Italian law in this case has a fairly simple bureaucratic process to follow. The Civil Code provides that an alien who is married to an Italian city or town must submit a few documents
What documents do I need?
§ valid ID at the international level, therefore, a passport
§ birth certificate from their country of origin translated and authenticated at the Italian Embassy in the country of origin
§ clearance from the country of origin (document issued by the offices of competence relevant to our Registry Office) which that there are no impediments to marriage under the laws of the country of origin and that therefore the person is free to marry.
These certificates must be both translated and authenticated at the Italian Embassy in order to be accepted by the registrar of the municipality where the bride and groom are going to ask for publications marriage. The two certificates can be requested through a proxy with power of attorney to a relative or countryman at home and will look to take advantage (in Senegal certificates can be requested by a relative without delegation) and, subsequently, will be presented to the Italian Embassy present in that country to demand the legalization of which is that the translation is validated. Will then send them to Italy.
Where to go?
Upon obtaining the necessary documents, the person concerned with the future spouse, will present at the place of residence the wife or husband to request the registrar of the marriage banns. The publications are required to fulfill an Italian law and are intended to warn the community to make it possible to present any obstacles before the marriage to be.
The registrar may not refuse to proceed with publication, even if a person has a valid residence permit .
The law provides for a period of not less to 10 days, including two Sundays, the date of the publication date of the marriage. Even the more recent judgments confirm that in case of marriage and cohabitation is not no way to run the expulsion measure. Experience teaches us that often enough publications attest to this situation and therefore to avoid a deportation order, much less a forced return.
To obtain a residence permit the foreign national must, after the wedding, go to the police
What happens if there is a previous deportation order served?
Article .19 of Consolidation Act on Immigration , expressly provides for the prohibition against deportation of foreign nationals who are living with an Italian spouse. The article also states that persists after the marriage and cohabitation between the spouses is required to issue a residence permit for family reasons also valid for employment purposes. It 'good to remember that until the marriage is was celebrated those who received a deportation order may still be at risk and those who return has never received a notification could have it.
Once submitted the application for a residence permit for family reasons will be given a receipt stating the question: with this receipt is not yet possible to work regularly. will be possible only after obtaining permission to stay.
With the residence permit for family reasons (issued as a result of family reunification or marriage to an Italian citizen / a) can play immediately work and also work independently. A confirmation to this effect is found art. 6 paragraph 1 of TU where it is specified that "The residence permit for employment, self employment and family can also be used for other permitted activities. That issued for the purposes of study and training can be converted, however, before its expiry date and after the conclusion of the contract to stay for work or by the release of the statement certifying that the conditions laid down in Article 26
To further confirm that Article. 14 of the Implementing Regulation (DPR 394 of 31/08/89) provides that "the residence permit for employment or self-employment and family reasons can also be used for other activities permitted to an alien without conversion or rectification of the document, for the period of validity of itself. " In other words, it is clear that a person holding a residence permit for family reasons can immediately perform a job and must not, until the residence permit is valid, go to the Police to change the permission on grounds of family employment. As there is no waiting time related to the need to modify the permit, it is clear that can go to work immediately.
Upon expiry of residence permit for family reasons (eg. In case of separation or divorce), if the person is carrying out of regular employment, must provide the renewal of residence permits for employment directly. At Similarly, if the person in possession of a residence permit for family reasons is taking place at the expiry of his permit a self-employed, are provided directly to the renewal on grounds of self-employment. This is stated more art. 14 para 3 of the Regulations for Implementation, where it states that "with the renewal shall be issued a new permit for the work actually performed."
Then there is the concrete possibility but only at the expiry of a residence permit for family reasons, to perform the procedure modulated renewal from time to time depending on the activity actually carried out upon request.
Example: we can imagine a person who marries a citizen or an Italian citizen in this way and get a residence permit for two years, renewable after a year and a half we decided to separate. After two years, the person no longer prompt renewal of a residence permit for family reasons, but by submitting an employment contract for employment or by submitting appropriate documentation for self-employment.
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