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 certificate.
This man’s wife also holds stable papers and the two daughters are introduced in her permit as well.
Answer – Immigration Act says that in case of application to stable papers, when requisites are available, citizens can also apply to have stable papers issued to the relatives that he/she supports. The case we are facing is exactly this: foreigners have stable permits and they back then at the time of application they probably presented the housing suitability certificate.
The newly born child changed things. These people’s flat probably suits four – and not five – citizens. When this Senegalese citizen applied to have the new born introduced into his papers and when he applied to have a permit issued to his daughter he met the same problem: the need of a suitable house. He needs to prove that the flat is large enough. In case it is not, it may become a problem. For instance, they live in a public house, they risk to lose the house and stable papers as well.
In other words, the fifth child is in excess and they risk to lose residence papers.
What may happen?
If they drop their application to have their new child introduced into stable papers and to have papers issued to their older daughter, they might be able to keep their residence papers.
We unfortunately cannot properly answer, we can agree that this rule is unjust and it goes against common sense. Rules about familiar unity only refer to citizens that are willing to come to Italy, there is no rule that denies the chance of having children when living in Italy. This serious problem surely needs to be deepened. In case stable papers are revoked, this family should appeal to court against the provision.