Regularize your partner’s status through a cohabitation agreement.

Residence Permit for De Facto Cohabitation: How to Obtain It if You Are in a Relationship with an Italian Citizen

If you are a non-EU citizen in a stable relationship with an Italian citizen—even if you're not married—you may be eligible for a residence permit through a de facto cohabitation agreement.

🏠 What Is De Facto Cohabitation?

Law no. 76/2016 (the Cirinnà Law), in force since May 20, 2016, recognizes de facto unions as a legal partnership between two adults, including same-sex couples, who share a common life project.
If formalized through a cohabitation agreement (contratto di convivenza), this type of union has legal value, including the right for the foreign partner to obtain residency and eventually a residence permit.

💍 Is Marriage Required?

No.
You do not need to be married.
Under current Italian law and court interpretations, a registered cohabitation contract, signed before a lawyer or notary, is a valid legal basis to:

• Register the non-EU partner in the local municipal registry

• Request a residence permit for family reasons or cohabitation

⚠️ Common Obstacles

Even though the law is clear, many local municipalities (Comuni) still deny registry to non-EU partners who do not already have a residence permit—even if they live with an Italian citizen. This creates a vicious cycle:
No registry → no permit → no registry.

In such cases, a legal appeal must be filed in court, which can compel the municipality to register the non-EU partner. After the registry is granted, the police (Questura) must issue the residence permit.

🇪🇺 EU Law Supports You

Article 3(2)(b) of Legislative Decree 30/2007, which implements EU Directive 2004/38/EC, recognizes the right of unmarried partners in a stable relationship to be facilitated in entering and residing in Italy.
The cohabitation contract is the legal instrument that proves this stable relationship.

✅ How to Get the Residence Permit

1. Sign a cohabitation agreement with your Italian partner before a notary or lawyer

2. Request registry registration (iscrizione anagrafica) at your local municipality

3. If denied, file a legal appeal before the competent court

4. After the registration, apply for the residence permit at the Questura

🤝 Need Help?

If you are a foreign national in a stable relationship with an Italian citizen and don’t know how to obtain legal status, we can help.

Contact Beggin Law Firm, specialists in immigration law.
We will analyze your situation, assist you in drafting the cohabitation agreement, and, if necessary, take legal action to protect your rights.

📞 Call now or write to us using the contact form — you’re not alone, we can help you stay in Italy legally.