A question that often comes up in expat communities — particularly since Brexit — is this: I’m an EU citizen moving to Italy, but my spouse isn’t. What do we actually need to do?
It sounds like it should be straightforward.
One of you has EU free movement rights, the other is married to someone who does.
Surely that makes things simpler?
In some ways, yes.
But the process has its own specific sequence, its own specific documents, and — since a significant change in Italian immigration law in 2024 — its own mandatory first step that many people are still unaware of.
Getting this wrong can mean your partner overstays their permitted time in the Schengen area, which creates real problems.
This guide walks through everything: who qualifies, what changed in 2024, the two possible routes into Italy, and the exact step-by-step process once you’re here.
Does a Non-EU Spouse Have the Right to Live in Italy With Their EU Partner?
Yes — under EU law, specifically Legislative Decree 30/2007, non-EU family members of EU citizens who exercise their free movement rights in another EU country are entitled to join and reside with them.
This applies to spouses, registered partners, dependent children under 21, and dependent direct relatives.
The key phrase is exercise their free movement rights in another EU country.
This means an EU citizen must be moving to Italy as a country that is nicht their own — not simply returning home.
So an Irish citizen moving to Italy with a British spouse qualifies fully under this framework.
An Italian citizen bringing a non-EU spouse back to Italy falls under a different legal route (the FAMIT permit — more on that below).
British nationals post-Brexit: UK citizens are now classified as non-EU nationals for all immigration purposes. British spouses of EU citizens moving to Italy are fully entitled to apply under this framework — but they must follow the correct process described below.
What Changed in 2024 — and Why It Matters
Before June 2024, it was common practice for non-EU spouses of EU citizens to travel to Italy as tourists and apply for their residence cards upon arrival.
That route is no longer the legally correct one for stays over 90 days.
Wie Legally Italy’s 2024 family visa guide confirms, since June 2024, the amendment to Article 23 of Legislative Decree 30/2007 eliminated the old provision that allowed non-EU family members to skip the visa step entirely.
The Type D family visa is now the legally required route before travelling for long-term stays.
That said — as we explain in the next section — the practical reality is more nuanced, and two routes continue to exist in practice.
⚠️ Italian immigration law and procedures have changed significantly in recent years and continue to evolve. This guide reflects the rules as understood in mid-2026. Always verify current requirements with a qualified Italian immigration professional or your local Italian consulate before proceeding.
Who Qualifies Under This Route?
The EU family member rules under Legislative Decree 30/2007 apply to:
- Spouses of EU citizens moving to an EU country that is not their own country of citizenship
- Registered civil partners under equivalent national legislation
- Dependent children under 21, or older children who are financially dependent
- Dependent parents or grandparents who are financially dependent on the EU citizen
Important distinction: this route is for “mobile” EU citizens — those exercising free movement by living in a different EU member state. It does nicht apply to Italian citizens returning to Italy with a non-EU spouse. In that case, a different process applies (the FAMIT permit, managed through the Sportello Unico per l’Immigrazione). As Your Way to Italy’s legal guide explains, this mobile vs static distinction is a significant legal difference introduced in recent years, and worth confirming with a lawyer if you’re in this situation.
Step One: Two Routes Into Italy — and Why One Is Safer
Since June 2024, there are technically two ways a non-EU spouse can enter Italy alongside their EU partner.
Understanding the difference between them — and the risks of each — is one of the most important things to get right before you travel.
Route A: Apply for the National Visa (Type D) Before Arriving — Recommended
The legally correct route since June 2024 is for the non-EU spouse to apply for a National Long-Stay Visa for Family Reasons (Visto Nazionale per Motivi Familiari, Type D) at the Italian consulate serving their area of residence, before travelling.
Wie Ready Set Italia’s 2024 analysis of the law change explains, this requirement stems from the amendment to Article 23 of Legislative Decree 30/2007, which eliminated the old provision allowing non-EU family members to skip the visa step.
The change became mandatory for consulates on 1 June 2024.
The good news: this visa is free of charge under Article 5 of Legislative Decree 30/2007. No consular fee, no administrative charge. No nulla osta is required. Once issued, the visa is typically valid for one year with multiple entries.
Documents typically required for the Type D visa
- Valid passport (at least six months’ validity beyond planned arrival)
- Apostilled marriage certificate, professionally translated into Italian — non-negotiable
- Proof of the EU partner’s citizenship (valid EU passport or national ID)
- Evidence of intent to live together in Italy (rental pre-contract, property purchase agreement, or written declaration)
- Completed visa application form from the consulate
Processing times vary between consulates — start this process early, well before any moving arrangements are confirmed.
Route B: Enter Visa-Free and Apply Within 90 Days — A Legal Grey Area
In practice, a second route still functions in many cases: the non-EU spouse enters Italy visa-free alongside their EU partner (as permitted for up to 90 days for UK and most other nationalities) and applies for the Carta di Soggiorno within that 90-day window.
Wie Arletti Partners’ 2026 guide to EU family member residency confirms, the Carta di Soggiorno application can legally be submitted within 90 days of entry — whether the applicant entered on a tourist visa or a Type D family visa.
And Studio Legale Metta notes that many Questure (Police Headquarters) continued processing applications under the old policy for months after the 2024 change, without requiring the prior visa.
However, this route carries real risks:
- Not all Questure apply the same interpretation — some may reject applications submitted without a prior Type D visa
- If the residence card application is delayed or refused, the non-EU spouse may find themselves in a Schengen overstay situation, which has serious immigration consequences
- Travelling outside the Schengen area while waiting for a card (without a valid visa or permit) can cause re-entry problems
Our honest advice: If you have the time to apply for the Type D visa before moving, do it. The visa is free, the process is straightforward, and it removes any legal uncertainty. Route B may work in practice — but Route A is the one that protects you regardless of which Questura handles your case.
Step Two: Register at the Comune — Both of You, Together
Once you arrive in Italy, the EU citizen must register their residency at the local (Ufficio Anagrafe) (Registry Office) within their Comune (Rathaus) (town hall).
The non-EU spouse goes with them for this step.
At this appointment, the EU citizen registers their residenza and obtains an Attestazione di Soggiorno (EU registration certificate).
This document is critical for everything that follows — it proves to the immigration authorities that the non-EU spouse is living with a legally registered EU resident.
This step is separate from applying for the actual residence card.
It is simply registering where you live.
You’ll also need this registration to begin die Anmeldung von Strom, Wasser und Gas, die Eröffnung eines Bankkontos, and accessing other essential services.
For a full overview of the EU citizens’ own registration requirements, see our guide to residency registration in Italy for expats.
Step Three: Pick Up the Kit Giallo at the Post Office
Die Carta di Soggiorno application for non-EU family members of EU citizens is processed through a specific postal system — not online, not at the Questura directly, but through an Italian post office (Ufficio Postale) with a Sportello Amico desk (the dedicated public administration counter).
Go to the post office and ask for the Kit Giallo (kit = kit, giallo = yellow — it’s a yellow envelope containing the application forms).
Specifically, ask for the kit for Carta di Soggiorno per familiari di cittadini dell’Unione Europea (Residence Card for Family Members of EU Citizens).
The kit is free of charge. Do not pay for it.
Fill in Modulo 1 from inside the kit.
You can also find official instructions on the Portale Immigrazione — the Italian government’s official immigration portal — which contains the full documentation checklist for this application type.
Step Four: Submit the Completed Kit at the Post Office
Once Modulo 1 is completed, return to the same Sportello Amico post office with the following:
- Completed and signed Modulo 1 (and any other forms included in the kit)
- Original passport and photocopies
- Die Attestazione di Soggiorno obtained from the Comune (Rathaus)
- Die apostilled and translated marriage certificate
- Proof of the EU partner’s registration and identity
- Eine €16 marca da bollo (revenue stamp — bought at any tabaccheria/tobacconist before you go)
Costs to expect: approximately €30.46 for the manufacture of the electronic card, plus around €30 for the postal processing fee. Here you have the full list of expenses related to the Italian Residence Permit.
What you receive in return: an official ricevuta (receipt) confirming your application was submitted correctly, and a printed slip with a specific date, time, and location for an appointment at the Questura (Police Immigration Headquarters).
Keep the ricevuta safe — it serves as the non-EU spouse’s temporary proof of legal status while the card is being processed.
Step Five: The Questura Appointment
On the date printed on your post office receipt, the non-EU spouse must attend the Questura in person.
At this appointment, the Questura will:
- Verify all original documents (passport, marriage certificate, the EU partner’s ID)
- Take fingerprints (biometric data for the electronic card)
- Confirm the family relationship and the EU citizen’s registered residency status
After the appointment, the Questura processes the application.
Die Carta di Soggiorno is an electronic residence card valid for five years and renewable.
When it’s ready — typically after several weeks to a few months — the non-EU spouse will receive an SMS notification or can check the status online.
The card is collected in person from the Questura.
The official Polizia di Stato page on the Carta di Soggiorno for EU family members provides the official documentation checklist and can be printed out and shown to local officials if needed.
Bring some “passport photos” with you to the appointment, usually 4 photos are needed (you can get them in automatic cabins you can find in public places, such as malls).
Step Six: Final Update at the Comune
Once the physical card is in hand, return to the local Comune (Rathaus) one final time.
Show the Carta di Soggiorno to the (Ufficio Anagrafe) so they can update the municipal register and formally complete the non-EU spouse’s residency status.
At this stage, they can also request an Italian Carta d’Identità (identity card).
What About the Codice Fiscale?
Die Codice Fiscale (Italian tax code) is a parallel requirement — not part of the residence card process, but needed almost immediately upon arrival.
You cannot sign a rental contract or a purchase agreement, set up utilitiesoder open a bank account without it.
Both the EU citizen and the non-EU spouse should apply for their Codice Fiscale as early as possible — ideally before arriving in Italy through the Italian consulate, or as one of the very first tasks after arrival.
See our full guide to the Codice Fiscale application process for a step-by-step walkthrough.
What If You’re Planning to Retire, Not Work?
The EU citizen must demonstrate they are exercising their EU treaty rights in Italy — meaning they are working, self-employed, studying, or have sufficient financial resources and comprehensive health insurance to support themselves without relying on public funds.
This is required to sponsor the non-EU spouse’s Carta di Soggiorno.
There is no specific published minimum income threshold, but the standard used in practice is that income or savings should demonstrate the household can support itself without becoming a burden on the Italian state.
A pension, investment income, or documented savings with private health insurance typically satisfies this requirement.
If your situation is complex, consulting an Italian immigration lawyer before you begin is strongly recommended.
A Note on Italian Citizens and Their Non-EU Spouses
If you are an Italian citizen — not a mobile EU citizen — bringing a non-EU spouse back to Italy, the process described above does not apply to you.
You fall under a different framework: the FAMIT permit, managed through the Sportello Unico per l’Immigrazione.
This is a genuinely significant distinction and worth verifying with a legal professional if this applies to your situation.
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Moving to Abruzzo as a Mixed-Nationality Couple and Want Help With the Process?
Getting the paperwork right from the start makes everything that follows easier — and for mixed-nationality couples, there’s more to coordinate than for a straightforward single-nationality move.
The visa, the Kit Giallo, das Questura appointment, the Comune (Rathaus) registration — each step has its own documents, its own timing, and its own potential for confusion.
Bei Wanderlust Abruzzo, we help English- and German-speaking expats and couples navigate every stage of settling in Abruzzo — including residency registration for both EU and non-EU family members.
Personal, bilingual, and on the ground.
Nimm noch heute Kontakt mit uns auf und lass uns über deinen Umzug nach Abruzzo sprechen
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Häufig gestellte Fragen (FAQs)
Do I need a visa to move to Italy if I’m an EU citizen?
No. As an EU citizen, you have the automatic right to live in any other EU member state without a visa. For stays over 90 days, you must register your residency with the local Comune (Rathaus) — but no visa is required for entry or long-term residence.
Does my non-EU spouse need a visa to move to Italy with me?
Since the 2024 change to Italian immigration law, the legally correct route is yes — your non-EU spouse should apply for a National Long-Stay Visa (Type D) for Family Reasons at the Italian consulate before travelling. This visa is free of charge. However, in practice, many Questure continue to process applications from non-EU spouses who entered without a prior visa, within 90 days of arrival. This second route is a legal grey area — it may work, but it carries risks if your Questura applies the stricter interpretation. The visa route is safer.
What is the Kit Giallo and where do I get it?
Die Kit Giallo (Yellow Kit) is the application envelope used to apply for the Carta di Soggiorno for non-EU family members of EU citizens. It’s collected free of charge from any Italian post office with a Sportello Amico desk. Fill in Modulo 1 inside the kit (Modulo 2 to be filled only if you’re legally working in Italy; if not, just keep it within the envelope even if it’s not filled out), then return to submit it with your supporting documents and fees. The post office then generates a Questura appointment for the fingerprinting stage.
How long does it take to get the Carta di Soggiorno?
Die Questura appointment is typically assigned a few weeks after the post office submission. After the appointment, processing the electronic card can take several weeks to a few months, depending on the Questura and current workload. The receipt from the post office serves as your temporary legal status during this waiting period. Once issued, the Carta di Soggiorno is valid for five years and renewable.
Can a British spouse of an EU citizen move to Italy?
Yes. British nationals are classified as non-EU citizens following Brexit, but as the non-EU spouse of an EU citizen exercising free movement rights in Italy, a British person is fully entitled to apply for the Carta di Soggiorno per Familiari di Cittadini UE. They should follow the full process: National Visa (Type D) before arrival (recommended), Comune (Rathaus) registration, Kit Giallo application, Questura appointment, and final Comune (Rathaus) update. The card is valid for five years, grants the right to work, study, and live in Italy, and can lead to permanent residency after five years of continuous legal residence.
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