FD25P00160 - [2025] EWHC 1176 (Fam)

Expert evidence

Roberta Ceschini is a Family Law Partner at Ceschini & Restignoli, specializing in international matrimonial law and child abduction.

Ms. Ceschini advises that British nationals are allowed to stay for 90 days within a 180-day period without a visa. The mother could apply for a residence permit for a family reunion with R, either from outside Italy or immediately after entering.

The first report was based on the premise that the mother had been an overstayer in Italy, something which is a serious criminal offence, and which could have caused problems if she tried to enter Italy again without a visa. Therefore Ms. Ceschini advised that the best way forward would be to apply for a visa before leaving the UK by obtaining a Nulla Osta and visa and then for a residence permit within eight days of arriving in Italy. She said that no matter what the mother’s visa situation, she would not be forced to leave Italy if R is living with her. It costs approximately €200-300 for the permit, plus potential legal fees of around €2000.

The expert advises that the mother can work and access state benefits and medical care with a valid residence permit, and that they are available once she can prove that the application has been made. She will be eligible for the “Assegno Unico” allowance for R, and can rent an apartment with a residence permit.

The expert’s route of choice for the mother to apply for a visa would be via the Nulla Osta procedure in advance of travel, but it is clear from the report that the mother would not be prevented from entering Italy with R without a visa. The Nulla Osta procedure is said to take between three and six months.