The international law firm DAMIANI & DAMIANI has undertaken an in-depth study of the current situation for immigration in Italy on couples who have a stable relationship, in which one of the two partners is a non-EU citizen while the other is an EU citizen italy immigration.
READ ALSO: Residence permit for cohabitation
The couples do they have the right to entering in Italy and reside in Italy and share their spiritual and moral plan to live a life together there, according to the current Italian legal framework?
The Art. 9, paragraph 5, let. B) of the Legislative Decree No 30/2007 allows the non-EU partner of a EU-citizen, characterized by a stable relationship, to get a residence registration and permit to stay. The only document to be provided is “official document” which proves the relationship.
How to get an “official documentation” for arrival in Italy from a relationship which is de facto.
DAMIANI&DAMIANI believes that the only official document that can be formalise in Italy for permanent residence is the convivence agreement, regulated by the L. 76/2016. The agreement must be signed by a notary or a lawyer with public functions.
The cohabitation agreement between a couple of Italian and non-EU citizenfor living in italy is a document that establishes the will of the couple to have a stable relationship, in which one provides for the needs of the other and vice versa and is the document that demonstrates the existing stable relationship. The official status of the stable relationship is the signing of the agreement before a notary or a lawyer, acting as a public official
After the signature in front of the notary or the lawyer, the cohabitation agreement must be registered in the public register of the Municipality italian where the residence is requested. The residence status of the couple in the municipality, ascertains the existence of the stable relationship.
This is a perfect circle which is provided in our legal framework, as in a perfect puzzle each piece is valuable to build the whole picture of an “official document” which fully proves the stable relationship.
Despite ths, the Public Administration seems not willing to apply such a perfect scheme, as they do not apply the art. 9, co. 5, letter c-bis) of the Legislative Decree No 30/2007. They do implement, instead, an older internal order (Ministerial circular) which requires a valid document to stay in Italy (the so-called residence permit).
In addition, it is not possible to get a residence permit because, first of all, the administration requires the registration in the population registry.
So, at this specific historical moment, we are experiencing a situation of impasse where Public administrations do not coordinate with each other and where, above all, the authority of the population registry does not apply the art. 9, co. 5, letter c-bis) of Legislative Decree No 30/2007.
DAMIANI&DAMIANI immigration service law launches an appeal to all those non-registered couples, the so-called “stable relationships”, where one of the partners is a UE citizen, while the other partner is extraUE.
READ ALSO: Ascertainment cohabitation residence permits
All these couples are entitled to move and reside Italy to accompany or reach their partner there. The law does exist and it is time to bring the authorities to apply it. Immigration question: we propose an action against the PA, before the competent Tribunal, and as preliminary request, we invite the judge to refer the matter to the EUCJ.
The aim is:
- To get an amendment of art. 9, paragraph 5, letter c-bis) of Legislative Decree No 30/2007, which provides that “official documents” are needed for the evidence of the stable relationship.
- This evidence is the probatio diabolica, as a stable, unregistered relationship is a de facto relationship and there is no official document that can prove it. As a matter of fact, Directive 2004/38 / EC does not provide for this kind of evidence, which is free (oral evidence included).
- Binding the PA to disapply internal order (Ministerial circular) which is old and which has no bounding powers, as it is not an official regulatory source. Whereas bringing the PA to apply the only existing law in force, which provides for the right of the non-EU partner to apply for a registry entry and, finally, to be registered in the population register, in order to sign a convivence agreement and form an official document, which is the only one – at the moment – that can prove the stable relationship.
The operation cost is minimized, as DAMIANI&DAMIANI has chosen the battle rather than the money.
