I am a UK citizen -How can my US wife live in Italy with me?

superyeats · Post by **superyeats** » Thu Mar 12, 2009 12:59 am

I am a UK citizen moving to Italy to study a masters degree. My wife and 2 kids are not EU citizens but rather US. Can we just go to italy and apply for residency or is it absolutley necessary that she and the kids first obtain the familiare en seguitto visa? Seems like a pain since we would like to travel together. She would like to work there as well.

Thanks!

sakura · Post by **sakura** » Thu Mar 12, 2009 12:05 pm

superyeats wrote:I am a UK citizen moving to Italy to study a masters degree. My wife and 2 kids are not EU citizens but rather US. Can we just go to italy and apply for residency or is it absolutley necessary that she and the kids first obtain the familiare en seguitto visa? Seems like a pain since we would like to travel together. She would like to work there as well.

Thanks!

Why are your two children not British citizens? Have you looked into this?

superyeats · Post by **superyeats** » Thu Mar 12, 2009 12:25 pm

I obtained UK citizenship by descent- so they are not eligible. I should also point out that we reside in the US. Only I have a UK/EU passport. Wife and kids are US citizens (I am dual).

Post by **Directive/2004/38/EC** » Thu Mar 12, 2009 1:09 pm

superyeats wrote:I am a UK citizen moving to Italy to study a masters degree. My wife and 2 kids are not EU citizens but rather US. Can we just go to italy and apply for residency or is it absolutley necessary that she and the kids first obtain the familiare en seguitto visa?

YES (and also a small no)!

You can decide to move tomorrow morning, be on the airplane at dinner time, and ALL of you will be FULLY resident in Italy on arrival.

You do NOT apply for permission or for residence. All you (may) need to do is apply for the Italian confirmation that you are resident. Your non-EU family will apply for a â€œResidence Cardâ€

superyeats · Post by **superyeats** » Thu Mar 12, 2009 1:45 pm

Directive thanks for the response. So you don't see any problem w/ my wife who is US citizen arriving with no visa and the intent to stay longer than 90 days? Will they ask for information about her return itinerary at customs? That's great if we can just arrive nd go to the local immigration office and register for residence cards.

We have never actually set foot in Europe. I just became a UK citizen about 2 months ago by descent. Just got the passport last week and accepted to the masters in Italy yesterday.

My kids are 7 and 6 years old, US born. Thanks a lot for your help.

ciaramc · Post by **ciaramc** » Thu Mar 12, 2009 2:51 pm

Directive is right it is not (suppossed) to be called a permit (permesso di soggiorno) it is supposed to be a carta di soggiorno....for EU citizens and there family members!

You and your wife should come an apply at the local Immigration office (Questura) do NOT apply through the local post office ....that is only for people out side of the EU....and as you are an EU citizen your wife is considered under the same rules!

I will just warn you that in Italy it can take any time from 1 day to 2 years for the Questura to issue a residence card!! Yes thats right, I know of people waiting years....and then there is Richard66 who posts on this forum that got his wifes in one day!! So be prepared!!

You should look into schooling etc....for your children before you get here!! Anything else you need to know just post!

ciaramc · Post by **ciaramc** » Thu Mar 12, 2009 2:54 pm

Oh as a EU citizen you will have to register in your local comune where you intend to live......for your residenza....which you legally don't have to do until you hit the three month mark!

Post by **Directive/2004/38/EC** » Thu Mar 12, 2009 5:02 pm

superyeats wrote:So you don't see any problem w/ my wife who is US citizen arriving with no visa and the intent to stay longer than 90 days? Will they ask for information about her return itinerary at customs? That's great if we can just arrive nd go to the local immigration office and register for residence cards.

I would not expect ANY problems, assuming you carry the marriage and birth certificates as I suggest. They can ONLY refuse you or your family entry if you are national security risks, are VERY sick with WHO listed contagious diseases, or are a (BIG!) public policy problem. You and your family could (but not recommended) arrive in Italy with zero money and no return ticket and they still MUST let you in. Same rules apply for you moving to ANY European country (except the UK, unless you have been residing in another EU country before coming to the UK).

superyeats wrote:We have never actually set foot in Europe. I just became a UK citizen about 2 months ago by descent. Just got the passport last week and accepted to the masters in Italy yesterday.

Welcome to Europe! Enjoy yourself!

Note also that you and your family have the same rights in Italy as any Italian. You can each work, marry, divorce, go to school, get a driverâ€™s license, get (however it works in Italy) health care.

Post by **JAJ** » Sun Mar 15, 2009 9:22 pm

Directive/2004/38/EC wrote: Note also that you and your family have the same rights in Italy as any Italian. You can each work, marry, divorce, go to school, get a driverâ€™s license, get (however it works in Italy) health care.

However, rights to Italian citizenship are contingent upon Italian domestic law.

ciaramc · Post by **ciaramc** » Mon Mar 16, 2009 8:53 am

Directive - I was just warning the OP, I don't think they will refuse him entry , but think he is in for a wait for the families resident cards.... nothing is simple/easy in Italy....but he shall see for himself...soon enough....good luck!! Any questions just ask!

I would not expect ANY problems, assuming you carry the marriage and birth certificates as I suggest. They can ONLY refuse you or your family entry if you are national security risks, are VERY sick with WHO listed contagious diseases, or are a (BIG!) public policy problem. You and your family could (but not recommended) arrive in Italy with zero money and no return ticket and they still MUST let you in. Same rules apply for you moving to ANY European country (except the UK, unless you have been residing in another EU country before coming to the UK

Post by **Directive/2004/38/EC** » Mon Mar 16, 2009 9:13 am

ciaramc wrote:Directive - I was just warning the OP, I don't think they will refuse him entry , but think he is in for a wait for the families resident cards.... nothing is simple/easy in Italy....but he shall see for himself...soon enough....good luck!! Any questions just ask!

Super!

He should know that the Italian must issue the Residence Card within 6 months of application, and that his family can continue on with their life (including working) in the mean time.

If there are any problems, he should contact the EUâ€™s Solvit

ciaramc · Post by **ciaramc** » Mon Mar 16, 2009 9:22 am

I have been waiting over 3 years for my husbands RC......not only me there was an article here in the newspaper........that said people renewing their RC are waiting on average 1/2 years yes YEARS....that's for renewal!! These people are getting their RC back already out of date....so they never actually have a valid card!!

Oh they can work just try to get a contract!! No one will give them one!!

I tried SOLVIT they didn't help!! I have now filed a complaint with the EU commission ....got a reply....to say Italy are in the wrong....that was NOVEMBER I'm still waiting!!!

There is no point telling them yes you go they give you the card....couple of months all sorted that is not the case at least in Rome!!!

You have to go....out to the immigration centre ...in the middle of nowhere.....you queue for hours...in a disgusting building that carely has seats!! they are reallly rude to you and then tell you to come back in a month because they can not find your file!!

It is a joke!!

Post by **Directive/2004/38/EC** » Mon Mar 16, 2009 1:45 pm

ciaramc wrote:I have been waiting over 3 years for my husbands RC......not only me there was an article here in the newspaper........that said people renewing their RC are waiting on average 1/2 years yes YEARS....that's for renewal!! These people are getting their RC back already out of date....so they never actually have a valid card!!!

I am confused. Residence Cards (for the family member of an EU citizen) are issued for 5 years and never need to be renewed or would expire so quickly. What exactly are you applying for that needs a renewal? People would then, after 5 years, apply for a Permanent Residence Card.

What exactly was the outcome of contacting solvit?

ciaramc · Post by **ciaramc** » Mon Mar 16, 2009 4:24 pm

Ok we are going off topic here,

I applied for the FIRST RC for my husband....he had been illegal here before we married!!

That's not what I'm saying, I'm saying I know people that are waiting years yes years....for there RC!!! It is a mess here no one has heard of the Directive!! that's what I'm saying be prepared for a battle!! U need to fight to get everything you need here (and are entitled too) !

Anyway Super good luck!! Push hard and make sure you get all you are entitled to!

Solvit didn't help because we are appealing....we even gave the judge a copy of the METLOCK case it made no difference!! We are now appealling again!!

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I am a UK citizen -How can my US wife live in Italy with me?

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