Question – Ivan, a former Yugoslavia citizen, has been living in Italy since 1989. He came to Italy on basis of law 390 that allowed refugees from Yugoslavia to stay in Italy on basis of humanitarian protection. He then turned his papers into subordinated labour residence permit. Ivan applied to papers renewal in 2003 since his papers expired in January 2004 but he was denied renewal.
He has always regularly lived in Italy. Ivan has not been working since summer 2003 because he had his back operated. He lives with his family, he has five children and four of them are underage. He is not married, but he lives with the mother of his children. Ivan is still married with a German woman but he cannot find her, therefore getting divorced is extremely difficult. The mother of Ivan’s five children does work, she works 32 hours a week and she can afford the sustainment of the family.
They appealed against police headquarters denial to renew papers but appeal was as well rejected because unemployment because of health matter was not recognised by court. Ivan was therefore ordered to live Italy within 15 days. He was ordered expulsion.
Ivan is at the moment unemployed, he lives in a public lodging and his cohabinant wage is enough to support the whole family.
What can we do to have Ivan regularised again?
Answer – This citizen has been living in Italy since 1989 and he could have applied to stable residence papers long ago. If he had this permit he today would not find himself in this situation. We should also remind everyone of a rule that was internationally established and that Italy signed as well, we are talking about the ILO Convention n.97/1949 on migrant workers.
The first ILO convention on migrant workers provides for that the loss of employment because of health matters or accident cannot lead to the loss or to the rejection of residence papers renewal. In fact in these cases unemployment is not a consequence of interested citizens’ will or bad luck. The citizen we are talking about could ask for the assessment of his disability, which came bacause of labour. In fact this man is affected by vertebral hernia, which can be a cause of his job and of the lack of respect of safety rules.
Therefore he could obtain from Inail a sort of pension that would be a lawful income allowing to papers renewal.
He should have already applied to such assessment, which usually has a retroactive effect if results are positive.
This evaluation could state that vertebral hernia was not caused by labour but by other matters. Anyway a suspension of police headquarters decision can be asked because Ivan could also be considered a civil disable citizen and he could have social benefits issued.
in case this man is evaluated as still convalescent, therefore papers cannot be rejected.
We should not forget that this man’s family lives in Italy, four of his children are underage. His expulsion would break family ties, in fact children are allowed to stay in Italy on basis of their mother’s support. Family ties are safeguarded by Strasbourg Convention on human rights.
On the other hand the same Minors’ court in Italy can authorise the issuing of exceptional residence papers. Law art. 31 allows this in order to safeguard the growth of children.
These are the chances Ivan has to obtain the release of residence papers.