The civil cohabitation agreement is a form of legal agreement between a couple who have chosen to live together, materially and spiritually. Therefore, the civil cohabitation agreement is a contract signed in front of a lawyer who assumes notarial functions provided by law. The civil cohabitation agreement concluded is then registered to the Municipality of residence and is valid as a title for the civil cohabitation of fact and, therefore, also for the application of residence permit for the family reunification of non-EU citizen. The news is that you can get a residence permit for civil cohabitation and for reunion family with the pact of cohabitation actually stipulated before a lawyer, through the intervention of the judge
Registration of the civil cohabitation agreement and request for a residence permit in Italy between two persons who do not live in the same municipality
We have already written here that the Supreme Court of Cassation has established that civil cohabitation between two persons can be for spiritual reasons, that is when two persons can demonstrate that their relationship is characterized by lasting and significant commonality of life and affection, regardless of residence in the same municipality.
Therefore, the Law recognizes that residence in the same Municipality is not a primary requirement for registration of the civil cohabitation agreement. Actually, however, the Registry Office refuses to register the agreement if both cohabitants are not resident in the same Municipality, with the consequence that the right to a residence permit for family reunification is denied.
In these cases there is a distortion of the Cirinnà Law and the Law of the Supreme Court of the Cassation.
In fact, the Law provides that two persons must prove to live together and the Supreme Court has established that, first of all, cohabitation must be spiritual, regardless of whether the cohabitants are resident in the same place. With the refusal of registration of the agreement thus concluded, the Municipalities deny a right guaranteed by the law.
The legal solution if one of the cohabitants is not resident in an Italian municipality
The Court of Cassation recognized the principle of effective civil cohabitation even at a long distance. Thus, the procedure for getting Civil Cohabitation recognised is this:
- Registration of the Cohabitation Agreement with an attorney
- Request for registration of the agreement to the Municipality of residence of the Italian citizen cohabitant
What to do if the registration request is denied due to the fact that one of the cohabitants is not resident in Italy.
- Appeal before the Ordinary Court to obtain the decree, recognizing the Civil Cohabitation Agreement for have the resident card of family member
- Request for residence permit for family reunification
For legal advice online for residence permits and recognition of citizenship, contact international law firm Damiani & Damiani