Non-Married Partners: How to Obtain a Residence Permit in Italy as De Facto Cohabitants
by Adriana ruiz
De facto cohabitants in Italy enjoy specific legal rights and protections under the framework established by the Legge Cirinnà (Law No. 76 of 20 May 2016). This legislation allows unmarried couples to formalize their relationship through a cohabitation contract (contratto di convivenza), which regulates key aspects of their shared life, including financial contributions, property arrangements, and mutual obligations.
Many de facto cohabitants build a stable life together that may include children. For this reason, legal recognition of their relationship is essential in order to access certain rights and protections that are traditionally associated with marriage. While they are not married or in a civil partnership, these couples often share a household, support each other financially and emotionally, and function as a family unit.
In Italy, “de facto cohabitants” refers to couples who live together in a stable and committed relationship without being legally married or united in a civil partnership. They are commonly referred to as cohabiting partners or unmarried couples. The legal concept of de facto cohabitation acknowledges the rights and responsibilities that arise from long-term cohabitation and provides a legal mechanism for regulating aspects of life in common.
One significant advantage of legal recognition is its impact on immigration matters. Entering into a cohabitation contract may facilitate the process of obtaining a residence permit, which is particularly important for foreign nationals living in Italy. By formalizing their relationship, de facto cohabitants can better protect their interests and establish a solid legal foundation, enhancing stability and legal certainty in their everyday lives.
Requirements:
To enter into the cohabitation contract, certain criteria must be met:
– Both parties must coexist in fact, substantiated by corresponding anagraphic registration.
– The cohabitants must be adults and not interdicted, with no current marriage or civil union, and not have entered into another similar contract within its validity period.
– The contract must be written and can be executed through a public or private act, authenticated and subscribed by a notary or attorney who verifies compliance with mandatory rules and public policy.
To proceed with the contract signing, each contractor must fulfill the following requirements:
● Be an adult with the capacity to understand and consent.
● Be free from any existing marriage, civil union, or other cohabitation contract within its validity period.
● Have no relationship of kinship, affinity, or adoption with the other contractor.
● Establish a stable cohabitation with the other contractor, with proof derived from anagraphic results.
● Register the cohabitation at the comune/city hall.
● Additionally, they must not be judicially interdicted.
Content: The cohabitation contract should include the following elements:
Required: Indication of the residence of both contractors.
Optional:
– Modality of financial contributions from both contractors, based on their contributive capacity.
– Choice of property regime. Unlike married or civilly united couples, cohabitants do not acquire a different legal status.
Termination of the Contract:
The cohabitation contract can be terminated under the following circumstances:
– Death of one of the contractors.
– Marriage or civil union between the contractors or with a third party.
– Agreement between the contractors to terminate the contract.
– Unilateral termination by one contractor, with notice to the other, followed by notification and registration at the comune/city hall.
Cohabitation Contract with a Non-EU Citizen
The cohabitation contract also enables a non-EU citizen to apply for and obtain a family permit. The Italian public administration facilitates the stay of non-EU citizens who can demonstrate a stable relationship with an EU citizen. This proof of a stable relationship is established through the registration of the cohabitation contract.
Procedure:
To formalize the cohabitation contract, the following steps are involved:
– Collection of documents for the declaration of residence, including a residence certificate, and for non-EU citizens, a multiple language certificate of free civil status (with clearance/nullaosta issued by the Embassy) and rental contract or property deed.
– Preparation of the cohabitation contract, to be subscribed and authenticated by a notary or attorney.
– Choice of the property regime.
– The signing of the cohabitation contract.
– Registration of the contract with the revenue agency (agenzia delle entrate).
– Notification of the contract registration to the comune/city hall. After 30 days from the notification, the certificate of the cohabitation contract can be obtained.
In conclusion, the cohabitation contract grants non-EU citizens the opportunity to apply for a family permit, allowing them to reside in Italy as a cohabitant with an EU citizen partner. This legal recognition provides additional benefits and rights to de facto cohabitants in Italy.
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