Italy eu family member residence card .exired visa

sierra · Post by **sierra** » Mon Sep 10, 2012 9:58 am

hi and thanks in advance for replying
we are in italy i am british citizen and my spouse is third country non eu national from pakistan .
i stated business over here in italy got house and applied for registration as eu citizen at local commune and my card wil come soon by commune.
we went to local police station to apply for my husbands residence card family member eu citizen.
they said at that time we need to be registerd at commune after that we can apply for card.
after getting registerd at anagrafe in commune when we went back to police station they are saying marriage certificate needs toi be translated and legalised by italian embassy in pakistan .
now my husbands schengen visa is going to expire in 2 days and sending documents back to pakistan and getting legalised by embassy takes 4 weeks .
when documents will be back from pakistan his visa will be expired is it going to be a problem to submitt for residence card while his visa is expired or will it be ok .and they will process the card .

sum1 · Post by **sum1** » Mon Sep 10, 2012 10:20 am

Under EEA law the rights of non-EEA national family members are based on the family relationship and are thus not a matter of holding proper documentation. So from the legal point of view your spouse is save provided the Italians raise no doubt against your marriage.

toto italy · Post by **toto italy** » Thu Sep 13, 2012 8:04 pm

Hi,
Firstly did you marry here in italy? if yes then you dont need to send any documents back to Paskistan to legalise.

It is strange as you and your husband already live in Italy. If he has a visa and you are applying for a residence permit for spouse of an EEA natioanl all you need to do is submit your wedding certificate, your family status from your comune and a copy of his passport and yours. Its better if you highlight your clearly. Did you just marry, or you being married for awhile now etc. With that a proper advice can be given.
Cheers,

sierra · Post by **sierra** » Fri Sep 14, 2012 4:52 pm

hi toto italy many thanks for reply and we did not get married over here in italy we got married in pakistan and we got a son also he got british passport also.
my husband got schengen visa from pakistan and we came to belgium and from belgium we came to italy i started import export business over here in italy i as british citizen went to commune and applied residence at angarafe i got receipt for that as we got married in pakistan and our marriage certificate is issued in pakistan local qustura ask send it to pakistan get italian translation and then get legalization from italian embassy and than we can submit application for my husband soggirno .and process to get translation and legalization wil take 45 days in totaly .
now my husbands visa got expired also.
we were considering to get married again to get italian certifate of marriage to skip translation and legalization but could not find how thats going to work so we send our marriage certificate to pakistan now embassy is asking authority letter to send from italy and it should be stamp by commune its going to take more time to send it and it cost 60 euro to post it to pakistan by dhl .
i think we should get married our here to get italian matrimonial certificate that will be a lot easier but in local commune the already got our marriage certificate from pakistan and child birth certificate they got all details .if we get married over here again is it going to be a problem as we are already married .thanks

toto italy · Post by **toto italy** » Fri Sep 14, 2012 7:32 pm

Hi Really its strange as you dont need to send the documents back to Pakistan to get residence permit. Ifhe was applying for Italian citizenship then its normal for them to ask you to. Since you already married in pakistan you are only suppose to send the documents to the Pakistani embassy / consualte in Italy for legalization and translation, not that they should ask you to send the documents back to pakistan. You dont need to marry twice. You case is straight forward. You already married and hes applying for residence permit for spouse for an EU national. I live in Italy also and faced similar situation. Wsat i did was do the translation and legalization from the my embassy here in Italy and then submited it, wiht that of the status di familia to the local preffetura. You know in Italy, the public officials are not even well informed about the rules and processes ofdoing things.

sierra · Post by **sierra** » Fri Sep 14, 2012 9:59 pm

hi toto italy
many thanks for the reply when did you apply for eu spouse residence card may be since than rules are changed as our marriage certificate is in english and urdu both and its legalized by pakistan foreign office pakistan embassy in rome can legalise in 2 days .
in local commune our marriage dates place of marriage every thing is registerd and even local commune said to us our application should be submitted they can issue us certificate also .
the day when we have been to local police station the man who was dealing with custumers he did not have enough knowlegde he was not italian he was tunisian and even he could not understand that my husbands visa was expiring within 2 weeks he was saying visa will expire after 3 months despite that date was due to end after 2 weeks .
what will you advise us shall we try again going to qustura or any where else as not many people know about eu family member residence card over here .

toto italy · Post by **toto italy** » Sat Sep 15, 2012 12:23 pm

Hi, I would advice to back back to the Questura and see a Manager. Just explain in details your situation not to a clerk that don't know anything. Like you know sending anything back his country will take minimum 4 weeks. You husband is not applying for Italian citizenship, so they can't ask him to legalise documents back in his home country except the law has changed. I did mine in Napoli and it was in 2009.

sierra · Post by **sierra** » Sat Sep 15, 2012 2:17 pm

hi toto italy many thanks for the reply and on monday i will try to go back to questura and ask them again but it seems difficukt that we will be able to speak to superviser as the person who checks documents at front desk he wont allow to see us before as well and he is not italian i think from morroco his job is to check appoints made etc but will try on monday again and we got another problem its italian language barrier as we cant speak italian and they cant speak english i will take smeone with us who can speak english and italian.
what you think that expired visa of my husband is going to be a problem as when we send documents back to pakistan his visa has been already expired .
and we are planing to travel in 2 months time also i hope my husbands residence card comes quick once we applied

sierra · Post by **sierra** » Mon Sep 17, 2012 5:54 pm

hi uick update
today we have been to uestura police station again and we told them despite that we have sentdocuments back to pakistan it can take upto 6 to weeks for legalization by embassy their interpreter told us as you both have child together and our son is born in england and on birth certificate dads names appear ger family certificate froom local commune and your non eu husband can apply for residence permit under cu child now its confusing for us that what is eui child category and what kind of card will be issued under that category or will it be better to get documents translted into italian and legaslizaed by italian embassy in pakistan as we never heard of eu child residence permit for father .
and as we want to either use surrender singh route back to uk or at least my husband should be allowed into ieland free enrty residence card should be issued under article 10 eu family member .
but what category eu child residence permit comes .
and biggest problem over here they dont speak any english god help us

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Italy eu family member residence card .exired visa

Italy eu family member residence card .exired visa