Per la libertà di movimento, per i diritti di cittadinanza

When can family matters residence papers be released?

This is quite a common problem. Students reaching Italy holding a student visa subsequently decide to change studies. Student visas are released on basis of clearly authorized coarses . It is therefore impossible to change studies while being in Italy. We should consider verify another aspect that three exams were positively passed otherwise study visas cannot be renewed. It would be otherwise difficult to obtain permit renewal, the first reason is the fact that he didn’t pass the above said three exams and then because he changed studies. Saying these things is not pleasant but we need to explain the issue and what law allos to.

We do not know whether this man is married or not, we therefore do not know if this person will answer to all requisites to obtain family rejoining once the baby is born. We only know that the child’s mother is regularly working and living in Italy, but if the two are not married family rejoining requisites are missing. In case the two soon get married, they could make use of a specific instruction stated in Immigration Testo Unico art. 30 paragraph 1 letter c: “In case of a family member is regularly living in Italy, or is Italian or a EU citizen, family rejoining is allowed”.

The case we are actually talking about corncerns a migrant citizen regularly living in Italy (the study visa is still valid even if it is about to expire), this person could ask to change the renewal application form he has already turned in. Via showing that a family member lives here in Italy and has an income and accomodation, he could have his study visa turned into a family rejoining permit. Knowing the mother working situation would be useful, because all requisites need to be fulfilled in case of family rejoining. This seems to be the only chance this man holds before becoming fully irregular and seeing his visa renewal denied and being expelled.