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-   -   Can my son really be kicked out of Italy? (https://britishexpats.com/forum/italy-77/can-my-son-really-kicked-out-italy-941016/)

ameliapond Oct 9th 2021 7:26 am

Can my son really be kicked out of Italy?
 
Both me and my son have permanent residency in Italy since 2016 as I married an Italian citizen, so more than 5 years ago. My son will turn 18 soon, and a lawyer (a lawyer online I should add..) mentioned to me that my son when 18 will technically lose his rights to remain in Italy once he has finished his course of studies, unless he can prove he has a certain revenue. I should mention that none of us have ever applied for permesso di soggiorno illimitato, and for personal and complicated reasons I prefer not to ask for dual citizenship myself.
I've enquired with the local prefettura whether my son can ask for Italian citizenship (so dual citizenship) but they can't tell me whether (now that the UK is not part of the EU) the 4 year requirement still applies, or it became 10 years as for non EUs.
I'm just thinking what if something happened to my husband, if the above is true it would complicate things massively. The prefettura not knowing this information was a bit laughable to be honest, they advised me to contact the British Embassy for understanding how the EU-UK agreements are on this matter, which I just did through their online form, but maybe someone went through this already and can share their acquired knowledge. Thanks.

modicasa Oct 9th 2021 7:51 am

Re: Can my son really be kicked out of Italy?
 
I would doubt it if you can prove your were resident before Brexit, and your son has a carta d'identita (which he should have had since he was 14), then under the Brexit agreement he has permanent residence status - he will need to get the permanente residence card and/or a permesso di soggiorno illimitato. Thats my reading of the law, and I am not a lawyer, but he fulfills the residence requirements as laid down in the WA.

ameliapond Oct 9th 2021 8:07 am

Re: Can my son really be kicked out of Italy?
 
Yes he has a carta di identità issued in January 2017 by the municipality where we live.

pugliese Oct 9th 2021 8:50 am

Re: Can my son really be kicked out of Italy?
 
Does your son want Italian citizenship?

ameliapond Oct 9th 2021 9:05 am

Re: Can my son really be kicked out of Italy?
 

Originally Posted by pugliese (Post 13060050)
Does your son want Italian citizenship?

Yes. But that doesn't matter as I decide for him :) No jokes aside he does want dual citizenship, he would like to have the option in the future where to settle, why are you asking?

pugliese Oct 9th 2021 9:36 am

Re: Can my son really be kicked out of Italy?
 
I was reading this page

https://www.inps.it/pages/standard/51985
come ottenere la cittadinanza italiana

and you would be entitled to Italian citizenship (but you don't want it) through marriage and residency but the question is whether this right is passed on to your son ......

37100 Oct 9th 2021 11:17 am

Re: Can my son really be kicked out of Italy?
 

Originally Posted by modicasa (Post 13060043)
I would doubt it if you can prove your were resident before Brexit, and your son has a carta d'identita (which he should have had since he was 14), then under the Brexit agreement he has permanent residence status - he will need to get the permanente residence card and/or a permesso di soggiorno illimitato. Thats my reading of the law, and I am not a lawyer, but he fulfills the residence requirements as laid down in the WA.

I agree with Modicasa. I doubt that he can be thrown out. Especially if he is your dependent. Get the WA card.


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