Art. 30 paragraph 1 bis, provided for by Bossi Fini law, states that marriage residence permit can be revoked in case the two do not effectevely live together unless they have children. The quoted case the lady has just stopped living with her husband. She used to hold residence papers not only residence permit because of her marriage to an Italian citizen. The papers are usually immediately released, sixth year of residence doesn’t need to be waited.
The person writing us wonders whether revoking permit is legal or not. She left their common home because of problems occuring with his children and they both agreed on that. They do not live together but they are happily married. Paragraph 1 bis clearly punishes false marriages.
On the other hand paragraph 5 of the same art. 30 states that when marriage comes to an end residence permit can be turned into subordinated work, stdy or self-employed residence paper. If the lady of whom we are talking about is actually working we should believe that her permit could anyway be turned into working papers. She has anyway the right to stay in Italy.