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ITALY – Ministry of Internal Affairs Validates Same Sex Partnerships

The Italian Ministry of Internal Affairs has officially confirmed with a Directive letter issued on 26 October 2012 that same sex partners of Italian or EU citizens are entitled to obtain a family permit of stay in Italy, provided that their marriage is duly registered and recognized by the foreign country where the marriage was celebrated.

Previous Case History

The directive follows previous immigration approvals for same sex spouses of Italian or EU nationals. In mid-October this year, Immigration Police in Rome issued a permit of stay for a same sex Israeli spouse of an Italian national. The couple was married in Norway. Last September, Milan allowed the issuance of the Permit of Stay to the same sex spouse of an Italian national, married in Canada. The total number of approvals for same sex spouses only numbers six but, with the issuance of the new directive, thus is expected to increase.

Non-EU Nationals

Note that the Directive concerns same sex spouses of EU nationals only, in accordance with the EU Charter of Fundamental Rights and Legislative Decree n. 30/2007 dealing with EU regulations.

Action Items

  • Note that dependent permission may now be granted to non-EU national same sex dependent spouses of EU nationals in Italy.

This news alert was prepared using information provided by Mazzeschi Corporate Immigration and Citizenship Law

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.