We are referring of a very simple rule stated by consolidated act art.8 (D.P.R.n.394/1999).
This rule states: “Any foreign person regularly living in Italy aiming to reenter the territory after having left it can return only via showing the passport and residence papers at the borders”.
Everyone knows that coming back to Italy but also freely moving without asking for an entry visa is possible, migrants simply need to show documents at the borders.
For some reason the interested person could be stopped in his/her country of origin, this is way the same article paragraph 3 provides for that “Migrant citizens whose papers expired less than sixty days before need to show an entry visa, this must be released by the Italian consular rapresentatives in his/her country of origin via showing the expired document”.
This rule safeguards from eventual delays, and provides for the release of an entry visa. The rule is extremely clear and shouldn’t cause problems.
The case – We were referred of a problem somehow similar to the one the rule considers. A Moroccan citizen holding a family rejoining permit had arguments with her husband and wasn’t anymore in hold of her permit. The husband confiscated and then destroyed the permit in order to avoid her from returning in Italy. Her permit was still valid (it didn’t expire but we well know that she had anyway the chance of retrurning to Italy within 60 days its expiry date).
This lady went to the Italian consulate in Rabat – without residence papers – in order to have an entry visa explaining the situation and reporting of the distruction of the valid permit. The lady then asked the consulate to contact Venice police headquarters that could confirm that the papers exist.
This matter should have been extremely easy and simple. After having checked the validity of the permit she should have obtained an entry visa since the lady case is very similar to the one stated by consolidated act art. 8. Rabat Italian consulate asked Venice headquarters for confirmation but the headquarters – we don’t know why – gave a negative answer. We had to appeal to TAR in order to have the rejection cancelled.
The rule which is extremely clear wasn’t respected.