Italian immigration help!!

charliebrown · Post by **charliebrown** » Mon Sep 15, 2008 9:25 pm

Hi

Can anyone help!? I am married to a Moldavan, (im british) and i am currently living in italy working. my hubbie accompanied me on a type C shengen issued by Spanish embassy as that is where we went first from moldova. Europa informed us that all we have to do in italy is register and he wont need to go back to moldova to apply to come in for a residency permit. Today, my husband took my registration cert, my work contract, both our passports and original and italian translated marriage certificate to the questura/uffico imigrazione (or rather police station) in Genova and was promptly turned down! they did not seem to even know what directive 2004/38/EC, simply saying he needs to go back to moldova to apply for a family renunification. As you can imagine, we are very frustrated as we have read the directive and even Europa emailled confirming our rights. we are now in danger of being in Italy illegally as his visa is due to expire, we told the officals this but they just shrugged, nodded and smirked. What do we do, do we go to the boarder and get an entry visa again? why arent these people aware of this directive? any advise would be most welcome!

Tobbe · Post by **Tobbe** » Tue Sep 16, 2008 10:18 am

I think Solvit should be able to help you out, drop them an email.

http://ec.europa.eu/solvit/site/centres ... .htm#italy

Richard66 · Post by **Richard66** » Tue Sep 16, 2008 4:05 pm

Can you speak Italian? The ones who can help you are www.tuttostranieri.it/forum You will also find me there.

You are quite right and this what they told you at Genoa is ridiculous. Your husband has the right to a CDS! I advise you to print and study the Decreto Legislativo 6 febbraio 2007, n.30. Take this to the Questura, get them to put down IN WRITING what they say. Go with a witness (not family). If they refuse to justify this in writing, call the Carabinieri (112) and denounce them for "Ommissione di Atto di Ufficio.

You'll see they change tune quickly.

To get my wife's permit all I did was ask for it. Simple as that! It was ready in 2 hours.

Anyway, visit that site. They do speak English.

charliebrown · Post by **charliebrown** » Tue Sep 16, 2008 8:48 pm

Thanks guys

have read the Decreto, how bloody infuriating! we are going back tomorrow armed with that. Solvit has also contacted us confirming our rights. Yesterday, we were completely shocked and dejected ready to go to Moldova! I even went to the British consulate for help, but they are, of course, completely useless, god help me if i ever get into serious trouble abroad, it seems they only help Non-British citizens...

Thanks again, i will let you know how i get on

Richard66 · Post by **Richard66** » Wed Sep 17, 2008 4:56 pm

My experience of the UK consulate and Embassy is that British citizens are definitively NOT welcome. "Why don't you go native and NATURALISE yourself" sort of atitude.

Do throw your weight about. Maybe in the UK this is not done, but in Italy it definitively helps.

ciaramc · Post by **ciaramc** » Thu Sep 18, 2008 1:25 pm

Believe me....I totally understand....even though my situation is slightly different!!! (my husband and I got married, even though he had no reident permit in Italy) Any way we did same thing went to Questura....after 2 years we were turned down!! Now appealing awaiting the outcome!

Get in contact with SOLVIT. They can not help me as I have already brought it to court!

But you should lodge a complaint with them and also the European commisson...about Italy!! They are terrible no body in the Questura has even heard of EC directive!

Richard was very lucky in his case as he got issued the permit without any problems!!

Richard66 · Post by **Richard66** » Thu Sep 18, 2008 3:01 pm

Well, maybe... The story is that, due to the HOLIDAYS of the British consul, my overpriced Nulla-osta (Â£180) was issued too late and consequently my wife's visa expired 20 days before our marriage (but it was still valid when we booked the cerimony). Seeing this coming, I spoke to someone, who spoke to someone else and... In the end we got an appoitment with someone big, who told us not to worry, that 20 days... Stuff and nonsense! If it were 3 months I'd say otherwise, but... Don't worry! I asked this personage if she should go back to Russia and get another visa. Don't, was the answer.

When we went to apply for the document the day after I noticed all the employees, after having gone to the back of the office, looked at us and smiled; it was obvious it was a real wedding.

I must say at the Town Hall all were very pleasant from the moment we booked the ceremony. After the marriage the town even gave my wife a 1 oz engraved silver plaque and a marriage certificate on parchment.

We applied for the CDS using the Libretto di famiglia, because the marriage certificate was not ready. And no nonsense about fingerprints either!

ciaramc · Post by **ciaramc** » Fri Sep 19, 2008 8:18 am

Richard, I'm not saying it is impossible!!! But you make it sound like its quite easy in Italy ....which it is not...you are one of the few people ....who successfully got their documents there and then!

You happened to be very lucky....because as you can see on the other website many people are having these problems hee (Italy)...becaus Italy has not been implementing the Directive correctly!

I'm simply advising the OP to get in contact with some people who can help her!

ciaramc · Post by **ciaramc** » Fri Sep 19, 2008 8:20 am

Also SOLVIT simply telling you that you are correct....is ok, but ask if they can do anything to actually help you????

SOLVIT always seems to be confirming peoples rights ....but what are they actually doing to enforce them????

86ti · Post by **86ti** » Fri Sep 19, 2008 10:46 am

ciaramc wrote:Also SOLVIT simply telling you that you are correct....is ok, but ask if they can do anything to actually help you????

SOLVIT always seems to be confirming peoples rights ....but what are they actually doing to enforce them????

You seems to misunderstand. That's not what SOLVIT does or can do. SOLVIT is merely an informal way for arbitration. They are supposed to contact the relevant authorities and remind them about the legal situtation if necessary. What you should get back is the legal opinion of the proper authorities or in your case obviously just what legally is supposed to be. SOLVIT cannot enforce anything. The are just mediators.

Richard66 · Post by **Richard66** » Fri Sep 19, 2008 4:35 pm

My experience of SOLVIT was that the Italian one contacted the British one, who simply gave them the official British line. In the end, they proved wrong.

86ti · Post by **86ti** » Fri Sep 19, 2008 4:43 pm

Richard66 wrote:My experience of SOLVIT was that the Italian one contacted the British one, who simply gave them the official British line. In the end, they proved wrong.

When I contacted SOLVIT Austria I had an interesting comment in a reply intended for someone else there. It said something like, 'You don'thave to input that to the computer now. This case is actually UK vs. Austria but I have to talk to the UK side to find out if they want to play it formally or if we do it just by ourselves.'

Richard66 · Post by **Richard66** » Fri Sep 19, 2008 4:49 pm

I'm not really sure I understand that comment from Solvit.

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Italian immigration help!!

Italian immigration help!!