Per la libertà di movimento, per i diritti di cittadinanza

Labour – The case of a new-EU citizen

This case should be rather easily solved: a new-EU citizen is not interested in moving to Italy, she has been living in Italy for a long time.
The government has recently published the first flows decree that allows new-EU citizens’ entry and at the same time a clarification on new-EU citizens – that already live in Italy – juridical status.
Past April 28th 2004 a memoradum issued by the Council of ministries underlined that from May 1st on new-EU citizens will automatically be guaranteed all communitarian right dispositions except articles from 1 to 6 of law 1612/1968. The memorandum also states that “new-EU citizens that are already living in Italy and that hold papers whose length is longer than three months can apply to stable residence papers from May 1st 2004 on”.
They only need to respect all requisites provided for by Immigration consolidated act on communitarian citizens freedom of movement (DPR 54/2002). This rule states that EU citizens have the right to stable residence papers if they prove that they hold sufficient income.
The Hungarian citizens that wrote to us seems to be able to prove such requisite. She could, before living Italy, apply to stable residence papers and she should show that she will need to leave Italy in January. She should also ask that her proceedings are quickly evaluated in order not to risk to have problems in her return to Italy.
This person is a new-EU citizen, she therefore could benefit from the fact that she does not need entry visa. This means that when she will need to come back from Hungary nobody will ask her to show a visa at Schengen’s borders, she will be able to quite freely move.
What we anyway suggest is to have stable residence papers issued before leaving Italy, just to be more relaxed.
If proceedings are still ongoing when she leaves we believe that there won’t be problems in her departure and there won’t be problems in the release of papers since this lady is free to leave and return to Italy without the need of an entry visa.