The differences between civil union couples and de facto couples are often not clear, nor are the various possibilities for regularization connected to each of these statuses. Let’s discover them together.
1. What is a civil union (unione civile)?
Civil union is a social composition made up of two adults of the same sex, established by way of declaration made in front of the Stato Civile (Civil status) official, in the presence of two witnesses (art. 1 co 2 l. 76/2016). With the establishment of the civil union, the parties acquire the same rights and assume the same duties; furthermore, deriving from the civil union comes the reciprocal obligations of moral and material assistance and co- habitation. Finally, both parties are held, each in relation to their individual means and individual capacities for professional work and housework, to contribute to their common needs.
2. What is a de facto couple (coppia di fatto)?
Constituting a de facto couple are two adults united in stable fashion by ties of affection and reciprocal moral and material assistance, who are not connected by relationships of kinship or adoption, matrimony, or civil union (art. 1 co 36 l. 76/2016). The members of a de facto couple can organize the patrimonial relations regarding their life together through the preparation of a cohabitation contract (art. 1 co 50 l. 76/2016).
3. Civil union and request for Italian citizenship
The foreign person civilly united with an Italian citizen can acquire Italian citizenship under the same conditions as those provided for by article 5 of the law regarding citizenship (l. n. 91/1992) for those who have contracted matrimony, spent two years of residence in
Italy or, if resident abroad, spent three years in civil union. This equivalency is provided for by dall’art. 1 co 20 l. 76/2016, which stipulates the applicability of the rules in which the words spouse (coniuge), spouses (coniugi), or equivalent terms are contained, also to each of the parties in the civil union between persons of the same sex.
4. De facto couples: how to obtain the permit to stay (permesso di soggiorno)
The foreign partner of a European Union citizen in a de facto couple has the right to enter and stay in the Italian State, if the relationship is attested to by official documentation (art. 3 d.lgs. 30/2007). This attestation can be made by stipulating a cohabitation contract, which should be authenticated by a notary or by a lawyer and then registered at the town of residence (art. 1 co. 52 l. 72/2007).
The person making the request can obtain two different types of permit to stay. The first is called carta di soggiorno and has a duration of five years (art. 10 d.lgs. 30/2007). It is possible to ask for this when the European citizen partner has exercised their right to free movement (art. 23 co 1 d.lgs. 30/2007). The second, on the other hand, is a permit to stay granted for family reasons. This has a duration of two years and can be granted if the Italian citizen partner has not exercised the right of free movement. The two permits have different characteristics, both in terms of the procedure for obtaining them and of the consequences for renewal, with developments that could lead to critical issues and inequities.
5. Why Consult an Expert Immigration Lawyer in Bologna?
An expert immigration lawyer can provide legal advice and assistance, both in and out of court, in many areas of a foreign national’s life, including applications for residence permits and Italian citizenship.
Integra – Immigration, Work and Rights offers a wide range of services and is located in Bologna, at Via Cesare Battisti no. 33, and in Pesaro, at Viale della Vittoria 161.
