🛑 VISA SHOCK: Why You MUST Stop Using a "Tourist" Entry for Your Move to Italy with an Italian Spouse
- Tiffany
- 4 days ago
- 4 min read
Are you planning your move to Italy? The law changed in June 2024, and ignoring this puts your residency at risk.
For years, non-EU spouses (like Americans, Canadians, Aussies, and others) of Italian citizens had an accepted pathway to move to Italy together: enter the Schengen zone visa-free as a tourist, find housing, and then apply for the residence permit (Permesso di Soggiorno) after arrival.
If you are married to an Italian citizen and are planning your long-term move to Italy with them, that pathway is now legally closed.
Effective June 1, 2024, Italy reinforced the requirement for all non-EU family members of Italian citizens who plan to reside in Italy for longer than 90 days to obtain a specific, long-term visa before arrival.
If you are planning to join your Italian spouse in Italy permanently, relying on the old "enter as a tourist" method puts you at risk of violating the new law.
⚠️ SPOUSE STATUS ALERT: A Critical Distinction
You must be legally married to a person who is currently an Italian citizen to follow the Type D visa process below.
If your spouse is only eligible for Italian citizenship (e.g., they are applying via jure sanguinis or naturalization) but does not yet have their Italian passport, they are legally a non-EU foreigner.
If you accompany a foreigner who is only applying for citizenship, you cannot use the family reunification rules. You cannot accompany your spouse while they wait for their citizenship application to process; the process will take significantly longer than your tourist visa will last. In this case, your spouse must complete their citizenship application first, and only once they receive their Italian passport can you apply for the Type D visa as their spouse.
📜 The Source: The Law That Changed Everything
This requirement is not an administrative suggestion; it is a change in Italian law. The directive to mandate the Type D visa came from the amendment of a key legislative text:
The change stems from the amendment of Article 23 of Legislative Decree 30/2007 (implementing the EU Free Movement Directive). This amendment eliminated the provision that previously allowed non-EU family members of Italian citizens to skip the visa step and apply for a residence card upon entry. The measure was enacted via Law n. 103/2023 and became mandatory for Consulates on June 1, 2024.
The law now strictly requires the National Visa (Type D) as the legal entry document for long-term family residency.
🚫 The Danger of the "Tourist Entry" Method
The online forums and groups suggesting you can still enter as a tourist are based on practices that pre-date the June 2024 law change.
The Risk Today: Illegal Status After 90 Days
The required residence card application process takes many months, nearly always exceeding the 90-day tourist limit.
The government's new position is that a short-stay status (like a visa-free tourist entry) is an insufficient basis to initiate a long-term residency procedure.
Without the mandatory Type D National Visa in your passport, once your 90 days are up, you are officially an overstayer, which can lead to complications with the Questura and potential difficulties in future interactions with Italian immigration authorities.
✅ The New Legal Path: The Mandatory Type D Visa
The correct and required pathway for all non-EU spouses of Italian citizens who intend to settle in Italy is to apply for the National Visa (Type D) for Family Reasons (Visto Nazionale per Motivi Familiari) at the Italian Consulate in your country of residence before you travel.
Key Facts About the Type D Visa
Sponsor: Your Italian (or EU) Citizen Spouse.
Cost: Issued FREE of Charge (as stipulated under Article 5 of Legislative Decree 30/2007).
Pre-Approval: No Nulla Osta (pre-approval) is required from the Sportello Unico per l'Immigrazione (SUI, or Single Desk for Immigration) because your spouse is an Italian citizen.
Action in Italy: Within 8 days of arrival, you must apply for the Permesso di Soggiorno.
5 Critical Steps Before You Book Your Flight
Marriage Transcription: Ensure your marriage certificate is officially registered (transcribed) in the Italian municipality (Comune) where your Italian spouse resides. The Consulate will require proof of this.
Gather Documents: Collect the required paperwork, including the Apostilled Marriage Certificate, translation, and proof of your Italian spouse's residency.
Apply for Type D: Submit your visa application directly at the Italian Consulate that serves your U.S. state.
Travel: Enter Italy using your new Type D visa.
Apply for Residency: Within 8 days of arrival, you must submit the application for the Permesso di Soggiorno (Permit of Stay) kit at a Post Office or directly at the Questura, if your comune allows it.
A Critical Warning on Housing: You need a legal, registered lease or deed to complete the residency application. The safest approach is for your Italian spouse to travel ahead to secure this permanent housing before you apply for your visa.
🇮🇹 Planning for Citizenship by Marriage (Jure Matrimonii)
After successfully moving to Italy and obtaining your Permesso di Soggiorno, you become eligible to apply for Italian citizenship through marriage. Note that this process has separate requirements and timelines:
Key Requirements and Timelines
Wait Time: You become eligible to apply two years after the date of marriage, provided you are legally resident in Italy.
Note: This wait time is reduced by half (to one year) if the couple has minor children (biological or adopted).
Language Requirement: You must demonstrate an adequate knowledge of the Italian language by obtaining a B1 level certificate from an officially recognized body (like CILS). This certificate must be submitted with your application.
Processing Time: The Ministry of the Interior has a maximum of 36 months (three years) to process the citizenship application from the submission date.
Application Location: Since you reside in Italy, the application will be filed with the local Prefettura (Prefecture).
Call to Action: Don't risk your legal status based on outdated information! If you are married to an Italian citizen and planning your move, start the Type D Visa application process now.
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