# marriage visa



## yosheryosh (Mar 4, 2013)

If I am italian, and marry my girlfriend... 

1) after the marriage is signed is she immediately allowed to stay in italy legally?

2) if not, how long for her to obtain the paperwork to allow her to live in italy legally? (visa, or something else?)


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## accbgb (Sep 23, 2009)

She can only remain in Italy for as long as the visa with which she entered was valid. For example, if she enters on a 90 day tourist visa exemption, she must exit the EU/Schengen area before the 90 days expires.

It is my understanding that, once married, she would have to return to her native country and request a proper Family Reunion/Accompanying Spouse visa. She can then reenter Italy and apply for a PdiS based upon her new visa. However I am not entirely certain that this procedure is necessary.


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## accbgb (Sep 23, 2009)

Oh, since you say that you are expat in Spain - is it your intention to remain in Spain while your new wife settles in Italy?

You can't do that. As a non-EU citizen, your wife must live with you. She would have no (immediate) legal standing to remain in Italy on her own.


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## yosheryosh (Mar 4, 2013)

accbgb said:


> It is my understanding that, once married, she would have to return to her native country and request a proper Family Reunion/Accompanying Spouse visa. She can then reenter Italy and apply for a PdiS based upon her new visa. However I am not entirely certain that this procedure is necessary.


Hi, thanks for replying

She can't just do this in Italy or at a consulate since we will be husband and wife?

How long to receive this once married?

(we would both live together, as I will be moving to Italy)


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## BBCWatcher (Dec 28, 2012)

accbgb said:


> She can only remain in Italy for as long as the visa with which she entered was valid.... However I am not entirely certain that this procedure is necessary.


It's not. Once married, she can apply for a residence permit in Italy. There's no need for her to depart Italy to obtain a visa. As soon as she's married to and co-resident with an Italian citizen (or to/with an EU/EEA citizen exercising his/her treaty right of residence), that visa clock stops and she has the right to stay.


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## Bevdeforges (Nov 16, 2007)

I don't know about Italy necessarily, however the EU rule only applies to the non-EU spouses of EU nationals who are settling in a different EU country than the EU spouse's home country. Each EU country is free to set their own requirements for the spouse of one of their own.

Your best bet would be to ask the Italian consulate in whatever country your fiancé is currently resident in. It's possible that the Italians extend the EU rules to spouses of their own nationals, but probably safest to at least ask the question first.
Cheers,
Bev


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## yosheryosh (Mar 4, 2013)

Thanks for the replies

I'm really wondering about a time frame - if anyone has experience or knows...

after we sign the marriage papers what is the time frame for her to be 'legal' in italy. how long does this process take (any guesses or someone with experience)


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## Caerus (Nov 11, 2013)

I'm guessing.

If, as stated above, she doesn't need to leave but can apply for residency immediately, she is legal immediately. She just needs to wait for the paperwork to be completed. Time required for that, in Italy, from what I hear, is anybody's guess.


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## BBCWatcher (Dec 28, 2012)

Bevdeforges said:


> I don't know about Italy necessarily, however the EU rule only applies to the non-EU spouses of EU nationals who are settling in a different EU country than the EU spouse's home country. Each EU country is free to set their own requirements for the spouse of one of their own.


I do know about Italy. Italy does not treat its own citizens (and their foreign spouses) worse than how they'd treat similarly situated EU/EEA citizens. The U.K. does, but Italy is not the U.K.

I'm quite sure about this.


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## BBCWatcher (Dec 28, 2012)

yosheryosh said:


> after we sign the marriage papers what is the time frame for her to be 'legal' in italy.


She is "legal" immediately upon marriage and co-residence, with the right to stay. She is _obliged_ to apply for a residence permit to _document_ her right to stay.

Said another way, if she accomplishes step 1 (marriage and co-residence) then she cannot break any immigration-related laws relating to overstaying. She has the right to stay. However, if she fails to file for a residence permit in timely fashion then she could have difficulty enjoying the privileges of staying in Italy (e.g. enrolling in the public health system, taking employment, travel within the EU/EEA), and she could potentially be fined.

It doesn't actually take very long to get a PdS application ready and submit it. Once she has the application receipt for her PdS in hand, she's completed her obligation.


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## yosheryosh (Mar 4, 2013)

BBCWatcher said:


> She is "legal" immediately upon marriage and co-residence, with the right to stay. She is _obliged_ to apply for a residence permit to _document_ her right to stay.
> 
> Said another way, if she accomplishes step 1 (marriage and co-residence) then she cannot break any immigration-related laws relating to overstaying. She has the right to stay. However, if she fails to file for a residence permit in timely fashion then she could have difficulty enjoying the privileges of staying in Italy (e.g. enrolling in the public health system, taking employment, travel within the EU/EEA), and she could potentially be fined.
> 
> It doesn't actually take very long to get a PdS application ready and submit it. Once she has the application receipt for her PdS in hand, she's completed her obligation.


wow perfect, just the answer i was looking for. thanks!


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## BBCWatcher (Dec 28, 2012)

Just to give a slightly more complete answer, here is what she will need to apply for her Carta di Soggiorno (residence permit):

1. Legal entry into Italy. Always a requirement -- it's the law -- but I'm stating it for completeness. If she doesn't need a visa to visit Italy because her citizenship is with one of the Schengen visa waiver countries, that's perfectly fine. Note that if she does not enter the Schengen Area in Italy (and thus get a stamp in her passport from Italian passport control) then she'll need to stop by the questura (police station) within 8 days of arrival in Italy to make a "dichiarazione di presenza" (declaration of presence).

2. Photocopy of her passport's data page and either her Italian entry stamp or her dichiarazione di presenza.

3. Four (4) passport sized photos (3.5 x 4 cm).

4. Photocopy of her Italian marriage certificate. (But just get an extra original copy and submit that because they're free or almost free from the Ufficio dello Stato Civile in the commune.)

5. A copy of your residential registration in the commune (at the Anagrafe).

6. A completed CdS/PdS application form and (possibly) some euro to pay an application fee.

That's it. She submits that package at either the post office or questura -- her choice depending on whichever is more convenient/has a shorter wait -- and collects her CdS/PdS receipt when she submits her application. Even with the receipt she can immediately enroll in the public health system, exit/reenter the Schengen Area without overstay restrictions or problems (though she's still subject to 90 day limits outside Italy but within the Schengen Area), take employment in Italy, etc. Her CdS or PdS card will be ready fairly quickly. She may need to renew her card periodically, but the first one should be good for at least a couple years. If she wants to dispense with the whole CdS/PdS renewal bureaucracy (even though it's not much) then she has a ~4+ year path to eventual Italian citizenship via marriage to you.

As a separate issue, please note that women marrying in Italy keep their birth (maiden) surnames. If she wants to change her surname elsewhere (e.g. in the U.S.) she can, but I do not recommend that since then her legal name would be different in different countries, and there is some potential for confusion. "When in Rome..." as it were.


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## yosheryosh (Mar 4, 2013)

Sorry to bump an old topic, but one question about this:



BBCWatcher said:


> exit/reenter the Schengen Area without overstay restrictions or problems


So with the residency permit we can go to her home country for a month vacation and return no problem?

Her home country has no 3 month visa agreement with the EU and it was very difficult for her to come travel here. So I'm basically worried once we leave, if we will be allowed back in!


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## BBCWatcher (Dec 28, 2012)

yosheryosh said:


> So with the residency permit we can go to her home country for a month vacation and return no problem?


As long as your residence permit and passport are still valid, there's no problem with Italy. If the other country wants to draft you into its military, arrest you, or otherwise prevent your return to Italy that's up to that other country's government.


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## yahya khan (Apr 28, 2015)

Hi to all I have couple s of questions 
First religious marriage is acceptable in italy ?
Whats dacuments I need to marry here I. Cival registry
And I have shagour and does have passport is it ok ?
I am going to marry with eu and we want to apply here for our shagourno and whats we need for thats I mean job of her or not 
And how long its take 
Thanks


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