By Mazzeschi

The Council of State (n. 5040/2017) has ruled that also the foreign partner cohabiting more uxorio (i.e. marriage in fact) with an Italian citizen, can obtain a residence permit for family reasons. This broad interpretation of Italian Immigration law is based on the new provisions introduced by Law No. 76/2016 on civil unions – whereby cohabitation is defined as “the status of two people who have a stable relationship based on emotional bonds and on reciprocal moral and material assistance” – and on Decree 30/2007 on the right of EU and their family members to move and reside freely within the territory of the EU and EEA member states (Directive 2004/38/EC).