Itl will not register husband so cannot get residence card!

kobrien · Post by **kobrien** » Mon Nov 09, 2009 1:32 pm

My husband and I relocated to Italy two months ago.

His work is from a subordinate company run out of the UK, so he has a UK contract and pays UK taxes.
Because of this, the town has refused to register him as a resident (they say he must pay Itl taxes to register).

I have only 1 more month to apply for a residence card and am getting panicked.

Are there any consequences for applying late for a residence card?
What should we do if this isn't resolved in the next couple of weeks?

ciaramc · Post by **ciaramc** » Tue Nov 10, 2009 10:48 am

Hey don't worry......it will be fine applying late, are you applying in the comune? If you don't have a work contract I know you can show you are self sufficent....I never had a contract when I applied and I don't pay Italian tax as I work for an international firm. Italy is a bit backwards they don't even know there own laws....can you get someone to go to the comune with you? And demand they issue him with the registration certificate? It takes them all of 10 minutes to do, he has applied for his residence right?

kobrien · Post by **kobrien** » Tue Nov 10, 2009 2:48 pm

no, i still have to go to the questura in bari to get my residence card.

my husband hasn't registered yet either. They keep turning him back.
He has an employment contract (but hasn't been paid yet) so we're tyring to use that as the proof.
maybe it's not enough?

His employer offered to go with us so maybe that's a good idea.

ciaramc · Post by **ciaramc** » Tue Nov 10, 2009 4:05 pm

Yeah but your husband does not need to go tot he Questura just the Comune, register and apply for his residence after about a week (depending where you live) the vigili comune and you then get your residence and ID card you then go to the Questura with that. Once he has a work contract they can't stop him applying for his residence!! Get his boss to go with you!

kobrien · Post by **kobrien** » Tue Nov 10, 2009 7:20 pm

whoa, now i'm really confused...

i thought all i needed was the receipt they give him once he applies
(not the actual id card and stuff).

my plan was once he applies (hopefully this week), i go directly to the questura with the rest of the documents (passports, marriage cert, etc).

Am I wrong?

Or do I have to wait until he actually gets the id card and residence thingy?

ciaramc · Post by **ciaramc** » Wed Nov 11, 2009 7:46 am

No just go with the receipt they give him....they should also give him another piece of paper for European citizens....believe me I know how confusing it can be I'm here nearly 10 years and I'm constantly confused.

For you to apply at the Questura bring simply marriage certificate/passports/residence receipt you receive from the comune and passport photo's.

kobrien · Post by **kobrien** » Wed Nov 11, 2009 10:30 am

thanks for the info.

I was also told to go to the post office and get a yellow kit to fill out. (the itl embassy in the US told me this)
http://poliziadistato.it/articolo/10930

It says I must pay a processing fee (I think it's like 30 euros).
Must I do this in addition to the items listed?

ps. how did you survive this process????

ciaramc · Post by **ciaramc** » Wed Nov 11, 2009 11:03 am

NOOOOOOOOOOOOOOO

Don't go to the post office only forgeiners not married to Italians or European citizens have to do this......you go directly to the questura na dfill out the form there as a spouse of a EU citizrn you apply for a Carta di Soggiorno not a permesso!

kobrien · Post by **kobrien** » Fri Nov 13, 2009 10:41 am

thanks for your advice!
Hopefully we'll be able to get things done next week (if our employer gives us our contracts).

Post by **Directive/2004/38/EC** » Thu Nov 19, 2009 11:43 am

kobrien,

What is your citizenship and what is the citizenship of your husband? Who is working where presently?

Richard66 · Post by **Richard66** » Fri Nov 20, 2009 9:19 pm

As for the town hall, all your husband needs is his work contract. All else is nonsense. If they try to be funny again, ask them to give you a refusal in writing, which they are obliged by law to do. If they refuse, go to the closest carabinieri station and denounce them for "omissione di atto di ufficio" After that you'll see how the laws change miraculously!

ciaramc · Post by **ciaramc** » Sat Nov 21, 2009 7:47 am

Take Richard's advice....in Italy thats how everything works.....remember you are in the right and they know it they are just chancing their arm!!

Good luck and keep us updated....and remember what ever you do don't fill in the post office kit!!

kobrien · Post by **kobrien** » Tue Nov 24, 2009 2:22 pm

ha ha. thanks for the advice! I should have been more of a b**** to them.

In the end, we went three times to the comune. They asked for his contract, pay receipts (which we didnt have, so they "overlooked it"), our marriage certificate, and proof my husband was born in the UK.

Seriously retarded.
But he's got his registration receipt now!

I have one more question:
I tried making an appointment at the nearest questura (which is 1 hour away) but they said they were full up and said it would be best for me to send the application via the post office.

I know you said the questura was free and easiest option...but what's so bad about the post office?
Do I have to pay or does it take longer or what?

Thanks for the help guys!

ciaramc · Post by **ciaramc** » Tue Nov 24, 2009 2:27 pm

They always say that, GO to the questura don't take their crap, go take a number and say you want to apply for your Carta di soggiorno under the European Directive print it out in both Italian and English. The post office not only costs money it will take you about a year or two to get an apointment thats the back log....I'm serious!!! Also if you actually read the Italian law you actually have to apply in the Questura!! I would seriously advise you not to go down that road!
If in the Questura they will not accept your documents file a complaint with the police and contact SOLVIT and the European commission!! That is the only thing they understand!

Richard66 · Post by **Richard66** » Wed Nov 25, 2009 5:19 pm

If you send it by post your request will be blocked, because family members ARE NOT to apply by post ever. Do not do it and do not call: show up and kick a fuss.

kobrien · Post by **kobrien** » Thu Nov 26, 2009 1:28 pm

well, I was turned away at the questura and told to do it by post.
(I wasnt even allowed in the stupid building).

I then tried to ring them but no one answered... lovely.

So, I did what you guys told me not to do

...
I went to the post office.
Since I only had a couple of days left, I feel like I had no choice.

(Richard: I was told that I could do it by the post. It's on the main poste italiane site and inside the post package theres a section for non-eu fam members. Am I wrong?)

I've got an appointment for fingerprinting in a couple of weeks.

In the past, I was fingerprinted in the Czech Republic
(for overstaying my visa for about 7 days before my other visa application). But, it was under my maiden name.

When I get fingerprinted this time, they'll probably see this, correct?
They will also see that it's under my previous name (I changed mine when I got married).

Do you think this will cause me any grief or complications? (esp since Itl women dont change their name after marriage)

Post by **Directive/2004/38/EC** » Thu Nov 26, 2009 3:30 pm

Please let us know how it goes.

Richard66 · Post by **Richard66** » Thu Nov 26, 2009 3:56 pm

Have it your way. We tried to tell you not to do that. It will be years till you get out of this mess and it is of your own making.

Sorry for being blunt, but I happen to know the procedure backwards and the law specifically says family members apply at the Questura and not by post.

ciaramc · Post by **ciaramc** » Mon Nov 30, 2009 12:41 pm

Sorry to say Richard is right....ok my case was exceptional....but we applied in the post office as I had been told to do by the stupid Questura. Applied Feb 06 (post office), fingerprints May 06, went to questura to check up every month......got a refusal April 2008 fought the refusal and my husband was issued with his residence permit in July 2009. So I'm sorry to say you have amade a big mistake.....it didn't matter if your time is running out once you enter under EU law they can't do anything you are there with your spouse an EU citizen!!!

Any way good luck!! Your going to need it!

Richard66 · Post by **Richard66** » Mon Nov 30, 2009 3:41 pm

We went to the Questura: Arrived at 9:30 am, left at 11:30 am THE SAME DAY with the residence card.

ciaramc · Post by **ciaramc** » Tue Dec 01, 2009 7:47 am

See there is no method to their madness.....I know people who have got it in a day....but Richard is right if we had started off in the Questura i think we would have saved ourselves alot of bother!

kobrien · Post by **kobrien** » Mon Dec 14, 2009 1:05 pm

UPDATE ON THE SITUATION:

I went to the Questura this morning
I waited in the rain and cold for two hours before getting to the desk.

Everything went smoothly UNTIL the officer went looking for my file (the green file applicants have with their documents in it).

Apparently, my file either is lost in Rome somewhere or just doesn't exist.

She tried to make me a non-electronic CDS but her boss stopped her, saying that you cannot make multiple lodges for the same card.

I supposed to come back after the holidays and hopefully it will have been found.

The only complication is that my hubby and I are going to England this Saturday for Christmas (returning the 1st). The officers said I might run into problems trying to leave and enter England and then re-enter Italy.

But, as long as I have my documents saying I've applied and I'm with my husband, this shouldn't be an issue, right?????

PS: I concede Richard.
I should have just gone directly there and made them do it for me.
I guess we learn from making our own mistakes.

Post by **Directive/2004/38/EC** » Mon Dec 14, 2009 1:47 pm

What is your citizenship? Do you and your husband both have your passports?

You should plan to carry your marriage certificate with you when you travel. You may also want to carry some evidence that you have applied in Italy and that you and/or your husband are working.

kobrien · Post by **kobrien** » Mon Dec 14, 2009 9:52 pm

Hi Directive,

I'm American... and yes, we're planning on bringing ALL documents possible, just in case.

We still have both passports.

Dont think that there will be a big problem.... especially since I have a one-year visa for Italy
(yes, they required me to have an entrance visa...that's for some reason 1 year long... I dont understand but hey, it might help me in terms of reentering the country. Maybe it's a mistake I made that might aid me in the meantime)

Thanks for the concern

Richard66 · Post by **Richard66** » Wed Dec 16, 2009 3:01 pm

Family members are NOT issued electronic residence cards and family members who are American citizens needed no entry visa.

Why can't EU member states LEARN and APPLY their own legislation?

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Itl will not register husband so cannot get residence card!

Itl will not register husband so cannot get residence card!