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RESIDENCE PERMIT
(in collaboration with the editorial
office of "Permesso di soggiorno")
This space gives useful information for those who wish to have the latest information
on questions linked to immigration, by means of the most frequently asked questions
posed by Italians and foreigners. The answers are given by Nerica Eminovic'.
"Permesso di soggiorno" (Residence Permit) is a radio programme
on Radio 1, dedicated to migration, broadcast from Monday to Saturday
at 5.50 a.m. It is conducted by Paolo Giovannelli, and is addressed to
immigrants, refugees, and all those who meet foreigners for work, study,
tourism, or sentimental reasons.
Internet site: http://www.radio.rai.it/radio1/permessodisoggiorno/
Email: permessodisoggiorno@rai.it
FAMILY
I am a Romanian citizen, and have been in
Italy since last year for reasons of work. My wife came
to visit me in Italy and became pregnant. Is it possible,
apart from application for a residence permit on health
grounds, to immediately initiate procedures for family
reunification in Italy?
I am an Albanian citizen and have already
been living and working in Italy for 7 years. I would
like my 15 year-old nephew to come to Italy through the
family reunification procedure. What does Italian law
prescribe on this matter?
I am a Brazilian citizen. Ten days ago I
married a non-European citizen with a tourist permit.
What must I do now in order for my husband to remain
legally in Italy, on expiry of his tourist permit?
I and my fiancé, who is in Italy
without a residence permit, would like to know whether
by marrying at the Cameroon embassy (his country of origin)
in Rome, we could legalise his position.
I am a Bosnian citizen, but I have already
had legal residence in Italy for five years. My parents,
who live in Bosnia, would like to come to Italy for a
short period. Must they apply for a permit?
I am a girl from Brescia. Three days ago
I married a boy from the Ivory Coast who is in Italy
with a tourist permit. What must he do to remain legally
in Italy, when it expires?
I am a Romanian citizen and I was summoned
to the Prefecture with my employer, where I signed an
employment contract and I obtained a residence permit.
I have my 10 year-old daughter with me here in Italy.
Can I obtain a residence permit for her, too?
CITIZENSHIP
I have had Italian citizenship for three
months. Now I would like my parents, Albanian citizens,
to join me in Italy. What procedures must be fulfilled
for their visit?
I am an Argentinian citizen of Italian origin.
I am already here in Italy and I would like to initiate
the procedure to obtain Italian citizenship. Can you
advise me where to start?
I was born in Italy and have lived in the
United States for over 30 years, where I took citizenship.
Now I have retired and, since I can afford it with my
savings, I would like to return to live in Italy What
can I do?
TOURISM
My sister arrived by coach from Romania
as a tourist. When she arrived she came to stay with
me and intends to return to Romania at the end of March.
A few days ago I learnt that (also) as a tourist she
should have gone to the Immigration Office at the Police
Headquarters to declare her presence. My questions are:
if she returns to Romania, will she run any risks when
she goes through customs? What if she goes to the Immigration
Office now? Is it too late? What risks does she run?
I would like to have exact information on
the possibility of inviting to Italy for reasons of tourism
a Moroccan citizen, who at present lives in Morocco (and
where he owns a business). What procedures must be followed?
I am a Russian girl who arrived in Italy
four days ago for tourism. What must I do to comply with
the law?
Can a non-European citizen who comes to
Italy with a tourist permit change it into a residence
permit for work?
WORK
My girlfriend is Lithuanian and as of 1st
June last her country entered the European Community.
Now we are living together in Milan. I went to the Police
Headquarters, where I declared that she was living at
my home. She came into Italy legally, just with her identity
card. The problem is that I cannot register her in the "employment
lists", in order to find her a job and for her to
remain here, therefore, for more than three months. At
the employment exchange I was told that Lithuania is
still considered a non-European country as regards the
sphere of work, and that therefore, since the ceiling
of 20,000 non-Europeans entering the country has already
been exceeded, she will not be able to obtain this permit.
I would like to know what I can do to enable her to remain
in Italy longer, and when new lists for the entry of
more non-European citizens will be created.
I would like to know how I can transform
a residence permit for reasons of work into a permit
for study. My situation is this: I have a residence permit
for reasons of work. When I applied to Naples University
for recognition of my academic qualifications (I am a
doctor), I was accepted for the VI year including the
execution of the practical training period. This means
that I no longer have time to work. If I cannot work,
I no longer have the right to a residence permit for
reasons of work. Could you give me an answer to my problem?
My mother recently had a stroke and is no
longer able to take care of herself, so we had to hurriedly
find a carer....and we found an 'angel' - who arrived
in Italy on the 15th April last, but with a 'red' (?)
passport - without a visa, that is. She has now been
living with my mother since May and she and all of us
are very fond of each other and we absolutely do not
want to lose her. What can we do to legalise her position?
I am a young foreigner without a residence
permit. I have been living in Italy for 4 years. Two
years ago, I lost the chance of getting a residence permit.
And now, although I have a good job and my employer wants
to legalise my position, I don't know where to start
in order to get a permit. I have heard people speak of
amendments or additions to the laws, is it true?
FAMILY
I am a Romanian citizen, and have
been in Italy since last year for reasons of work. My wife
came to visit me in Italy and became pregnant. Is it possible,
apart from application for a residence permit on health
grounds, to immediately initiate the procedures for family
reunification in Italy??
Dear Sir, a residence permit for health reasons is
foreseen as an exceptional measure, and is applicable to people
without a residence permit (who should normally be deported)
in the case of pregnancy or for a child who has not yet reached
the age of six months. It is issued at the start of the pregnancy
and expires, with no possibility of transformation, at the
end of the child's sixth month of life. After which the possibility
of the State ordering deportment with accompaniment to the
border is re-established. During the validity of this residence
permit, your wife and child can take advantage of health and
paediatric care. The procedure for family reunification cannot
be carried out directly in Italy. You must prepare all the
documents for reunification with your wife, starting the procedure,
at the competent police headquarters, for the issue of the
approval certificate, so that your wife and child can go to
the Italian consulate in your country of origin to apply for
an entry permit for reasons of family unity.
Return to the question
I am an Albanian citizen and have
already been living and working in Italy for 7 years. I
would like my 15 year-old nephew to come to Italy through
the family reunification procedure. What does Italian law
prescribe on this matter?
Dear Sir, according to the laws in force, family reunification
is not applicable in the case of an underage nephew, since,
pursuant to Italian law, the relative coming to Italy must
be a dependent of the said applicant and also unable to work.
Possible reunification can be requested only if the minor is
considered as a son or daughter. For the purposes of reunification,
offspring of less than 18 years of age are considered as minors.
Adopted or foster children or those under the legal guardianship
of the applicant are considered as sons or daughters.
Return to the question
I am a Brazilian citizen. Ten days
ago I married a non-European citizen with a tourist permit.
What must I do now in order for my husband to remain legally
in Italy, on expiry of his tourist permit?
Dear Madam, foreign citizens who hold a regular tourist
permit who have married on the territory of the Italian State
with non-European citizens who are living legally in Italy
are given a residence permit for family reasons. A residence
permit for family reasons gives access to social services,
enrolment on study or professional training courses, enrolment
in the employment lists, work as an employee or as a self-employed
person (always providing that the minimum age requisites for
working are fulfilled), as well as the possibility of applying
for family reunification for family members living abroad.
Return to the question
I and my fiancé, who is
in Italy without a residence permit, would like to know
whether by marrying at the Cameroon embassy (his country
of origin) in Rome, we could legalise his position.
Dear Sir and Madam, getting married at the Cameroon
embassy is the same as getting married abroad. After the marriage,
the marriage certificate must be translated into the Italian
language and endorsed by the Italian embassy in Cameroon (the
law prescribes this), or taken to the prefecture of competence
in order to obtain recognition of the certificate itself. Then,
with this certificate, you must go to the competent Police
Headquarters to apply for the issue of a residence permit for
family reasons.
Return to the question
I am a Bosnian citizen, but I have
already had legal residence in Italy for five years. My
parents, who live in Bosnia, would like to come to Italy
for a short period. Must they apply for a permit?
Dear Madam, your parents must apply to the Italian
Embassy in Bosnia for an entry visa for tourism, and to obtain
this they must demonstrate that they have the economic resources
foreseen for the period of their stay in Italy. Alternatively,
if they do not have such a sum, you can guarantee the availability
of the same by means of a bank guarantee, which they must exhibit
when they apply to the Italian Embassy for the visa.
Return to the question
I am a girl from Brescia. Three
days ago I married a boy from the Ivory Coast who is in
Italy with a tourist permit. What must I do now in order
for my husband to remain legally in Italy, on expiry of
his tourist permit?
Dear Madam, foreign citizens who hold a regular tourist
permit and who have married on the territory of the Italian
State with Italian citizens are issued a residence permit for
family reasons (legislative decree of the 25th July 1998 No.286,
art.30, today Law 189/2002 - the so-called Bossi-Fini law).
A residence permit for family reasons gives access to social
services, enrolment on study or professional training courses,
enrolment in the employment lists, work as an employee or as
a self-employed person. Furthermore, according to the present
laws in force (art.5 Law 5.2.1992, No.91), the foreign spouse
of an Italian citizen can request Italian citizenship six months
after the date of the marriage and after another six months
of legal residence in Italy, by presenting the relative application
to the Prefecture of the territory of the Municipality of residence.
Return to the question
I am a Romanian citizen and I was
summoned to the Prefecture with my employer, where I signed
an employment contract and I obtained a residence permit.
I have my 10 year-old daughter with me here in Italy. Can
I obtain a residence permit for her, too?
Dear Madam, the Ministry of the Interior, in the Note
of the 16th March 2003, dealt with the problems linked to the
regularisation of the position of minors, children of foreigners,
who have been issued permits for work as employees, thus completing
the procedure of the emergence and legalisation of irregular
work. Particular attention was paid to the requisites to be
ascertained, especially that concerning the necessary income,
in the hypothesis of a parent who has just been issued a work
permit applying for the inscription of a child under the age
of fourteen years on his/her permit, or the issue of authorization
for family reasons. The right to family reunification is recognised,
among other cases, to holders of a permit for work as an employee,
regardless of when the working activity began, and it therefore
follows that the availability of the income must not necessarily
be shown by the exhibition of the 101 form or of the Unified
Tax return form, which obviously refers to already consolidated
incomes. For that matter, art. 6 of Pres. Decree 394/99, regarding
the documentation to be shown, relative to such certification,
mentions only in a generic manner documentation proving the
availability of the income as referred to in art. 29, clause
3, letter B of the Consolidation Act. Given this, in the case
of the procedure for the legalising emergence of illegal work
with the issue of the relative residence permit, the foreigner
can request the inscription of a child of less than fourteen
years of age on his/her own permit, or the issue of a permit
for the child of less than fourteen years of age for family
reasons; the income requisite can be considered as demonstrated
by what is specified in the contract signed by the parties
on the occasion of the convocation to the UTG (Territorial
Governmental Office) Prefecture, or by the pay slip, which
must however be such as to allow for envisaging a sufficient
income.
Return to the question
CITIZENSHIP
I have had Italian citizenship
for three months. Now I would like my parents, Albanian
citizens, to join me in Italy. What procedures must be
fulfilled for their visit?
Dear Sir, pursuant to Pres. Decree 18/01/02 No.54,
and also according to the extract of the Interdepartmental
Decree of the 12th July 2000, your parents must apply to the
Italian Consulate in Albania for a "family member's visa" (a
national visa). The family member's visa allows entry, for
the purposes of a long-term stay, with or without a fixed duration,
for a foreigner who intends to come into Italy together with
a family member who has Italian citizenship - or citizenship
of a Country of the European Union, or of a country adhering
to the Agreement on the European Economic Area - or together
with a family member who is a foreigner other than those mentioned
above, according to the provisions of art. 29, clause 4 of
the Consolidation Act 286/98, today replaced by the 189/2002
Fini-Bossi Law.
Return to the question
I am an Argentine citizen of Italian
origin. I am already here in Italy and I would like to
initiate the procedure to obtain Italian citizenship. Can
you advise me where to start?
Dear Sir, the Ministry of Internal Affairs has issued
a circular (23.12.2002 No. 28) for foreign citizens of Italian
origin, in which instructions are given to the Municipalities
to receive the declarations of Italian citizenship by descent,
and regarding the type and duration of their Italian residence
permit. This provision is important for those who have no residence
permit for reasons and for a duration other than that for tourism,
and who have been refused registration as residents and access
to recognition of citizenship on the part of many town councils.
In these cases, it was impossible to obtain a residence permit
on the grounds of pending citizenship (a long-term permit that
authorises the person concerned to work, art. 11 of Pres. Decree
394/99). Therefore, those who were unable to obtain a permit
of another kind had to leave Italy, or to remain illegally.
The ministerial provision intends to uniform Town Council practices
and to smooth the path for the issue of permits on the grounds
of pending citizenship. The Council therefore: 1. will register
the person as a resident, 2. will receive the declaration and
documents to initiate the citizenship recognition procedure,
3. will issue a certification proving the initiation of the
procedure for the purpose of the issue of the residence permit
(which must be requested from the Police Headquarters). The
residence permit authorises the person concerned to work, gives
access to the national health services and is renewable until
completion of the citizenship recognition procedure.
Return to the question
I was born in Italy and have lived
in the United States for over 30 years, where I took citizenship.
Now I have retired and, since I can afford it with my savings,
I would like to return to live in Italy What can I do?
Dear Madam, since you became a citizen of the United
States, you are to all effects and purposes a non-European
citizen. In order to live permanently in Italy, you must first
of all apply to the competent Italian Embassy or Consulate
in the United States for an entry visa. Once you have arrived
in Italy, with your entry visa, you must apply to the Police
Headquarters of the locality where you intend to settle, for
a residence permit. The residence permit will be valid for
two years.
Return to the question
TOURISM
My sister arrived by coach from
Romania as a tourist. When she arrived she came to stay
with me and intends to return to Romania at the end of
March. A few days ago I learnt that (also) as a tourist
she should have gone to the Immigration Office at the Police
Headquarters to declare her presence. My questions are:
if she returns to Romania, will she run any risks when
she goes through customs? What if she goes to the Immigration
Office now? Is it too late? What risks does she run?
Dear Madam, the law prescribes that all non-European
persons (including those who have come for tourism) must go
to the Immigration Office of the competent Police Headquarters
within 8 days of their arrival in Italy. However, if she explains
that she was previously unaware of where to go and that, as
soon as she found out she immediately went to the Police Headquarters,
she should not run any particular risks.
Return to the question
I would like to have exact information
on the possibility of inviting to Italy for reasons of
tourism a Moroccan citizen, who at present lives in Morocco
(and where he owns a business). What procedures must be
followed?
Dear Sir, a tourist visa allows the foreign citizen
who intends to travel for reasons of tourism, to enter Italy
and the other Countries of the Schengen area for a short period.
The foreign citizen must go the Italian consulate in the foreign
state with the following documents: - evidence of the financial
means for his/her own maintenance, which must not be less than
the amount laid down by the Ministry of the Interior in the
Directive referred to in art. 4, clause 3 of the Consolidation
Act 286/1998; today replaced by the 189/2002 Bossi-Fini Law;
- his/her return ticket (or booking) or evidence of the availability
of independent means of travel; - the availability of accommodation
(hotel booking, declaration of hospitality, etc.). In the case
of an invitation on the part of an Italian citizen or foreign
citizen with legal residence, an "invitation declaration" must
be exhibited, in which the undersigned person declares his/her
willingness to offer hospitality in Italy to the person requesting
the visa. If this latter does not have the means of maintenance,
the receipt of a bank guarantee must be also be presented,
indicating a deposit, in a bank operating in Italy, on the
part of the host in favour of the foreign citizen applying
for the visa.
Return to the question
I am a Russian girl who arrived
in Italy four days ago for tourism. What must I do to comply
with the law?
Dear Madam, a non-European citizen who has entered
Italy with a tourist visa must go to the Police Headquarters
within the first 8 days of his/her stay in Italy with the following
documentation: 4 document-type photographs; 1 duty stamp for
10.33 euros; his/her passport (the original document, not a
copy) with the entry visa (for the States for which this is
foreseen) and a photocopy of the pages relative to the person's
identity and of that on which the relative visa has been applied;
the declaration of hospitality or of the availability of accommodation
with attached thereto the photocopy of a valid identity document
of the host. If this latter is a foreign citizen, however,
a declaration of hospitality and a photocopy of his/her residence
permit will be necessary.
Return to the question
Can a non-European citizen who
comes to Italy with a tourist permit change it into a residence
permit for work?
Dear Sir, according the Bossi-Fini law at present
in force, a tourist permit cannot be converted into a residence
permit for work.
Return to the question
WORK
My girlfriend is Lithuanian and
as of 1st June last her country entered the European Community.
Now we are living together in Milan. I went to the Police
Headquarters, where I declared that she was living at my
home. She came into Italy legally, just with her identity
card. The problem is that I cannot register her in the "employment
lists", in order to find her a job and for her to
remain here, therefore, for more than three months. At
the employment exchange I was told that Lithuania is still
considered a non-European country as regards the sphere
of work, and that therefore, since the ceiling of 20,000
non-Europeans entering the country has already been exceeded,
she will not be able to obtain this permit. I would like
to know what I can do to enable her to remain in Italy
longer, and when new lists for the entry of more non-European
citizens will be created.
Lithuanian citizens, like all new European citizens, can now enter Italy freely,
with a simple identity document, regardless of the duration or the reason for
their stay. However, with regard to employment, there remains the problem of
the suspension that Italy has chosen, forcing them to remain as non-Europeans
for another two years. In fact, the Italian government has decided that, in
order to work, the citizens of the countries that have newly entered the Union
must follow the procedures of non-European immigrants for another two years.
The only difference between them and the citizens of countries that do not
belong to the European Union will be that work permits for citizens of the
new Community member states will no longer need the endorsement of the Police
Headquarters. The next issue of immigration permits is foreseen for January
2005.
Return to the question
I would like to know how I can
transform a residence permit for reasons of work into a
permit for study. My situation is this: I have a residence
permit for reasons of work. When I applied to Naples University
for recognition of my academic qualifications (I am a doctor),
I was accepted for the VI year including the execution
of the practical training period. This means that I no
longer have time to work. If I cannot work, I no longer
have the right to a residence permit for reasons of work.
Could you give me an answer to my problem?
The law on immigration prescribes that you, with a residence permit for reasons
of work, can also study. When your residence permit for reasons of work expires,
you can convert it into a residence permit for reasons of study. However, take
care, once your studies and practical training are finished, before your residence
permit for reasons of study expires, you must reconvert it into a permit for
work (with application to the Provincial employment office on the part of the
employer). My advice is to absolutely keep your permit for work, which is also
valid for study, with any kind of contract whatsoever (including the various
new types of collaboration).
Return to the question
My mother recently had a stroke
and is no longer able to take care of herself, so we had
to hurriedly find a carer....and we found an 'angel' -
who arrived in Italy on the 15th April last, but with a
'red' (?) passport - without a visa, that is. She has now
been living with my mother since May and she and all of
us are very fond of each other and we absolutely do not
want to lose her. What can we do to legalise her position?
The Bossi-Fini law on immigration, at present in force, does not provide for
the possibility of legalising one's presence on Italian territory, therefore
the Philippine lady who looks after your mother cannot get a residence permit.
The only possibility remains the immigration flows, by which the Italian government
establishes how many non-European citizens can enter Italy for reasons of work.
In this case, the Philippine lady must return to her country and then re-enter
Italy. At the moment, the Government is not considering a new amnesty.
Return to the question
I am a young foreigner without
a residence permit. I have been living in Italy for 4 years.
Two years ago, I lost the chance of getting a residence
permit. And now, although I have a good job and my employer
wants to legalise my position, I don't know where to start
in order to get a permit. I have heard people speak of
amendments or additions to the laws, is it true?
At the moment there is no possibility at all of legalising your position while
you remain in Italy. In fact, the Government is not considering a new amnesty.
The only possibility depends on the immigrations flows, which will be announced
in January 2005. The employer must forward to the Provincial Employment Office
a foreign nominative call, requesting authorization to employ you (during the
execution of this procedure, you must be in your country of origin).
Return to the question
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