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Australian spouse of EU citizen wanting to work in Italy

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mark73
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Australian spouse of EU citizen wanting to work in Italy

Post by mark73 » Thu May 29, 2008 9:00 pm

Hi

My wife and I recently arrived in London from Australia. I am an Australian citizen and my wife has dual citizenship for Australia and Ireland.

Before leaving Australia, I got a 6 month UK family permit stamped in my passport allowing me to work in UK. My wife is traveling on her Irish passport.

However, I do not have a UK residence stamp.

My wife and I would like to travel to Italy to work. She is ok with her EU passport but I am trying to determine what I need to do.

As an Australian, I do not need a visa for a tourist visit not exceeding 90 days in Italy. However, I want to be able to work and stay possibly longer than 90 days. As the spouse of an EU citizen, what do I need to do?

Any advice would be much appreciated.

Thanks
Mark

86ti
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Re: Australian spouse of EU citizen wanting to work in Italy

Post by 86ti » Fri May 30, 2008 9:22 am

mark73 wrote:Hi

My wife and I recently arrived in London from Australia. I am an Australian citizen and my wife has dual citizenship for Australia and Ireland.

Before leaving Australia, I got a 6 month UK family permit stamped in my passport allowing me to work in UK. My wife is traveling on her Irish passport.

However, I do not have a UK residence stamp.

My wife and I would like to travel to Italy to work. She is ok with her EU passport but I am trying to determine what I need to do.

As an Australian, I do not need a visa for a tourist visit not exceeding 90 days in Italy. However, I want to be able to work and stay possibly longer than 90 days. As the spouse of an EU citizen, what do I need to do?

Any advice would be much appreciated.

Thanks
Mark
You need to clarify a few points:
Why did you you move to the UK if you intend to work in Italy?
What is a UK family permit stamp? Do you actually mean the EEA family permit which is a visa-like sticker in your passport?
For a UK residence card you would have to apply. Again that's a sticker (despite its name) and not a stamp.

Anyway, neither is relevant for Italy in your case.

A tourist visa wouldn't allow you to work. When you say "travel to Italy" do you actually mean to move and work there? As the non-EEA spouse of an EEA national you have of course the right to join your wife and live with her in Italy. You are also allowed to work without the need for additional permits. Typically you have to register with the competent authorities after 90 days and prove sufficient income and your relationship (you may need to translate your marriage certificate). But I hope others, more familiar with Italian rules, can give you details.

Richard66
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Joined: Sat Aug 25, 2007 9:17 pm
Location: Italy

Post by Richard66 » Fri Jun 06, 2008 4:22 pm

Your best bet is to go to the Italian consulate and ask for a "Familiare al seguito" visa.

Your wife will need to go to the "comune" and register (residenza). She'll need to have an address and will need either to have a work contract or will need to prove that she can keep herself and you (a sum around Euro 5,000 a year). The government has now changed the law and requires her to prove this sum comes from a "legitimate" source, though how you can prove that is beyond me. A policeman will come and check if you really live at that address and she will eventually be issued with her "residenza" (typically 4 months it takes).

After your wife applies (that is, the day after she requests her residenza (and NOT after she actually gets resident status confirmed), you'll need to go to the Questura (by NO MEANS use the postal system) with proof of you family relationship, this receipt and 3 photographs and to apply for a "Carta di soggiorno per Familiare UE". If you're lucky (my wife was) you might get it the very same day, if not, you'll need to wait some time.

You both need to register at the Centro per l'Impiego as jobseekers.

superyeats
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Re: Australian spouse of EU citizen wanting to work in Italy

Post by superyeats » Thu Mar 12, 2009 1:01 pm

Mark73 how did it work out for you? I am in a similar situation... I am EU citizen and my wife is not. We are moving to Italy (I am doing a Master)but I'm not sure what she needs to do. Familiare en seguitto seems like a pain because it seems that I would have to go first and we could be separated a while? She is US citizen. Please advise how you fared and what one in a similar boat may need to know. Thanks!

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Mar 12, 2009 1:27 pm

Richard66 wrote:Your best bet is to go to the Italian consulate and ask for a "Familiare al seguito" visa.
Why do you think this is needed? I can so no reason for them to do anything before they go to Italy. They are citizens of Australia and not citizens of visa-requiring nations.

Directive/2004/38/EC
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Re: Australian spouse of EU citizen wanting to work in Italy

Post by Directive/2004/38/EC » Thu Mar 12, 2009 1:29 pm

mark73 wrote:My wife and I would like to travel to Italy to work. She is ok with her EU passport but I am trying to determine what I need to do.
I do not see any need for you to do anything until you arrive. When you do you should apply for a Residence Card as a family member of an EU citizen. You will need to provide your passport and your marriage certificate. You will need to apply for it after you wife has started working, and may need to also show that she is working.

Richard66
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Location: Italy

Post by Richard66 » Thu Mar 12, 2009 2:48 pm

Your best bet is to go to the Italian consulate and ask for a "Familiare al seguito" visa.
Did I really write that? How foolish of me! You are right, Directive, no need for Australians.
Aiming at travelling to the UK with my wife and not with an EEA FP!

haloamie
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Legal Info for your problem.

Post by haloamie » Wed Mar 18, 2009 12:50 am

Heya mate,

Im a fellow Aussie and am also having complicated EU problems. Take a look at these site I think it could help your situation... You should have no problems as you are already married. Just make sure your marriage certificate has the Apostle of Hague stamp on it if you were married in Aussie. ($80 from the Department of Foreign Affairs and Trade)

http://eumovement.wordpress.com/directive-200438ec/

http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf

Hope this helps.

Italybound
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Post by Italybound » Wed Apr 29, 2009 3:12 pm

I know this is an old thread, but my question is the same.

I am Australian and he is Irish. We are living in Ireland and married for 6 years. (I have residency here)

Due to a stupid oversight on my part I havbe never followed up on my naturalisation and passport. The process now takes 2-3 years.

We are planning to go to Italy to work (teach English). I knew as a spouse of an EU citizen I had a right to reside in an EU country with my husband but my issue was whether I would be permitted to work or not. From reading this thread it would seem that I can, or should I apply for that visa as well to cover myself?

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Apr 29, 2009 4:13 pm

Italybound wrote:We are planning to go to Italy to work (teach English). I knew as a spouse of an EU citizen I had a right to reside in an EU country with my husband but my issue was whether I would be permitted to work or not. From reading this thread it would seem that I can, or should I apply for that visa as well to cover myself?
You have, more or less the same rights as your EU spouse. If your spouse can work (YES!) then so can you (YES!).

There are should be no formalities for the first 90 days. If you want to stay longer, you will need to register for a Residence Card. It should be that you can work from the day you arrive, though you may need to apply to prove your right (since you do not have an EU passport).

Question: can you apply for your citizenship now, before you leave for Italy, and have it processed (slowly) while you are teaching good Irish English to the language-needy of Italy?
Last edited by Directive/2004/38/EC on Wed Apr 29, 2009 4:57 pm, edited 1 time in total.

Italybound
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Post by Italybound » Wed Apr 29, 2009 4:43 pm

Thanks for that, I have been reading the forum since I have posted and wanted to make sure, I had it right.

Thanks very much, that will make my job search much easier!

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