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ITALY – Family Reunion Extended to Same-Sex Spouses

The Ministry of Internal Affairs has finally provided clarity on the impact of the recent law recognising same-sex unions on immigration provisions.

On 5 August 2016 the Ministry issued a circular confirming that, under Law no. 76/2016, which took effect on 5 June 2016, the foreign national same-sex spouse (legally registered as such) of a foreign national living in Italy is now eligible to obtain a work permit for family reasons under the same conditions as different-sex spouses.

Documentary evidence of the civil union - in Italy or abroad - will be required to ascertain that the civil union is effectively and legally registered.

Background

Clause 20 of the new law establishes that - whenever in legislation, administrative acts and collective agreements there is any reference to marriage, or the words “coinage” (spouse) “coniugi” (spouses), or equivalent terms - the provisions are to be applied to same-sex civil unions as well.

As a consequence, whenever there is reference to “coinage” (spouse), “moglie” (wife), “marito” (husband), and “sposo” (husband) in immigration law, the provisions are extended to same-sex couples who have entered into a legally registered civil union.

Action Items

  • Foreign nationals intending to live in Italy with their same-sex spouse should be prepared to submit documentary evidence of their legally registered civil union.

This news alert was prepared using information provided by Mazzeschi.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.