The topic of binational family reunification in connection to the right of residence in Italy for the extra-Eu partner who does not have a residence permit has been dealt with by the attorneys at Damiani&Damiani Law Firm more than two years ago.
Binational Family Reunification, Residence permit, Right of Registration at Register Office of Italian Courthouses
The issue concerning the bureaucratic red tape hampering the registration at the Register Office of an Italian citizen’s non-EU cohabitant has been dealt with several times and in various Italian Courts by the team of Lawyers at Damiani&Damiani Law Firm. On one hand there have been Tribunals, such as the Court of Bologna, to have already granted binational couples their requests, thereby allowing the extra-EU cohabitant a residence permit and giving formal approval to the stable reunification of the de facto couple. On the other hand, other Courts have denied the same requests even when presented in appeal.
The decisions of the Courts of Turin and Venice assert the Right of Registration of Italian citizens’ extra-EU cohabitants
As a matter of fact, the specialised division for Immigration Law at the Court of Turin has finally reconsidered its orientation and welcomed the resolution presented by the legal team at Damiani&Damani Law Firm, granting an Italian citizen the requests of reunion with their third-country partner made by the represented binational couples.
The Courts of Turin and Venice grant the request of cohesion with non-EU partner as well as registration
Aligning to the orientation of other Courts’ previous decision, Turin and Venice therefore recognise the right of registration of the extra-EU citizen without an autonomous right of residence, even in absence of formal marriage. In both decisions, the Courts made the choice of solving the problem ‘internally’ rather than referring the matter to the Court of Justice of the European Union (CJEU), as requested in all appeals by Damiani&Damiani given the impossibility to resolve the matter in court proceedings. In their decision and in both favourable judgments, the Courts refer to the recent Metok case, whereby the CJEU stated on the issue of what documentation to attach in those cases of binational de facto couples requesting reunification and registration at the Register office of an Italian municipality.
De facto family and cohesion right for binational families
As pointed out by the Courts, the Court of Cassation itself has clarified the crucial issues concerning the right of cohesion for binational families without a formal marriage or other more recent institutes. De facto families escape formality by definition – therefore, proof of affectio has to be ‘free’ rather than anchored to stereotypes or institutions, such as marriage, that do not match the institution of de facto cohabitation. Despite its recent configuration, cohabitation represents a center of interest to all intents and purposes equiparable to family, and as such must it be protected. The Courts of Turin and Venice, following previous judgments by other Courts of law, finally pave the way to family reunification for binational couples. This opening is particularly significant for those notoriously traditionalist regions in matters of immigration law, that do not see favourably binational unions when not sealed by formal marriage.
Fill out the form for legal advice on the residence permit in Italy for binational couples
