mercoledì 22 giugno 2016

Becoming Italian citizens after getting married

Becoming Italian citizens after getting married is possible, however, this can only be done if one is to respect and follow the rules provided by the Act 91/1992. According to the act 91 of 1992, which is currently in function, Italian citizenship can be obtained through matrimony. 

The request must be submitted to the Prefect of the territory where the residence of the applicant currently is. Meanwhile, if the foreigner consort is residing abroad, the submission must be presented to the consular office of the territory in question. In addition to that, the decree granting citizenship will be signed by the Head of Department for Civil Liberties and Immigration.

As stated by the act, precisely at the article 5: “ The consort, foreign or stateless, of an Italian citizen may acquire Italian citizenship after having been legally (for a period of two years( in the territory of the Republic following his marriage. Or, after three years from the date of the marriage if living abroad. If, during that period there was no dissolution, annulment or termination of the civil effects of marriage. Also, if there is clearly no legal separation of the consorts.”

On the other hand, there are different requirements that one must have in order to gain citizenship through marriage. First of all, the applicant must be married with an Italian citizen for at least two years and must have continuos legal residence ( i.e. the possession of a valid residency permit and birth registration) in an Italian municipality for a period of minimum two years from the date of marriage. 

Italian citizens
Italian citizens

If one of the spouses has acquired Italian citizenship by naturalisation after their marriage, the calculation starts from the date of acquisition of Italian citizenship of the spouse, instead of the date of marriage.

However, if the consorts live abroad, the application for citizenship can be submitted after three years ( 18 months if there are children) from the wedding date to the competent diplomatic authority. If after three years spent living abroad from the date of the marriage, the spouses decide to transfer their residence in Italy without the foreign spouse having already applied for citizenship, this will be submitted to the competent Prefecture, when the applicant will comply with the rules of residency, and will be registered in the residency population data. Without the need of two years of legal residence in Italian territory.

The spouses will have to demonstrate that there has been no dissolution ( in consequence to the death of either or by divorce decree), the vice of revocation or legal separation sanctioned by a judge. Under any circumstance, it cannot be granted an Italian citizenship if the applicant has been convicted by final judgment for intentional crime with imprisonment of three years, political offences carrying a sentence of one year, or, offences against the personality of the State or any reasons related to state security.

The question of citizenship by marriage, as well as any other of its kind, provides for the payment of a contribution of 200 Euros, and must be submitted electronically, with all the useful information that can be found directly on the official website of the Ministry of Interior.

Cittadinanza italiana per matrimonio

Italian residence permit, increase in the application fee

Italian Government raises Residence permit fee


From May 2016 the fee to obtain the electronic Residence permit will be increased from the current € 27.50 to € 30.46, and this excludes all other permit-related taxes. Trade unions are on the warpath.

the fee to obtain the electronic Residence permit will be increased


The month of May has started with bad news for migrants who intend to apply for an Italian Residence permit. The government, led by Prime Minister Renzi, has decided on a small but concrete increase in the application fee.

The new figures


The new application fee for the electronic Residence permit, which is obtainable in Italy since last autumn, has been increase to € 24.56, to which one should add the VAT and a fixed postal commission of € 0.5, for a total of € 30,46. This is almost € 3 more than the previous € 27,50 fee.

The fees applicable for issue of a new permit or renewal of an expired one stay the same, and vary from € 80 to € 100 depending on the type and the length of the permit. All in all, the cost for a Residence permit is now between a minimum of € 110.46 for a one-year permit, € 130.46 for one to two-years permits and € 230.46 for permits of more than two years, like the business ones.

Additional € 30 can be added for the sending of an application or renewal “kit” through Poste Italiane (the national post service), as well as € 16 for the notary stamp.

The decision of the Court of Justice of the EU was ignored


These amounts will have a heavy impact on the migrants, especially in the light of last autumn’s decision by the EU Court of Justice that such costs were excessive and could damage the rights of migrants applying for Italian residency. 

This was the result of the Court accepting an appeal from employer’s organizations, and it should have had the opposite effect on the fees, but the government did not seem to have obliged to such decision – although there seems to be an open discussion at the Parliament.

This is why trade unions and employer’s organizations promised to be in the loop and to insist for a change. They deem it an operation only aimed at making revenue: “This looks like a bad joke at the expenses of foreigners, who have to pay these fees and then waste more time in applying for their refund from the EU Court of Justice”. 

In the meantime, they started a campaign to receive the refund applications from the migrants, and they invite the applicants and their families in their offices to apply also for the paid amounts of January 2012, when these regulations entered into force.

Costo del permesso di soggiorno, aumenti

martedì 14 giugno 2016

The times to get the Italian Citizenship

What Are The Times To Get The Italian Citizenship ?


Waiting times to get Italian citizenship vary primarily based on the attainment of minimum requirements. A foreigner who for example marries an Italian citizen, will be able to obtain residency in two years. In case of naturalization, the years required by Italian law are 10.

But there are others waiting times that are often not kept in mind by those who want to obtain Italian citizenship. After they have been met the necessary requirements to make the request to become to all Italians citizens effects, you will be further subject to other expectations because of the time required by Italian bureaucracy.

Italian Citizenship
Italian Citizenship

According to Law 362 of the 18/04/1994 art.3, the foreigner who has reached the necessary requirements to advance application for Italian citizenship, will have to wait up to a maximum of 730 days before of being accept the application and become all the effects of a citizen of the country.

Unfortunately, the facts show a very different reality.

The extra-EU citizen who is in a position to put forward a formal request, will have to undergo even more time than was already provided for by law. In fact, on average, spend 4/5 years before they see notify the grant.

These practices remain for years waiting to be inspected by the competent bodies, but then, when that happens, that errors or inaccuracies are found not on the demand for Italian citizenship, which will reject the request and will force the stranger to make over again their request.

With the assistance of an experienced immigration attorney can obtain Italian citizenship within two years (730 days from the application) speeding up the definition of the granting of citizenship

Tempi di attesa della cittadinanza italiana

  Italian Lawyer - Italian Immigration Blog




lunedì 13 giugno 2016

Income required for Italian citizenship

Question: What is the minimum income required to submit the application for Italian citizenship?

In the case of application for Italian citizenship for residence under Article 9 of Law 91 of February 5, 1992 it is necessary to possess a personal or family income in the last three years amounted to EUR 8.263,31 for the sole applicant.
If the citizenship applicant is part of a family unit, so if he is married or has children, then the minimum income for citizens is increased from € 8.263,31 to € 11.362,05. To the new minimum income of € 11,362.05 requested by the applicant with spouse, you will add up more euro 516,46 for each dependent child.
They must accompany the application for Italian citizenship tax models CUD, UNICO, 730 relative to the income of the last three years.
Italian citizenship

And possible to take into account the income of the entire family unit to which the applicant belongs Italian citizen when it is clear that there are other resources that form the income.
For the application for citizenship by marriage is not necessary a minimum income, being sufficient the status of the spouse with Italian citizen.
The minimum income for Italian citizenship is one of the requirements of the Law no. 91/92. To define the minimum income amount is Article 9 of the Law 91 of February 5, 1992, stating that the Italian citizenship applicant must have an annual personal income of EUR 8.263,31.
This income refers to only requesting Italian citizenship: you must therefore be attached to the citizenship required tax documentation (for example, the tax return or CUD or 730) which demonstrates that the applicant itself has said income.
Reddito minimo per cittadinanza italiana

  Italian Lawyer
 

domenica 5 giugno 2016

Italy receives the migrants

ITALY RECEIVES THE MIGRANTS SHIPWRECKED IN CRETE

Seven hundred people, following the International Migrations Organisation, were on board of the cargo ship Clipper Hebe, which sank near Crete on the 4th of June. 

It is one of the worst episodes ever happened in the Mediterrean, which lets us wonder of a very difficult summer, for both the Italian and Greek. 

The are only 350 survivors, and as they arrived they told to the Greek Coast Guard, to be on their way to Italy. The authorities of both countries found an agreement as soon as possible, and decided to bring the migrants to Italy.

RECEIVED IN THE “BEL PAESE” 

President of Council Matteo Renzi, immediatly after hearing the news, gave orders to have the migrants brought to Italy at the Augusta port. In the morning of the 5th June, the 350 survivors finally arrived on the sicilian coast.

Migrant Law, Italy
Migrant Law, Italy

The power of attorney of Siracusa has opened the invastigations on the case in order to identify the migrants and to find the responsibles. 

Human Right Watch and other humanitary organisations talk about a minimum of 800 dead people in the Mediterrean in last week. In the meanwhile, the number of migrants arrived on italian coasts raised by 4% on an annual base. 

Moreover. on the 4th of June other 350 migrants were succored in the Channel of Sicily, south from Capo Passero.


CONTROVERSIES AND GESTURES OF SOLIDARITY 

The decision to bring the survivors of the Crete tragedy in Italy provoked very strong controversies. The first one to tell his vision about the whole story is the Senato vice-President, Maurizio Gasparry, who declared “It’s a shame. 

Even if shipwrecks occur in Crete, migrants are brought to Italy and not towards the closest places. It’s really the last straw.” 

On the other hand, there are still ones who want integration and move in that direction, like the President of the Republic, Sergio Mattarella, who inaugurated a museum of immigration on the Island of Lampedusa on the 3rd of June.

Migranti e profughi dalle coste cretesi accolti in Italia

  Italian Lawyer - Italian Immigration Blog
 

giovedì 13 agosto 2015

Italian Citizenship : How To Speed Up The Waiting Time


Italian Citizenship

The waiting time to get Italian citizenship is rather long.

In addition to the period required to meet the legal conditions, foreign citizens are expected to wait for further 730 days before having their application to become Italian citizens accepted.

However, the facts amply demonstrate that two years are not enough and deadlines are hardly ever respected. Foreign citizens may have to wait up to five or six years before receiving a “yes”.

The reason for these long bureaucratic waits is the rising demand from foreigners to get Italian citizenship. On the other hand, there is an inadequate number of people in charge of processing the requests, implemented for this reason a few months ago.

Although new laws were made to speed up the process, the waiting time is still extremely long. So here are two tips to help you reduce it or, at least, not exceed the limit of 730 days required by law.

How to speed up the waiting time

Is there a way to speed up the waiting time for foreign citizens who want to get Italian citizenship?

First and foremost, make sure you have not made any ​​mistakes in filling in the application to submit to the competent department. We recommend seeking help from a legal specialist.

Specialized assistance in this case can mean a lot as it can reduce the risk of further revisions to complete documents or information, which would unavoidably extend the time for your application to be accepted.

The second thing to do is to solicit the competent department as soon as the 730 days required by law to get Italian citizenship expire, so that your application can proceed without undergoing an unnecessary period of immobility.

velocizzare la pratica di cittadinanza 
(italy version)

citizenship
(english version)


  Italian Lawyer
 

mercoledì 12 agosto 2015

Peruvian citizens in Italy without visa

Peruvian citizens in Italy without visa (new italy immigration rules)

Short visits in the Schengen area will be deregulated starting from January 2016

The deregulation concerns short stays (not more than 90 days) in Italy

The exemption from the obligation to be provided with an entry visa concerns only the holders of biometric passports that will be issued starting from November 2015.

The Peruvian community for number of presences ranks eleventh in Italy

The European Commission resolved that the obligation to be provided with a visa is no longer justifiable due to the low level of risk as regards security and illegal migration, also assessing the potential economic benefits for the Countries involved.

  Italian Lawyer - Italian Immigration Blog
 

mercoledì 11 marzo 2015

Family joining procedure and residence permit

Foreign nationals applying for family reunification shall also show the availability of a minimum
annual income deriving from legal sources and not lower than the annual amount of the social allowance for each family member intending to be reunified.

This income parameter is updated every year.
The necessary income increases according to the number of family members that intend to be reunified.

Following the reassessment of the social cheque for year 2015 ,equal to 5,830.76 euro.
The income parametres necessary for joining one or more family members have been updated.
In order to apply for family joining it is necessary to have a gross annual income not lower than :
  • 8,746.14 for the joining of 1 family member
  • € 11,661.52 for the joining of 2 family members
  • € 14,576.9 for the joining of 3 family members
Entry visas shall be applied for by foreign nationals regularly residing in Italy by submitting the application for family reunification by using the online procedure available in the website of the Ministry of the Interior.

Family reunification may be applied by foreign nationals holding a residence permit with a validity of at least one year. Foreign nationals in Italy may apply for the reunification of some family members abroad, including : spouse aged at least 18 and with which no legal separation is in place. The children that at the moment of the application for reunification are under 18 years of age, including those of the spouse or born from another partner.

Adult children who are dependents on the foreign national living in Italy in case they, for objective reasons, are not able to meet their basic needs for serious health problems entailing total disability. Parents who are dependents on the foreign national living in Italy or parents aged over 65, in case there are no other sons able to support them in their country of origin, or if other children are not able to support them for serious and documented health problems.

  Italian Lawyer
 

sabato 7 febbraio 2015

2014 Flows Decree

On 29/12/2014 a new decree was published concerning the programming of entry flows for non-community workers as regards non-seasonal employment.

On the basis of the new decree, 17,850 foreign workers will be authorized to enter Italy for non-seasonal subordinate work and autonomous work.
The total quota is divided as follows:

 1,000 foreign workers that completed training and education programmes in their Countries of origin pursuant to art. 23 of legislative decree n. 286 dated 25 July 1998 ;

 2,400 autonomous workers ;

 100 foreign workers, for non-seasonal subordinate work and autonomous work, of Italian origins on the part of at least one of the parents up to third grade in direct line of ancestors, resident in Argentina, Uruguay, Venezuela and Brazil. 

Italian Lawyer
 

Instances of citizenship online from April 2015

Instances of citizenship - questions online from April 2015 The Home Office has announced the activation, from next April, a new system of compiling and submitting applications for citizenship. Currently instances are submitted directly to the Office with a paper model. This will allow a considerable simplification of procedures of citizenship and allow applicants to proceed with the submission of applications from home.

Italian Lawyer