First the Court of Milan and then the Court of Rome have already said yes to the registration of the non-EU partner of an Italian citizen in the registry office. This means that the non-EU partner of an Italian citizen can apply for a residence permit for family reunification in Italy.
Non-EU Partner can obtain a residence permit for reunification even if they are not yet resident in Italy
Find out how here: Here is how to obtain a residence permit for family reunification
This was not a foregone conclusion, since even today some Municipalities still refuse to register with the registry office without a residence permit issued by the immigration offices of the Police Headquarters. But in the face of a unanimous and authoritative jurisprudence such as that of Milan and Rome, it makes little sense to oppose what has now become an evidence as well as legislative as well as juridical, i.e. the registry offices of the Municipalities are called to register in the registers of residence of the de facto couple who chose to live in that municipality, even if until then the partner have not lived together under the same roof. It is worth underlining the fact that the Court of Rome also censured the Municipality that had refused the registration, condemning it to reimburse the legal costs since the Court now believes that the matter is no longer “new” and the cases always more numerous.
The Damiani&Damiani Law Firm have obtain the result legally recognized after more than 2 years of legal battles in Italian courts such as that of Milan, Rome, Modena. The latter already more than 2 years ago recognized the right to reunification pursuant to Legislative Decree n.30 / 2007.
Partner from outside the EU. The court Sentences the municipality to pay legal fees
The Municipality that had refused the registration in the Registry of the de facto Italian couple, with a non-EU partner, was sentenced to reimburse the legal costs