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 occurred he told police his real name. he of course never asked to be authorised to come back to Italy. Police headquarters denied the renewal of his permit. TAR in Piemonte rejected this man’s appeal and no appeal to Council of state can be done.
The man is here on basis of health care visa since his wife has recently delivered a baby. What can we do?
Answer – Immigration Act art. 19 provides for that expulsion cannot occur in case of pregnant women or in case of newly born children (up to six months old). A Constitutional Court sentence extended this right to the father in case he irregularly lives in Italy. The permit is a health care one and it should allow to labour.
What can this man do?
I am afraid that this man can only apply to Home Office and ask for a special authorisation. Home Office can issue such an authorisation, but this is highly discretional. Authorisation would allow to come back to Italy in spite of expulsion, which hinders the right to come to Italy for at least ten years. We believe this man should try this path because fathers are fundamental to children’s growth and this man’s children can live in Italy since they are here on basis of their mother’s indefinite leave to remain, which entitles the holders to all social benefits Italians have.
How to apply to special authorisations?
Generally speaking, special authorisations to stay should be sent when staying abroad.
The case we are studying is different, though, in fact this man is Italy on basis of health matters and he should therefore be allowed to apply through local police headquarters. He should prove to have a job.
In case of problem, this man should also try another path. He can appeal – on basis of Immigration Act art. 31 – to Minors’ Court in order to have a temporary special authorisation issued, appeal should explain that he needs to support his family.
We suggest this man to try both, while he waits for Home Office’s answer to come he could appeal to Minors’ Court and see what happens.