If your problem is that of not being able to live with your non-EU partner in Italy and you have not yet managed to obtain a residence permit for cohabitation more uxorio for you, this news may be useful. The Court of Modena recently ordered the Municipality of Formigine to register the Indonesian partner of an Italian citizen without a residence permit in the registration offices.
In addition, the judge ordered the inclusion of the Indonesian partner in the family status of the cohabiting partner and the registration of the cohabitation contract signed in front of a lawyer.
For a couple of years already – as lawyer Irene Damiani of the Damiani & Damiani law firm, expert in immigration law, says – has been fighting for the recognition of the rights protected by the European Union. As the lawyer Anna Sagone of Turin, who collaborated in the drafting of the appeal, says – it happened that the cohabiting couple made up of an Italian citizen and a non-EU cohabiting partner applied to obtain residence in a municipality in Italy.
However, the municipalities consider the request inadmissible. The Immigration Office did not issue a residence permit until after the de facto couple had obtained residence.
Before telling you how to obtain a more uxorio residence permit between an Italian citizen and a non-EU partner, there is a premise. For some time the Public Administration has tightened the procedures for the issue of the residence permit for family reunification. An attitude due to the discovery of cases of scams to encourage illegal immigration.
Since 2004, European Union law has established that a citizen of a member state has the right to live in his country of origin with his non-EU partner.
With the decision of the Court of Modena, finally, the de facto coexistence between an Italian citizen and his non-EU partner, gives the right to a residence permit for the non-EU partner.
With this judgment, the Court of Modena has decided that the Municipality must provide for registration in the registry. The European Directive 38/2004 ensures entry and facilitates the stay to the non-EU partner of the citizen of the Member State, with whom he decides to have a stable relationship of coexistence.
With this decision, the concrete possibility has been opened to regularize all those situations of de facto cohabitation between Italian citizens and non-EU cohabitants, without the concern of facilitating illegal immigration. As a matter of fact, coexistence must be proven and certified with a contract stipulated in accordance with the law and before a lawyer who assumes responsibility for guaranteeing the protection of the rule of law, scams and citizens’ security.