paper presented at the AILA - Global Migration Section teleconference on February 25, 2016

1. AILA - Global Migration Section
February 25 - Teleconference
Visas for dependents of temporary workers assigned to EU countries
Dependent Drama: Common Challenges Faced by Accompanying
Dependents in Global Immigration
When an employee is sent on assignment abroad, what happens to their family? Assessing the available visa options (or
lack thereof) for an assignee’s dependents is an often-neglected but very important aspect of global immigration
planning. Countries do not all define “family” or “dependent” in the same way. Some may recognize a broad group of
dependents, including extended family members or de facto family members; others may not even allow spouses and
children to accompany expat employees. And if the dependents cannot obtain the necessary visas, the employee may
refuse to go on assignment at all.
Visas for dependents of temporary workers assigned to Italy
Italy recognizes Family unity as a fundamental principle of its legal system. In case of foreign nationals, the reunification
of family is seen as a means to facilitate the integration process in the country.
There is an important distinction between the rules that apply to foreign family members of foreign nationals
(individuals from outside the European Economic Area or Switzerland) and those that apply to foreign family members
who accompany or join EU citizens. In the second case, the term “family member” is given a broader meaning in
accordance to directive 2004/38/EC.
? Can temporary immigrants bring their dependents with them?
Foreign nationals are eligible to apply for family reunification if holding a residence permit/visa with a validity of at least
one year ( employed or self-employed work, asylum, study, religious or family reasons).
? Who qualifies as a dependent? Same sex spouses, common law partners, overage children
and elderly parents.
Foreign family members of foreign nationals who qualify for dependent permit:
 The spouse aged at least 18 legally married.
 The minor children of the couple (i.e. unmarried children under 18 years of age), or of one member of the
couple (only if the parent has full custody and the children are dependent on him or her, including adopted
children).
 Dependent adult children (of 18 or above) who cannot take care of themselves because permanently and
totally disabled.
 Parents who are financially dependent or parents aged over 65, in case they do not have other children in the
country of origin or provenance or if these are not able to support them for serious and documented health
problems.
In case of parents aged over 65, it is mandatory that they are covered by a comprehensive health insurance)
 It is also eligible for family reunification the biological parent of minors already regularly residing in Italy with
the other parent.
Foreign family members of EU nationals (nationals of a country of the EEA or Switzerland) entitled to family permit:

2.  the spouse;
 the partner with whom the Union citizen has a registered partnership, contracted on the basis of a Member
State law, if the legislation of the host Member State recognizes registered partnerships as equivalent to
marriage and in accordance with the relevant legislation of the host Member State;
 the direct descendants who are under the age of 21 or are financially dependents and those of the spouse or
registered partner;
 the financially dependent direct relatives in the ascending line and those of the spouse or registered partner.
Italy, in accordance with national legislation, facilitates entry and residence of the following:
 any other family members not included in the above definitions, who, in the country of provenance, are
financially dependents or members of the household of the Union citizen, or if they strictly require the personal
care by the Union citizen on serious health problems;
 the partner with whom the Union citizen has a stable relationship, duly attested by the Member State of the
Union citizen
? Alternative strategies for dependents who don't qualify for traditional dependent visas.
Dependents who do not qualify for dependent visa must obtain a visa/permit independently. Possible options are:
- Study visa/permit
- Elective residence visa/permit
- Work permit (either as employed worker or a self-employee)
? What activities are dependents allowed to perform?
A residence permit for family reasons allows the holder to:
- access to social services,
- study
- register with the Job Centre if unemployed
- work (employed or self-employed job) without the need a work permit
? Special qualification requirements for dependents (i.e. language fluency or cultural
integration)
There are no special qualification requirements for dependents, however any foreign nationals applying for a permit
valid 1 year or more in Italy is subject to the provisions of the Integration Agreement (Accordo di Integrazione) where
the foreigner is committed to reach a certain level of integration in Italian society and Italian language knowledge (A2
level) in order to maintain a regular immigration status. Holders of a family permit, however, though being required to
execute the agreement, are not subject to the final assessment on the required goals.
? Important non-immigration legal considerations for dependents – non-recognition of intra-
faith or intra-racial marriages, illegality of same sex marriages, etc.
As of now, Italy do not recognizes de facto couples, same sex marriages or civil unions. This has implications on the rules
applying to foreign spouses of foreign nationals, whereas more favourably conditions apply to foreign spuse/partner of
EU nationals, in accordance with directive 2004/38/EC. The spouse of a foreign national is entitled to receive a
dependent permit only if legally married. Polygamous unions are not recognised in Italy and the spouse must be over 18
years of age.
It is important to note that those who are eligible for a family permit enjoy increased protection with regards to
expulsions measures: before adopting an expulsion measure or refuse issuance/renewal of the permit authorities must

3. take into account the personal situation considering both his/her dangerousness to public policy or public security and
other criteria of integration in the country.
In sum, holders of a family permit can be expelled only on imperative grounds of public security.
In addition, the sponsor of a family permit can lodge an appeal to the Ordinary Court of the city of residence against
the denial to grant the residence permit for family reasons, as well as against other measures which may be taken by in
the field of right to family unity.
? Documents challenges - procuring and legalizing/apostilling documents necessary to obtain
dependent immigration status
A foreign national is entitled to sponsor a family permit application only if:
a) regularly resides in Italy
b) can provide evidence of availability of a minimum annual income deriving from legal sources and not lower
than the annual amount of the social allowance. This parameter is updated every year.
c) can provide evidence of having secured a suitable accommodation,
d) Can provide documentary evidence of the family ties
Main challenges connected to the above requirements:
- With reference to point (b) the documents to be submitted to prove income availability vary according to the
type of applicant’s employment and may be quite burdensome. Especially in case of temporarily assigned
workers who do not have a local contract, are not paid within Italy and are not required to file tax returns, there
may be difficulties in explaining authorities the source of income. The same apply to the potential sponsors who,
despite matching the requirements, do not hold “standard” documentation proving a source of income.
- With reference to point (c) this represents one of the most challenging document to be procured. With
reference to immigration regulations, an accommodation is defined “suitable” when meeting certain
requirements in terms of size per number of people, health and safety regulations etc. Its “suitability” is proven
by means of a certificate issued by the relevant city council. Applying for and procuring this document is in the
majority of cases burdensome, difficult and sometimes expensive.
- Point (d): the certificates stating the family relationship must be duly legalised in the country of issuance (by
means of consular legalisation or apostille) then translated into Italian and attested either by the Italian
consulate if abroad or sworn before a court if performed in Italy. This may be a difficult process and also,
because Italian regulations are often subject to different interpretation by authorities, applicants may have
difficulties in procuring documents in the correct format.