She is a Peruvian citizen, he is an Italian citizen. Last January they wanted to apply for family reunification to join together and live as a couple. But how to obtain a residence permit for family reunification? Their common desire, in fact, was to live together in Italy. But she, a non-EU citizen, without a residence permit and a valid passport, would soon have to leave to see who knows when her Italian companion.
What to do?
Our lawyers at Damiani & Damiani Law Firm have been dealing with immigration law for more than 2 years, requesting entry visas for study or work reasons and residence permits for family reunification or cohabitation visa.
At this link you will find all the information that may be useful to you: Residence permit for cohabitation
The couple then turned to our law firm to be assisted before the judge and to have recognized their cohabitation.
The partner non EU of the couple italian can have visa for cohabitation
This we are telling you is a fairly common situation and it concerns binational couples made up of an Italian citizen who decides to live with a non-EU citizen. Or who goes on a trip abroad, knows a person and decides to let them enter Italy to live together.
The attention of the Italian government and the recognition of the right to family reunification towards mixed couples who have remained separated due to Covid
International couples were made the subject of attention in the September Prime Ministerial Decree that issued containment measures at Covid. Many international couples remained divided for months due to the fact that one of the two companions was in one of the States with the greatest spread of the Virus and therefore the citizens of one of the States included in a special blacklist were and are forbidden from entering the our country. But now, if the couple lives in a stable relationship, the non-EU companion can enter Italy and join the Italian citizen companion with an entry visa for 90 days (we have already written about it at this link: Covid travel rules. Here the Visa for Italy for partner extraUE of Binational couples).
The DPCM of the Italian Government grants the Entry Visa valid for up to 90 days for the unmarried cohabiting partner of an Italian citizen. Also in this case, the foreign partner of the international de facto couple can obtain a residence permit thanks to the intervention and appeal to the court of lawyers of the Damiani & Damiani Law Firm for obtain italian partner visa.
In the case of our assisted couple, however, she had to return to Peru, because the term for stay in Italy had expired. In order to stay next to his Italian companion, he needed a residence permit which, clearly, the immigration offices of the police headquarters concerned had denied because he did not have a residence certificate.
Another story with a happy ending. The judge recognized the urgency of family reunification
All that remained was to urgently file the appeal to ascertain their de facto cohabitation and the recognition of the stable relationship. Without the intervention and the appeal presented to the Judge, our client, a non-EU citizen, would certainly have been repatriated. The Judge of the Italian Court recognized the urgency of the appeal presented, given the imminent appointment with the police headquarters, accepted the appeal for the recognition of the stable relationship and ordered the registration of the cohabitation agreement.
This is now the umpteenth case of recognition by an Italian Court that orders the registration of the cohabitation agreement for an international couple. Clearly, the cohabitation pact must be duly drawn up and certified by a lawyer for compliance with mandatory rules and public order.