We are facing the case of two citizens taht hold regular residence papers. In this case Immigration consolidated act (art. 30 paragraph 1 letter c) says that family rejoining residence papers can be issued “to foreign relatives, that are regulalry satying in Italy and that are married to foreigners that are regularly living in Italy”.
In this case the person’s papers are turned into family matters residence papers.
Conversion can be asked within a year from the day original papers expire.
In case one of the two is a refugee posession of papers is not mandatory anymore.
This man has not been recognised refugee status so far and we do not know whether he will be or not, but he at themoment holds regular papers and the same is his future wife situation.
The article we quoted above provides for that applying to family matters residence papers means that from the moment papers are issued on he will be allowed to work as well. This happens because the Nigerian lady holds regular papers that are renewable.
This lady can get married with a regular migrant citizen and she can apply to family rejoining papers. In case police headquarters rejected application form, they could appeal to civil court according to Immigration consolidated act art. 30 paragraph 6. Jurisprudence in such cases is rather quick and it also is quite open to family coesion matters, especially if couples have children.
In case this does not work, there’s another chance: according to art.31 there’s a special authorisation issued by Minors’ court that could evaluate the opportunity of authorising the father’s regular stay in Italy in order to have the child grow in a normal better way, the father’s stay can be also authorised from an economical point of view as well.
We suggest these citizens to try to apply to family matters papers right after marriage. Do not forget that marriagge needs specific documents and Sierra Leone’s citizen may have problems in obtaining birth certificate and authorisation to marriage from his country of origin.
Other problems may occur since this man is still not officially a refugee and therefore he cannot take advantage of Geneva Convention on refugee status (1951).
He should explain to civil state officers, if they deny banner’s pubblication, his situation and in case of denial he should appeal to court. If this person can prove that he canot anyhow get hold of such documents, court will allow marriage.