SPECIAL EDITION NEW LAW PROVISIONS ON THE PERMESSO DI SOGGIORNO FOR EU CITIZENS AND THEIR FAMILY MEMBERS WHO ARE EITHER EU OR NON-EU CITIZENS. NEW LAW PROVISIONS ON FOREIGN FAMILY MEMBERS OF ITALIAN CITIZENS. (N.B. These provisions will be published on the Gazzetta Ufficiale on March 27, 2007 and will become effective on April 11, 2007) 1. Citizens of the European Union The citizens of the 26 EU member states have the right to enter Italy and reside for up to three months without any formal requirement to meet. The possession of an IDENTITY CARD will qualify them to enter. The right to reside up to three months is however subordinated to the availability of financial resources as a guarantee that the foreigner nationals will not become a public charge for the Italian State, and will be granted up to the time they may may represent a threat to public order and security. The right to reside for over three months is instead recognized only if one of the following requirements is met: - if the EU citizen is a subordinate worker or self-employed; - if the EU citizen has a sufficient income and health care insurance for himself/herself and for his/her family members; - if the EU citizen is a student enrolled in a recognized public or private institution to take a course of study or of professional training, provided that the citizen has a sufficient income and health insurance. In these cases, all citizens of EU member states, starting on April 11, 2007 will NOT need to apply for the carta di soggiorno at the questura, since this document has been abolished. They must instead register at the anagrafe of the city hall, in the town where they intend to reside. As a result of the new law provisions, all city halls, and no longer the questura, are required to establish if a citizen of a EU member state has the right to reside in Italy. To obtain the registration at the anagrafe, the EU citizens must submit the required documentation to prove they are in possession of all the requirements we have indicated, inclusing the type of work they perform, sufficient financial resources, health insurance, etc. 1
It is important to remember that sufficient financial resources may be also proven through self-certification. Once the application accompanied by the required supporting documents is filed, the anagrafe will issue a receipt. Later, if the required procedure has been properly followed, the anagrafe will issue a certificate showing the right to reside. In case the anagrafe denies the application for registration because the applicant does not meet the requirements, the applicant may file an appeal with the local court.. If the requirements for the right to reside are not met, the prefect may issue an order of removal of the applicant from the national territory. After having resided continuously in Italy for five years, the citizens of EU member states acquire the right to a permanent residence. This right cannot be granted in case of absence from Italy for over six months per year, with the exception of certain specific certified cases, such as a baby delivery, serious illness, etc. The right of the EU citizens to reside permanently is certified by a document issued by the city hall having jurisdiction over their place of residence. Within the next few months, the status of permanent resident may be replaced by a note contained in the microchip of the electronic Identity Card. Attention: the right to reside permanently may be lost in case of absence from the Italian territory for over two consecutive years. Additionally, we wish to inform you of another piece of news contained in the decree law: EU citizens may be removed from Italy through an order issued by the Ministry of the Interior only in particularly serious cases, when the citizens involved become a threat to the public order, to the public security or to the security of the State. 2. EU and Non-EU citizens who are family members of citizens of EU member states The right to enter and reside in Italy is also granted to all EU and Non-EU family members. However, if they are citizens of Non-EU member states, they must have an entry visa in all cases where a visa is required. This visa can be obtained directly from the Italian embassy or consulate. We remind you that you must NOT go to the sportello unico dell'immigrazione that handles only family reunion requests filed by citizens of Non-EU member states. The family members eligible to enter and reside in Italy are: - the spouse; - the children under 21 years of age of a EU citizen or of his/her spouse. The same right is granted to their dependent children over 21 years of age. - dependent parents or grandparents of citizens of EU member states or of their spouse; 2
- if the Parliament approves the law on cohabitation, the right to enter and reside will be extended also to partners. In order to exercise this right, we must make a distinction between family members who are citizens of the European Union and those who are not. While family members who are EU citizens must follow the same procedure applicable to their relatives, who are actually the original holders of the right to reside, and that includes registration at the anagrafe, family members who are Non-EU citizens must obtain a carta di soggiorno from the questura. This is the procedure to follow to obtain the above benefits: First, we must clarify that for a residence of less than three months, the family members who are citizens of a Non-EU member state, accompanying or joining their relative who is instead a citizen of EU member state, must NOT request a permesso di soggiorno, nor report their presence to the questura. To reside, instead, for a period of more than three months, they can appear at the town hall having jurisdiction over their place of residence, accompanied by their relative who is a citizen of a EU member state, and register at the anagrafe office. Additionally, the must present to the questura the following documentation: - passport and, if required, the entry visa; - a document proving their relationship and, if required, status of dependent family member; - a certificate proving that an application for registration at the anagrafe has been filed by the family member who is a citizen of a EU member state; - four photos in Identità Card format. A marca da bollo is not required. The Ministry of the Interior will establish if these applications can be presented either at the poste or at the questura. We believe the family member should be able to choose, since the law establishes that no fee must be paid, with the exception of the cost of the forms and of all material used for the document, which is 27,50 euro for the electronic format of the document. Awaiting a new decree expected to be issued shortly by the Ministry of the Interior establishing the carta di soggiorno per familiare di cittadino dell Unione, the questura will issue, on a temporary basis, a carta di soggiorno valid for five years. This residence document may be revoked only if the requirements which allowed the issuance are no longer met, or in case the holder becomes a threat to the public order or to the public security. 3
As for citizens of EU member states, after five years of legal and continuous residence, also family members who are Non-EU citizens will be entitled to receive permanent residence, certified by a "Permanent carta di soggiorno for family members of European citizens " issued by the questura. An interruption of residence for a period of not more than two consecutive years for each time, will not affect the validity of the permanent carta di soggiorno. This carta cannot be revoked, with the exception of certain cases. Specifically, it may be revoked for serious reasons involving public order and security, or in case of death of the EU citizen, or in case of divorce. However, the Carta shall not be revoked if the family member has a an ongoing working activity or in other cases provided by the law. Let's now discuss the other rights provided by the law and granted to family members of citizens of EU member states once they have obtained the right to reside for five years or for an indefinite term. In addition to the fundamental right provingd that they cannot be deprived of their carta di soggiorno, except in the cases outlined above, it is important to clarify that family members may enter and leave Italy without any obligation to a visa. Additionally, they can work and apply for jobs in the public administration, with the exception of those job positions entailing public functions (for instance: magistracy, police forces, notary public, etc). 3. Non-EU citizens who are family members of Italian citizens All law provisions on family members of citizens of EU member states apply also to citizens of Non-EU member states who are family members of Italian citizens, except in certain specific, more favorable cases; We can summarize the following concepts: First point: the foreign nationals who have the right to reside with an Italian citizen are: - the spouse; - the spouse s children, under 21 years of age, or over that age if they are dependent children of an Italian citizen or of his/her spouse; - dependent parents or grandparents of Italian citizens or of their spouse, Second point: foreign nationals who are family members of an Italian citizen and who are abroad when they are required to have a visa, must apply for a visa directly at the 4
Italian consulate or embassy, without going through the sportello unico della prefettura; the visa is issued free of charge. Third point: family members have the right to the issuance of a Carta di soggiorno for a family member of a citizen of EU member state. The Carta is valid for five years; Fourth point: the foreign spouse of an Italian citizen is entitled to a Permanent carta di soggiorno for family members of citizens of EU member states; Fifth point: the carta di soggiorno can be obtained directly from the questura free of charge, with the only expenses that are necessary to issue the document; Sixth point: family members have the right to be engaged in any type of work, including employment in the public administration, except employment in jobs entailing the title of public officer; Seventh point: family members enjoy specific guarantees against removal and deportation. Last point: spouse and relatives of an Italian citizen, within the fourth grade (parents, grandparents, aunts, uncles, cousins) illegally residing with the Italian citizen cannot be removed, except in cases of public order or public security. They are entitled to a permesso di soggiorno for family reasons valid for two years. Traduzione di Simona Matteis. 5