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Residency cards – Does the law require a certificate of occupancy (certificato di idoneità all’alloggio)?
I am writing from Vicenza. I am a Romanian citizen and I have had a valid residency permit for eleven years. My husband and I have applied for residency cards for us and our son who was born in Italy six years ago. We found out that our applications have been suspended because our home does not conform with the regional requirements of Veneto. Our house is 44,5 square meters and the minimum area required to obtain a certificate of occupancy valid for three people is 46 square meters. We (...)   [ 2 October 2006 ]
Flows decree - Converting seasonal labour permits to subordinated labour permits
Question - Dearest editorial staff, I always look through your web-page. It is an incredibly important help to migrants. My question is: I wish to employ a seasonal worker. This citizen is in Italy on basis of seasonal labour, she lives in Trentino whereas I live in Emilia. She works in a restaurant. Can I apply to have her permit converted from seasonal to subordinated labour? She would be employed as a janitor. Is this possible? Just another brief question: can a citizen that comes to (...)   [ 2 February 2006 ]
Flows decree – Numbers are being drawn, can more than one application form correspond to one number?
Decreto flussi – Durante il sorteggio è ammissibile che a un numero estratto corrispondano più domande presentate?
Question - Good evening, I am writing because a relative of mine sent a flows decree application form in order to employ a non-EU citizen and have this person come to Italy from abroad. Past Monday we were invited to the extraction of numbers. The extraction had the aim of assigning last quotas available (how can it be that local labour department immediately finished the 150 quotas when our application was sent at 8.31 in the morning?). During the extraction (one employer, one number), (...)   [ 13 January 2006 ]
Indefinite leave to remain – Is housing suitability certificate necessary when children are introduced in permits?
Carta di soggiorno – Per l’inserimento dei figli si deve certificare l’idoneità dell’alloggio?
Question - Hello, a Senegalese citizen referred us of a procedure adopted by police headquarter, is the following lawful? 1. This citizen was issued an indefinite leave to remain and two minor children are already set within this permit. 2. He applied to have a separate leave issued to his daughter that is 15 years old. 3. Police asks for housing suitability certificate. This same person wants to have his newborn baby introduced into the permit, and police keep asking the quoted (...)   [ 13 January 2006 ]
Foreigner married to Italian citizen – Can he/she enter Italy without visa if previously ordered expulsion?
Coniuge di cittadino italiano, colpito da precedente espulsione, può entrare in Italia anche senza visto?
Question - Dearest editorial staff, I married an Albanian citizen that some years ago was ordered expulsion. She actually is in Albania. I managed to obtain – after one year – a Home Office decree that allows my wife to come back to Italy. Some weeks ago I went to Albania and I was sure I could take my wife back to Italy with me. The Italian embassy in Albania won’t issue her a visa because she cannot enter Schengen area since the expulsion was ordered in Greece some years ago. What can we (...)   [ 13 January 2006 ]
Naturalising Italian – Can citizen naturalise Italian if they live with an Italian citizen?
Question - I am Ethiopian and I have been regularly living and working in Italy for ten years. I was issued indefinite leave to remain six years ago. I live with the mother of my daughter, they are Italian. Can I apply to naturalisation? Answer - Cohabitation does not allow naturalisation. Factual cohabitation is not juridically recognised. We live in a catholic country, where formal marriage is particularly protected, the recent debate about cohabitation and about an eventual law decree (...)   [ 24 November 2005 ]
Seasonal labour – Can seasonal labour permits be converted into subordinated labour work permits?
Question - Dearest editorial staff, I am a Moroccan boy, I came in Italy in 2003 on basis of seasonal labour. When my permit expired it was not renewed and the person in charge of the procedure gave all documents to the lawyer only five months later. I was then employed and I regularly receive my pay-cheque. The denial to employment was not communicated in a language that I do understand. Can I still appeal against this refusal? Answer - Appeal can not be applied to after five months. It is (...)   [ 24 November 2005 ]
Flows decree – Watch out!
In the past days we received a mail of a foreign lady that asks us for explanations about flows decrees. The question concerned the problem of people trying to make money out of flows decrees. Question - Hello, I need your help. My son is in Moldova and I have been trying to have him come to Italy for years. He could neither obtain a tourism visa. I was recommended a lawyer and I explained him of the situation. The lawyer told me that the only way of having my son come to Italy is to find (...)   [ 24 November 2005 ]
No special permit to Pakistani earthquake victims
Question - Dearest editorial staff, it seems that Pakistani earthquake victims are to be issued special permits. I belive this is not true, but hope never dies... at least among my Pakistani friends that are irregulars. Can you confirm this piece of news? Thanks Question - As far as we know the government and Home Office have not issued such a provision yet. There might be the chance, though. Past December tsunami victims were allowed special permits. Home Office enacted a memorandum that (...)   [ 10 November 2005 ]
Rumania – What happens at borders when someone goes back home?
Question - Hello, I would like you to answer to a question that I believe many met when they thought of regularising Rumanian house keepers through past flows decree. I managed to regularise my house keeper: I must admit that she spent a night in front of the post office and this is how I could employ her. The problem now stands in the fact that the Rumanian government enforced a provision that implies the suspension of passport for 1 to 5 years in case of citizens that spent more than 90 (...)   [ 9 November 2005 ]
Family rejoining – “What does it mean that parents “allow expatriation?
Question - Dearest editorial staff, a Ukrainian lady referred to our front office, she regularly lives in Italy and she would like to have her son come to Italy since her income and her flat would allow family rejoining. Her son is minor and he lives in Ukraine. Parenthood certificates need to be legalised and validated, but the problem is: what does it mean that the other parent’s consent is mandatory? Is it a self-declaration? Does the father need to sign a form? The lady is legally (...)   [ 4 November 2005 ]
Can old expulsion orders compromise regular stays?
Question - Hello, a Moroccan man is married to a Moroccan woman that holds indefinite leave to remain. They have two children and they were born in Italy. He was regularised back in 2002 and his work permit allows to subordinated labour. He regularly works in Italy. When he applied to the permit’s renewal, police found out that back in 2000 he was ordered expulsion under false particulars. He back then did not leave Italy, but he was found out and forcedly repatriated. When repatriation (...)   [ 4 November 2005 ]
Marriage - Can refugees get married via proxy?
Question - I am a lawyer and a citizen coming from Kosovo came to me. He is a refugee and he would like to marry a citizen that comes from Kosovo, as well. She lives in Pristina and he would like to apply to family rejoining but he can’t since he is a refugee go back to Kosovo. Can we do anything? Can the girl have an entry visa issues and get married here in Italy? Can they get married via proxy? Answer - No, he cannot, being a refugee makes this person journey to Kosovo impossible, if he (...)   [ 26 October 2005 ]
Health care card issued to foreign students
Question - How do foreign students have their health care cards issued? They originally entered Italy on basis of family rejoining because they were minors, then they turned eighteen and their permits were converted into study visas. Do they need to apply to health cards as foreign university students do? Their families are still supporting them, can’t they apply to cards on basis of the fact that their parents are still taking care of their expenses? Answer - We are talking about non-EU (...)   [ 26 October 2005 ]
Study visa – Can it be converted in labour residence papers while staying in Italy?
Question - I come from Bulgaria and I have been living in Italy for some months. My study visa is to expire at the beginning of 2006. The master degree I am following implies a training stage and this should happen next November. I am aware that in case the firm is willing to employ me I can convert my visa before it expires. I also know that since I study in Italy I am not obliged to apply to an entry authorisation. I just would like to know whether this is valid also in case of master (...)   [ 12 October 2005 ]
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