We’ve many said that according to consolidated act art.19 marrying an Italian citizen allows to regularly live in Italy.
We have been already reported of similar police attitudes towards migrants marrying Italians. Police haedquarters in Treviso deny to publish banners and this makes marriage impossible. What we were recently signalled of doesn’t correspond to any of Italian laws on marriage.
Civil code doesn’t require that migrant citizens hold residence papers in order to have banners published, in fact only the so called authorization to marriage is demanded (this is released by the country of origin qualified offices and it only shows that no impediments occur to marriage).
What about Treviso police headquarters memorandum?
All citizens up to actual marriage can be ordered expulsion, even a few minutes before the ceremony. Remember that forming a family is a fundamental human right and administrative irregularities cannot deny such a fundamental right. Civil state officers are on the other hand not obliged to report of the migrant willing to marry an Italian citizen legal situation. All Italian officers are obliged to report of situations of crime but irregularly living in Italy is not a crime, therefore reoprts are not compulsory.
Residence papers are not to be given in when applying for marrigae banners publishment.
Let’s go back to the case we are actually studying.
No officer can be obliged to report to police of the fact that someone is willing to marry an Italian citizen, since law doesn’t provide for this.
In case officers chose to reprot of these case it’s their own personal choice.
What should be done in order to avoid the risk of expulsion?
Officers should only do their job as it happens everywhere in Italy.
A way of avoiding expulsion could be requiring banners publishment via a notary proxy, this means that the interested person doesn’t go himself/herself to apply for marriage. someone else could go to civil state offices with all needed documents and a proxy.
Anyway the interested person must go to his/her marriage, therefore the risk of expulsion is not completely avoided as we well know from some articles published by local newspapers.
We have no way to avoid all this, we cannot oppose this will of denying rights.
We often suggest to the ones living in Treviso and willing to get married to change residence address in order to refer to more sensible local authorities.
Anyway marriage is ruled by law, some documents are needed but memorandum like Treviso’s one are unlawful and officers respecting it would act opposite to law. An appeal to court is therefore possible.
We sincerely hope that appeals to court won’t be always necessary to have rights respected.