For over a year, the Damiani & Damiani Law Firm with offices in Palermo, Rome, Turin, has been studying the right of the EXTRA-EU more uxorio partner of an Italian citizen, to obtain a facilitation upon entering Italy to reach, live and reside with the PARTNER in an Italian municipality.
READ MORE: The Extra-EU partner without a residence permit has the right to registration
However, the immigration offices do not allow the EXTRA-UE partner to enter Italy without a residence permit, violating the law of art. 9, paragraph 5, letter c-bis of Legislative Decree 30/2007, and European law no. 38/2004.
In summary, those who do not already have a residence permit cannot enjoy the benefits of Law 38/2004, which for more uxorio cohabiting partners requires the PA to facilitate ENTRANCE in Italy and the evaluation of the personal situation of the partners and their proven coexistence by any means.
The immigration offices deny residence to the EXTRA-UE more uxorio cohabiting partner without a residence permit with the circular of the Ministry of the Interior n. 9 of 2012. This is an anachronistic circular and does not take into account the law in force.
Out of 50 residency requests for EXTRA-EU more uxorio cohabitants submitted by the Damiani&Damiani law firm in as many Italian municipalities, 50 replied that the application is not admissible due to the absence of a residence permit.
To assert the right of the cohabiting partner extra uxorio to reside in Italy (right recognized by art.117 of the Italian Constitution), the lawyers Irene Damiani and Anna Sagone turned to the judge to apply for entry, stay and residence of non-EU more uxorio cohabitants having a stable relationship with an Italian citizen.
To gain the denied right faster, Damiani & Damiani firm has also decided to apply to the European judge, to request their intervention to rectify the work of Italy regarding the right to residence in Italy, of the non-EU cohabiting partner, more uxorio of the EU citizen.
All de facto couples made up of an Italian citizen residing in Italy and an EXTRA-EU citizen who wants to reside in Italy, can join the appeal of the Damiani & Damiani Law Firm.
To adhere to the EU appeal, a symbolic amount is needed to cover legal costs.
For more information contact the office at the following numbers: +39 091347868 (Southern Italy) | +39 0662289034 (central Italy and abroad) | +39 0112766836 (northern Italy). info@damianianddamiani.com
