Per la libertà di movimento, per i diritti di cittadinanza

Marriage – Is it a risk if one of the two does not hold residence papers?

Last year in Treviso two citizens were about to get married at local Council but someone informed police and the husband was ordered expulsion before the ceremony.
When marriage is celebrated with an Italian citizen, expulsion cannot possibly occur as provided for by Immigration consolidated act art. 19 and the right to stay (and work) is guaranteed. This Romenian girl could have her situation fixed via marriage in spite of the expulsion she was ordered. Marriage must be real and not simulated.

We cannot 100% guarantee that no one will refer police of her irregular situation bifore marriage occurs. Bu we must admit that (even though we have no official data) it is rather improbable that banners are referred to police. If the girl is scared to go to the Council’s offices she should have her boyfriend understand what orientation the office has.
Do not forget that irregular stay is not a crime, therefore public officers are not obliged to signal to authorities of clandestines’ stay.

Anyway when giving all needed documents that make marriage possible, officers do not see the whole juridical situation and they should not immediately feel obliged to report police of the situation.
The situation is worsening though, and cases like Treviso’s are more frequent and they risk to spread out. We used to be reassuring on marriage but today we feel that we need to be a little more cautious.