For nearly a year, digital nomads around the world have faced a pressing concern: Italy’s highly anticipated Digital Nomad Visa (DNV), once celebrated as a breakthrough, offered no clear path for family members seeking residency.
Since December 2024, when legge n. 187/2024 converted D.L. 145/2024 and introduced restrictive changes to art. 28 of the Testo Unico sull’Immigrazione (D.lgs. 286/1998), online debates and conflicting legal interpretations fueled a common belief: family members of digital nomads would face a two-year mandatory waiting period before joining their spouse or parent in Italy.
Today, that narrative is decisively overturned marking a decisive break with the past.
MoveWise has officially confirmed, based on real case applications, that the new regulatory provision does not apply to digital nomads and their families. Family members of DNV holders are indeed entitled to obtain their residency permits immediately through the family cohesion process (procedura del KIT postale) without having to wait two years.
This confirmation is not just a legal nuance: it represents a landmark victory for digital nomads worldwide seeking to relocate to Italy with their families.
Persistence Pays Off
From the very beginning, MoveWise stood firm in its conviction: the new December 2024 regulations were never meant to undermine the rights of highly qualified foreign workers or digital nomads, whose status is both legally and practically comparable.
While many speculated that family unity under Italy’s Digital Nomad Visa (DNV) framework was at risk, MoveWise continued preparing applications for families willing to move forward, even with fallback options uncertain.
Now, the results speak for themselves: spouses and dependents of DNV holders have successfully obtained residency permits by entering Italy on a tourist visa, submitting the family cohesion KIT, and completing the standard immigration procedures.
Legal Background: Chronology of the Digital Nomad Visa in Italy
- January - March 2022
Decreto-Legge n. 4/2022 (c.d. Sostegni-ter), converted into law, amended the Dlgs. 286/1998, art. 27, introducing for the first time a derogation from the immigration quota system. Digital nomads (autonomous) and remote workers (subordinate) no longer required a ‘nulla osta’ to enter Italy, provided they were highly qualified.
- February 29th 2024
The Ministries of Interior, Foreign Affairs, Tourism, and Labor signed the ‘decreto attuativo’ which defined operational requirements for accessing the visa and residence permit as digital nomad or a remote worker.
- April 4th 2024
The above mentioned decree was published in Gazzetta Ufficiale (n. 79) entering into force on April 5th that year.
- December 2024
Legge n. 187/2024, converted D.L. 145/2024 and introduced art. 28, comma 1-bis:
IT: “Gli stranieri di cui al comma 1 - ad eccezione dei titolari di permesso di soggiorno conseguente al riconoscimento della protezione internazionale - devono aver maturato, al momento della richiesta di ricongiungimento per i familiari di cui all’articolo 29, comma 1, lettere a), c) e d), un periodo ininterrotto di soggiorno legale di almeno due anni nel territorio nazionale.”
ENG: ‘Foreigners referred to in paragraph 1 - except for holders of a residence permit granted as a result of recognition of international protection - must have completed, at the time of the family reunification request for the family members specified in Article 29, paragraph 1, letters a), c),
and d), an uninterrupted period of legal residence of at least two years within the national territory’
This provision created a widespread concern: DNV holders, as ordinary foreign workers, would be required to reside two years in Italy before applying for family reunification.
The Full MoveWise Legal Analysis
Our decision to proceed was grounded not in hope, but in a thorough and rigorous legal analysis. This careful reasoning gave us the confidence to act decisively when others remained hesitant.
Arguments:
- Art. 28 TUI (D.lgs. 286/1998) recognizes the right to family unity:
IT: “Il diritto a mantenere o a riacquistare l’unità familiare nei confronti dei familiari stranieri è riconosciuto, alle condizioni previste dal presente testo unico, agli stranieri titolari di carta di soggiorno o di permesso di soggiorno di durata non inferiore a un anno rilasciato per motivi di lavoro subordinato o autonomo, in conseguenza del riconoscimento della protezione internazionale, per studio, motivi religiosi o familiari.”
ENG: ‘The right to maintain or regain family unity with foreign family members is recognized, under the conditions set forth in this consolidated text, for foreigners holding a residence card or a residence permit valid for no less than one year, issued for reasons of subordinate or autonomous work, as a result of the recognition of international protection, for study, religious reasons, or family matters.’
- Original formulation: foreign workers holding at least a one-year permit for subordinate or autonomous work could request immediate family reunification/cohesion (with spouse and other relatives under art. 29 TUI), provided they met minimum income and suitable housing requirements.
- December 2024 modification: by adding comma 1-bis, the law required two uninterrupted years of legal residence before applying for family reunification/cohesion.
- Exemptions: this new condition does not apply to holders of international protection and, by interpretative practice, not to lavoratori altamente qualificati ex art. 27 and 27-quater TUI (e.g. EU Blue Card).
- The loophole: Digital Nomads were not explicitly included since they are neither standard workers under Decreto Flussi nor fully assimilated to highly qualified workers under art. 27 and 27-quater TUI (e.g. EU Blue Card).
Our conclusion: in the absence of a specific rule, it is legally sound to extend the exemption for highly qualified workers to digital nomads, given the strong analogy between categories. This interpretative path justified our decision to proceed confidently with applications involving family members.
The Procedure in Practice
The successful outcome was achieved by using the family cohesion process (‘procedura di coesione familiare’), a legal pathway that enables family members already in Italy - often on a tourist visa or within their Schengen stay - to transition directly to residency through the KIT postale procedure.
This route avoids the delays and uncertainties of traditional family reunification from abroad, making it particularly effective for digital nomads relocating together with their families.
The process step by step:
A. Main Applicant (Digital Nomad)
✅Retrieval and completion of the KIT postale for residence permit as a digital nomad
✅Submission of KIT through the post office
✅Scheduling and attending the fingerprinting appointment at the Immigration Office
✅Issuance and collection of the residence permit (PSE)
B. Family Member (Spouse)
✅Retrieval and completion of the KIT postale for residence permit for family reasons
✅Submission of KIT with supporting documents (apostilled marriage certificate and proof of the main applicant’s financial means)
✅Attend the appointment for fingerprinting at the designated Immigration Office
✅Provide additional documentation: proof of an additional €7,000/year in resources for dependent support and a ‘Certificato di idoneità abitativa’ confirming suitable housing in Italy for the family.
✅Issuance and collection of the residence permit (PSE)
Implications for Digital Nomads
This precedent sets a historic milestone. For nearly 10 months, many families feared that Italy’s Digital Nomad Visa (DNV) was effectively a “solo visa,” preventing digital nomads from bringing their loved ones with them. Thanks to MoveWise’s persistent legal efforts, expertise and conviction to make this happen, the Italian Digital Nomad Visa now allows entire families to relocate and thrive in Italy, fulfilling its true potential.
While implementation may vary across immigration offices in different provinces, the key principle is firmly established: when correctly interpreted, the law grants family members the right to residency without unnecessary waiting periods.
Please note that in Italy this matter could also be based on local decisions. The fact that family members have been accepted is a very positive development and will likely be confirmed more consistently as more immigration offices (Questure) adopt the same process.
Contact Us and start your italian Journey
This is a game-changing development and significative news for digital nomads considering Italy. If you’re dreaming of living in Italy with your family, the door is open today! MoveWise has cleared the path and set the precedent for you.
Don’t wait. Don’t settle for uncertainty. Start your application now, bring your family, and make Italy your home.
Use the following link to book a free call consultation HERE.
Buona fortuna!
