The Modena court ruled that “The ‘cohabitation pact’ is sufficient to register the partner in the registry office even without a residence permit visa italy”
The cohabitation must be attested by a contract signed in front of a lawyer: in this way the bureaucratic impasse that made it impossible for the foreign comrade to stay in a regular way is overcome.
The Damiani&Damiani office of Turin “A great step for Italy, recognized as a prejudice to the right to family unity, constitutionally guaranteed”.
A “cohabitation visa Italy” is sufficient to register the non-EU partner in the registry office even if he/she does not have a residence permit.
This was established by the court of Modena, which required the Municipality of Formigine to enter the Indonesian partner in the residents’ registers (a similar ruling to one made by the court of Bologna). The judges, explain from the Damiani&Damiani office in Turin, which has been following cases of this kind for years, have recognized the danger of the expulsion of the woman from Italian territory, “with prejudice to her right to family unity, constitutionally guaranteed”.
“All mixed couples – underlines the lawyer Anna Sagone, who followed the case together with the lawyer Irene Damiani – regardless of the residence permit or not, will be able to obtain a permit for family reunification italy in the face of cohabitation only.
By law, de facto couples constitute a family for all intents and purposes: a union characterised by an emotional bond that is not formalised either by marriage, civil union or any other form of official registration. And this is also confirmed by the Supreme Court.” Moreover, the EU Directives also provide for “facilitating the entry and residence of the partner with whom the citizen has a duly attested stable relationship”.
In essence, the necessary cohabitation age requirement is replaced by the “cohabitation pact” with which to overcome the bureaucratic impasse due to which it is not possible for municipalities to accept the request for recognition as a “de facto couple” because on the one hand the non-EU citizen could not have a residence and on the other hand the police headquarters could not issue the residence permit because the municipality did not issue the “de facto couple” certificate. A situation that blocks everything, making it impossible the family reunification in italyon a regular basis: the only possibilities so far were of course marriage or a study or work visa, very difficult to obtain and in any case temporary.
“Today, more than before, therefore, the lawyers conclude, we will continue our battle in the protection of the right to the family, strengthened by the validity of our reasons, already accepted by two Courts. Hoping that Public Administrations will implement these decisions as quickly as possible. This is a great step for Italy, an important moment that brings us closer to the concept of authentic integration also in the name of love.”
This decision opened up the concrete possibility of regularising all those situations of de facto cohabitation between Italian citizens and non-EU partner, without being afraid of facilitating illegal immigration. In fact, cohabiting partner in italy must be proved and attested by a contract entered into in accordance with the law and before a lawyer who takes responsibility for it in order to guarantee the protection of the rule of law, fraud and the safety of citizens.
Source: Il Fatto Quotidiano Published on February 2020
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