Italian rules on non-EU spouses of non-Italian EU nationals. What does Italy require?

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Italian rules on non-EU spouses of non-Italian EU nationals. What does Italy require?


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Old 17th July 2010, 10:16 PM
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Default Italian rules on non-EU spouses of non-Italian EU nationals. What does Italy require?

We are moving to Reggio Emilia in August. what are the requirements and what is the process for granting residence to the spouse of a non-Italian EU national and the EU national?
My wife is French and I am US citizen and we reside currently in NY. We are on moving to Italy In August, and I want to know how and what are the procedures for making us both legal to live and work in Reggio nell' Emilia.
Thanks for any and all input...help!!!

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Old 19th July 2010, 10:08 AM
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I am in a similar situation, though we are already here (northern Tuscany); I'm English and my wife is Australian. So I look forward a lot to more knowledgeable replies, as we are struggling with this process right now.
It is clear that in theory the non-EU spouse is accepted, but getting the right paper for her to work, and for her to stay if/when I, for instance, die, is trickier.
So far I have got an identity card. That took time as our registrar here decided he couldn't accept the application to register as resident because our house did not have a number, so we had to go through a process to get one. Anyway, I've been working on filling in the "yellow kit", but for that I seem to need a codice fiscale (which I have - that's easy), a VAT registration (IVA - which I have, but apparently it might be wrong) and an INPS number (which I haven't yet managed to get, though I have a commerzialista on the job).
So in short, your wife just is legal here anyway, and does not need any special papers, except for registering as resident in due course. You should have no problem - the principle is recognised. But you should press on with the process of getting these papers for the sake of getting a secure position.
But as I said, I'm no expert - I look forward to reading more answers!

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Old 3rd February 2011, 08:07 PM
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Quote:
Originally Posted by plawre View Post
We are moving to Reggio Emilia in August. what are the requirements and what is the process for granting residence to the spouse of a non-Italian EU national and the EU national?
My wife is French and I am US citizen and we reside currently in NY. We are on moving to Italy In August, and I want to know how and what are the procedures for making us both legal to live and work in Reggio nell' Emilia.
Thanks for any and all input...help!!!
Ok, this is going to be a bit complicated, so I'll try to be concise.

1. As an EU citizen, your wife doesn't need any paperwork to move to Italy. Once she rents or buys a place, all she will have to do is go to the City Hall of the place where she is settling with the property deed or the rental contract, look for the "Ufficio Anagrafe" and apply to get registered as a resident. Within a couple of weeks a city employee (or police officer) will knock at her door to check if she is really living there, and once his report is filed she will have a registered address in Italy which, together with a "codice fiscale", is the basis to do any kind of transaction (get health care coverage, driving license, register a car, etc.).

2. For you things are a bit more complex, because you should get an appointment at the Visa section of the Consulate-General of Italy in NY, which is always pretty backed up, and bring your passport, your marriage certificate and your wife (with her passport as well) to apply for a "Visto di ingresso per ricongiungimento familiare". That is the kind of entry visa you should get in order to be able to apply for a "permesso di soggiorno" once you will be in Italy (you can't do it if you enter Italy as a tourist). Check this website in order to get an idea about the various kinds of entry visas issued by Italian consular offices abroad.

3. Once you got your entry visa for Italy and actually get there, you have to visit the local police office (Questura or Commissariato di Polizia) within 8 days of your arrival. Then you will have to get the "kit" to apply for your "permesso di soggiorno". The application can be made either through the Post Office by registered mail, or through some local grassroots associations called "Enti di patronato" (some staffed by foreigners already living in Italy) which will help you fill in the cumbersome forms that are part of your "kit" and file the application by computer directly from their offices, in return of a membership fee.

4. After you have applied and have either the receipt from the Post Office or from the "patronato" proving that your application is being processed, you can go to the City Hall (see step 1) and apply to register yourself as a live-in family member (familiare convivente) of your wife at the same address where she lives. Should there be no problems you will get registered and in due time (weeks, or more likely months) you will get a call from the Polizia informing you that your "permesso di soggiorno" is ready for collection. And voilà, you are a legal resident!


Last edited by Arturo.c; 3rd February 2011 at 08:10 PM.
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Old 6th February 2011, 04:52 AM
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Quote:
Originally Posted by Arturo.c View Post
Ok, this is going to be a bit complicated, so I'll try to be concise.

1. As an EU citizen, your wife doesn't need any paperwork to move to Italy. Once she rents or buys a place, all she will have to do is go to the City Hall of the place where she is settling with the property deed or the rental contract, look for the "Ufficio Anagrafe" and apply to get registered as a resident. Within a couple of weeks a city employee (or police officer) will knock at her door to check if she is really living there, and once his report is filed she will have a registered address in Italy which, together with a "codice fiscale", is the basis to do any kind of transaction (get health care coverage, driving license, register a car, etc.).

2. For you things are a bit more complex, because you should get an appointment at the Visa section of th which is always pretty backed up, and bring your passport, your marriage certificate and your wife (with her passport as well) to apply for a "Visto di ingresso per ricongiungimento familiare". That is the kind of entry visa you should get in order to be able to apply for a "permesso di soggiorno" once you will be in Italy (you can't do it if you enter Italy as a tourist).

3. Once you got your entry visa for Italy and actually get there, you have to visit the local police office (Questura or Commissariato di Polizia) within 8 days of your arrival. Then you will have to get the "kit" to apply for your "permesso di soggiorno". The application can be made either through the Post Office by registered mail, or through some local grassroots associations called "Enti di patronato" (some staffed by foreigners already living in Italy) which will help you fill in the cumbersome forms that are part of your "kit" and file the application by computer directly from their offices, in return of a membership fee.

4. After you have applied and have either the receipt from the Post Office or from the "patronato" proving that your application is being processed, you can go to the City Hall (see step 1) and apply to register yourself as a live-in family member (familiare convivente) of your wife at the same address where she lives. Should there be no problems you will get registered and in due time (weeks, or more likely months) you will get a call from the Polizia informing you that your "permesso di soggiorno" is ready for collection. And voilą, you are a legal resident!
I too am interested in these posts as I am a UK citizen,my husband is a US citizen and at present we live in the US. Are you saying that once all the above paperwork is completed in Italy,having first traveled on a family spousal visa issued by the Italian consulate here in the US, my husband is allowed to actually work in Italy? I didn't think he could, but if he can then we will apply for the visa here. Thanks anyway for your very informative post.

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Old 6th February 2011, 08:17 AM
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I too am interested in these posts as I am a UK citizen,my husband is a US citizen and at present we live in the US. Are you saying that once all the above paperwork is completed in Italy,having first traveled on a family spousal visa issued by the Italian consulate here in the US, my husband is allowed to actually work in Italy? I didn't think he could, but if he can then we will apply for the visa here. Thanks anyway for your very informative post.
You should contact the Italian consulate in NY, but be aware that there IS an EU directive on non-EU spouses of EU nationals taking up residence together in another EU country. Italy should have some sort of "accelerated" or "simplified" procedure for granting the non-EU spouse legal residence (with full working privileges) once the EU spouse has established that they are resident.
Cheers,
Bev

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Old 6th February 2011, 10:25 AM
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Are you saying that once all the above paperwork is completed in Italy,having first traveled on a family spousal visa issued by the Italian consulate here in the US, my husband is allowed to actually work in Italy?
Certainly! Directive 2004/38/EC gives to spouses and family members of EU citizens the right to move and reside in any of the countries who belong to the European Economic Area. That includes the right to work as well.

To have a better knowledge of your rights under EU law, I suggest you to download and read carefully the guide to Directive 2004/38 published by the European Union.

Best wishes,
Arturo.


Last edited by Arturo.c; 6th February 2011 at 10:28 AM.
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Old 7th February 2011, 02:34 AM
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Quote:
Originally Posted by Arturo.c View Post
Certainly! Directive 2004/38/EC gives to spouses and family members of EU citizens the right to move and reside in any of the countries who belong to the European Economic Area. That includes the right to work as well.

To have a better knowledge of your rights under EU law, I suggest you to download and read carefully the

Best wishes,
Arturo.
OK I will read that info,thanks for that,who is responsible for publishing that document? It doesn't seem that official due to the countless exclamation marks

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Old 7th February 2011, 02:11 PM
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OK I will read that info,thanks for that,who is responsible for publishing that document? It doesn't seem that official due to the countless exclamation marks
I got the link to that document from the webpage of the Council of the European Union about free movement and residence for EU citizens and their family members.

Don't know about the exclamation marks, probably it was originally written in French and badly translated...

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Old 15th March 2011, 06:10 PM
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Default The easiest path for a work permit in Italy?

Thank you Arturo for the vast information.
Another question in regards.
I'm a non-EU citizen and my wife is a GER citizen. We are already in Italy (me with a tourist visa, she is working for a German company).
1- I heard that only an Italian company can apply for a work permit for me, is it true?
There is a French company interested in my services for all over Europe, based out of Monza. Which path would be the easiest?
a- apply for a work permit due to being married to a EU-citizen (do we really have to go back, both of us to my country of origin?)
b- Apply for a work permit in France (where the company is located and revenues are accountable).
c- Apply for a "Libero Profesionista" in Italy and work as a consultant to the French company based out of Italy?

We're not talking about a washing plates in a restaurant kind of job (no offence anyone), but rather a European sales and marketing director in the medical device sector. Does it change the situation?

Looking forward for your answers. Thanks in advance.

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Old 15th March 2011, 07:41 PM
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Originally Posted by HDMonza View Post
Thank you Arturo for the vast information.
Another question in regards.
I'm a non-EU citizen and my wife is a GER citizen. We are already in Italy (me with a tourist visa, she is working for a German company).
1- I heard that only an Italian company can apply for a work permit for me, is it true?
There is a French company interested in my services for all over Europe, based out of Monza. Which path would be the easiest?
a- apply for a work permit due to being married to a EU-citizen (do we really have to go back, both of us to my country of origin?)
b- Apply for a work permit in France (where the company is located and revenues are accountable).
c- Apply for a "Libero Profesionista" in Italy and work as a consultant to the French company based out of Italy?

We're not talking about a washing plates in a restaurant kind of job (no offence anyone), but rather a European sales and marketing director in the medical device sector. Does it change the situation?

Looking forward for your answers. Thanks in advance.
Ok, let's begin from the start:

1. As spouse of an EU citizen you don't need a work permit to work in Italy. Either fly back to the States and apply for a "Visto di ricongiungimento familiare" to the Italian Consulate nearest to your hometown (bring a marriage certificate and your wife's "certificato di residenza", and there will be not many questions asked), or contact one of the local grassroots associations who help immigrants in filing the right papers (my wife was very happy with ANOLF, but there are many other ones) and see if you can apply to the Questura for changing your visa status and get a "permesso di soggiorno" anyway. Be aware that if you already overstayed your 90 days the latter is not quite the right choice;
2. I have no idea how easy it is to get a work permit in France, given also the fact that you and your wife don't live there. The French system is, like the Italian one, based on someone's registered residence, so you should seek advice from the French Consulate-General in Milan about the right procedure;
3. Being a "Libero professionista" involves having a "Partita IVA", a tax number that must be registered in all your invoices and payslips. To obtain a "Partita IVA" at the local "Agenzia delle Entrate" you have to be a resident of Italy, and holder of a "Permesso di Soggiorno". So it's pretty much back to point one...

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