse, in all other cases, family relationship can also be proved through a DNA test.

As a way of discouraging cases of polygamy and bigamy, the Security Package expressly prohibits application for family reunification with a dependent spouse if the applicant is already married to someone else in Italy.Polygamy and bigamy are criminal offences in Italy punishable with up to five years in    prison.

Anyone applying for family reunification must prove to have suitable accommodation that meets hygienic standards. This can be done by presenting the certificate of suitable accommodation issued by the City Council.In case of application for family reunification with a minor child under the age of 14, it is sufficient to present a letter of hospitality from the owner of the apartment where the child will stay.Previously the nulla osta (authorization) for family reunification was issued within 90 days but now that has been doubled to 180 days.