Family reunification is a right granted to those who legally reside in Italy. However, recent legislative changes have restricted access to this right. Decree Law 145/2024 introduced a requirement of two consecutive years of legal residence for certain categories, raising concerns over its compatibility with Italy’s legal system and constitutional legitimacy. This measure also raises questions about human rights and the balance between state interests and family life protection. Let’s examine these issues.
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- What are the new restrictions on family reunification?
- Is the new requirement compatible with the Immigration Consolidated Act?
- Does the limit comply with the EU Charter of Fundamental Rights and the ECHR?
- Can the limit be considered legitimate under European case law?
- Why consult an immigration lawyer in Bologna?
1. What are the new restrictions on family reunification?
Decree Law 145/2024 amended Article 28 of the Immigration Consolidated Act by introducing a requirement of two uninterrupted years of legal residence in Italy to apply for family reunification. This requirement does not apply to beneficiaries of international protection or minor children. It affects spouses, dependent adult children, and parents, effectively reducing access to family reunification for many foreign families.
2. Is the new requirement compatible with the Immigration Consolidated Act?
The new temporal requirement appears to conflict with other provisions of the Immigration Consolidated Act, particularly Article 5, paragraph 5, which mandates an assessment of family ties before denying or revoking a permit. The lack of a case-by-case balancing clause in the new rule could complicate its implementation, especially in cases involving family cohesion or vulnerable individuals.
3. Does the limit comply with the EU Charter and the ECHR?
Although States can regulate immigration, the measure must respect the right to family life under Article 7 of the EU Charter of Fundamental Rights and Article 8 of the European Convention on Human Rights. A rigid time-based requirement without individualized evaluation may be deemed disproportionate and contrary to these principles—especially if no legal alternatives are offered to maintain family unity.
4. Can the limit be considered legitimate under European case law?
The European Court of Human Rights grants States a margin of discretion but requires a fair balance between public interest and individual rights. A waiting period may be considered legitimate only if it is reasonable, justified, and includes a personalized assessment. The absence of such a procedure in the Italian regulation could lead to legal challenges and a possible declaration of unconstitutionality.
5. Why consult an immigration lawyer in Bologna?
An immigration law expert can offer both judicial and out-of-court support in various aspects of foreign nationals’ legal matters, including family reunification requests. With our guidance, you can determine whether the two-year requirement applies to your specific case.
Integra – Immigration, Work, and Rights offers a wide range of services and is based in Bologna (Via Cesare Battisti 33) and Pesaro (Viale della Vittoria 161).
