Ravenna police headquarters always ask for the certification of housing facilities when releasing or renewing residence papers. This is not new to us, in fact law provides for this practice. But law does not provide for other instructions such as documents needed in order to prove domicile. Law only asks that any migrant citizen specifies his/her domicile, this instruction made it normal that all migrants have to prove by documents the existence of a domicile. It is welknown that people renting houses to migrants usually register the contract in one person’s name even if others do live in the same place. This creates another problem, in fact only one person can show a contract at his/her own name. In this situation any person cohabiting can ask for a declaration of hospitality which needs to come together with a copy of the lease and a copy of the lease owner Id.
The following concerns a request no other police headquarters have ever made. Ravenna police headquarters ask for either the estate bill of sale or the leasehold at the name of the person asking for residence papers. In case these requisites are missing in addition to the declaration of hospitality the estate owner assent is required.
Declaration of hospitality is not considered sufficient even if all documents are given in. In case a migrant citizen lives with friends or relatives (which is often the case), what Ravenna police headquarters are asking for obstacles renewals and produces some denials as well.
Immigration consolidated act doesn’t anywhere say that documents concerning accomodation are needed in case of residence papers renewal. Bossi-Fini law adds the need of working contract renewal in order to have residence papers renewed, the fact that a domicile is required doesn’t mean that a property act or a lease at the person’s name is necessary.
Ravenna police headquarters practice is not lawful, it doesn’t suit the law.
WHAT IS TO BE DONE? In case Ravenna police headquarters decide not to follow law instructions the only chance migrants have is to appeal to TAR (Tribunale Amministrativo Regionale) against the denial of residence papers renewal or their repeal.
There are most probably to be cases in which police headquarters appoint a new far in time hearing before writing the measure down. This new hearing aim is to have the person come with the required documents which he/she will never be able to produce. According to our experience estate owners won’t produce papers stating that they agree on that particular person hospitality, in fact they are not obliged to.
General rules concerning house-leases clearly state that when a person rents a house and regularly pays the rent, he/she can host anyone he/she wants. If no violations to the lease occur, we don’t see why police headquarters should interfere raising doubts on hospitality.
We suggest caution. Police headquarters can appoint a new hearing. Migrants citizens in order to avoid irregularity in documents, should ask for a written note (on headed paper) in which the new hearing is clearly stated. The note will show that renewal proceedings are taking place. It is very important to hold such a note, in fact after the renewal 60 days police could order expulsion because of clandestinity.
