Imagine a fairly common case. A US entrepreneur decides to move to Milan with his wife, who holds an EU passport. They married in New York and signed a prenuptial agreement there. Their elder son lives in London, their younger daughter, a minor, was born from the wife’s previous marriage, and her father lives in Switzerland. The family also plans to bring its long-standing household staff. On paper, the decision is shared. In practice, each member faces a different legal path. This is why relocation deserves careful attention from several angles at once, such as family law, immigration, the protection of children and the family’s wider arrangements, and why it is advisable to rely on specialist professionals from the outset, who can coordinate the legal choices to be made before arrival.
Family law: what really travels with the family?
Recognition of marriages, partnerships and adoptions
Marriages, civil partnerships and adoptions created abroad may need to be recognised and transcribed in the Italian civil status records. The framework is set by Italian private international law (Law no. 218/1995, in particular Articles 27 and 28 on marriage and Articles 64 to 66 on the recognition of foreign judgments and acts, over which EU Regulation 2019/1111 prevails for decisions issued by other Member States in matrimonial matters and matters of parental responsibility, as well as Regulation 2016/1191 on public documents) and by the civil status rules (Presidential Decree no. 396/2000, Articles 17 and 19). Under Article 32-bis of Law no. 218/1995, introduced by Legislative Decree no. 7/2017, same-sex marriages celebrated abroad by Italian citizens take effect in Italy as civil unions, while foreign adoptions follow Law no. 184/1983 (Articles 35 and 36) or Article 41 of Law no. 218/1995, depending on the adopters’ residence and the type of adoption. The practical advice is to obtain certificates, judgments and deeds early, and to have them apostilled under the 1961 Hague Convention (or legalised) and translated. A relative’s right to enter Italy often depends on it. Moreover, even where no special recognition procedure is required, transcription or annotation in the civil status records remains subject to the civil status officer’s verification that the relevant conditions are met and that the act or decision is not contrary to Italian ordine pubblico.
Divorce: jurisdiction and applicable law
Relocation may also have consequences for the dissolution of marriages. Should the spouses later separate or divorce, the move to Italy may affect which courts have jurisdiction and which law applies, matters governed within the EU by Regulation 2019/1111 and by Regulation 1259/2010, which also apply to non-EU nationals by virtue of its universal application. In our example, once the couple has established its habitual residence in Milan, the Italian courts would have jurisdiction to rule on a separation or divorce, and the applicable law would be determined under EU Regulation 1259/2010. The spouses may also agree in advance on the law applicable to their divorce, within the options set out in Article 5 of EU Regulation 1259/2010, such as the law of their habitual residence or of the nationality of either of them. These aspects deserve to be considered before the move, as part of its overall planning.
Matrimonial property and prenuptial agreements
A change of habitual residence may also affect how the spouses’ assets are owned and managed, which makes it important to give careful thought, before the move, to the matrimonial property regime. Under EU Regulation 2016/1103, spouses may choose the law applicable to their matrimonial property regime, and existing prenuptial agreements, such as the one signed in New York in our example, should be reviewed to understand whether and to what extent they will be effective in Italy.
Children, parental responsibility and relocation
Changing a minor’s residence is a decision of major importance that requires the agreement of both parents holding parental responsibility (Articles 316 and 337-ter of the Civil Code). Without it, the move may amount to wrongful removal under Article 3 of the 1980 Hague Convention on the civil aspects of international child abduction, with the risk of an order for the child’s prompt return. In our example, the daughter’s father in Switzerland must agree. A change of habitual residence also shifts jurisdiction over parental responsibility, governed within the EU by Regulation 2019/1111 and by the 1996 Hague Convention. In blended families, a written agreement on the relocation, covering residence, contact with the other parent, schooling and expenses, is advisable, together with an assessment of whether it should be approved or recognised in the countries involved.
Immigration: who moves, and on what basis?
The second pillar of planning is immigration, which starts with asking simple questions, such as who is moving, when, with which citizenship and for what purpose in Italy.
EU citizens and their family members
As is well known, EU citizens enjoy freedom of movement under Directive 2004/38/EC, implemented in Italy by Legislative Decree no. 30/2007. For stays exceeding three months, registration with the local population register is sufficient, and their non-EU family members may obtain a residence card (Article 10).
Visa options for non-EU nationals
Non-EU nationals, including British citizens since Brexit (subject to the protections of the Withdrawal Agreement for those already resident), need an entry visa and must apply for a residence permit within eight days of arrival (Articles 4 and 5 of Legislative Decree no. 286/1998). In our example, both routes coexist under the same roof. For non-EU nationals, the most popular options include the investor visa (Article 26-bis of Legislative Decree no. 286/1998), linked to a qualifying investment in Italian government bonds, companies or innovative start-ups, or to a philanthropic donation; the elective residence visa (Interministerial Decree no. 850/2011), for those who wish to live in Italy on stable independent means without working; and work-related visas, such as self-employment (Article 26 of Legislative Decree no. 286/1998), the EU Blue Card (Article 27-quater), intra-corporate transfers (Article 27-quinquies) and the digital nomad visa (Article 27, paragraph 1, letter q-bis). The choice is never neutral. It determines what each person may do in Italy, such as working, holding corporate offices or studying, and which requirements must be maintained over time.
Family reunification and accompanying relatives
Beside the main applicant’s pathway, entry with accompanying family members or family reunification (Articles 28 and 29 of Legislative Decree no. 286/1998) is often available, subject to income and housing requirements. Moreover, “family” for immigration purposes is often narrower than the family as it is actually lived. Adult children who are not dependent, parents, unmarried partners and household staff may need a permit of their own. This is precisely where family law and immigration meet: the recognition of a marriage or an adoption is frequently the gateway to a relative’s right of entry.
After arrival: residence registration and access to services
Once in Italy, obtaining a residence permit also allows non-EU nationals to register as residents with the municipality where they live (Presidential Decree no. 223/1989 and Article 6, paragraph 7, of Legislative Decree no. 286/1998). Registration as a resident, in turn, unlocks access to many services, including enrolment with the National Health Service.
A coordinated plan makes the move simpler
Visas, permits, registrations and renewals follow different timelines for each family member. Without coordination, the risk is that someone is left behind, or that a permit lapses unnoticed, thereby rendering that person’s presence in Italy irregular. Planning before the move is the best way to ensure that the laws of different countries do not end up deciding on the family’s behalf.
