# Help needed



## Gtdonna (Nov 23, 2011)

As I said in the introduction thread, I was living in Italy from 2000 - 2008 and then left to work. However, my daughter remained here. She now goes to school here...however, we never got our residence card because the person I came to live with did not want to renew it. he wanted my daughter to stay and me to leave since my daughter grew up as if she was his own child. So I left to avoid problems and now uses visa to come back and forth to visit my daughter.

Even though I signed a document for 'tutela' we are having problems getting her a permit of stay and have gotten the services of a lawyer to work on this, but one judge is saying my absence is temporary and the Questra says my permit of stay for work should be applied for again. I am confused.

My question is, should she get her permanent residency, can I apply for the residency under Ricongiungimento familiare as I am her mother and has sole custody of her?


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## Arturo.c (Aug 15, 2010)

Gtdonna said:


> As I said in the introduction thread, I was living in Italy from 2000 - 2008 and then left to work. However, my daughter remained here. She now goes to school here...however, we never got our residence card because the person I came to live with did not want to renew it. he wanted my daughter to stay and me to leave since my daughter grew up as if she was his own child. So I left to avoid problems and now uses visa to come back and forth to visit my daughter.
> 
> Even though I signed a document for 'tutela' we are having problems getting her a permit of stay and have gotten the services of a lawyer to work on this, but one judge is saying my absence is temporary and the Questra says my permit of stay for work should be applied for again. I am confused.
> 
> My question is, should she get her permanent residency, can I apply for the residency under Ricongiungimento familiare as I am her mother and has sole custody of her?


Dear Donna,

You left out a few essential details about your case (e.g.: Is your daughter's father an Italian national?), and therefore I can't give you a definite reply.

Furthermore, it's unclear what you mean when you say that you signed a document for _"tutela"_. Do you mean that you gave the other person legal guardianship of your daughter?

I have also problems understanding this statement of yours: _"we never got our residence card because the person I came to live with did not want to renew it"_. Does it mean that he did rather prefer to let his permit of stay expire and then willingly become an illegal immigrant in Italy?

Even if he did, which I find hardly believable, you could have applied for your residence card regardless, because your residence status in Italy is not linked to the fact that you are living with another person or on your own. IMHO you should have gone to the "Questura" and try to sort out the issue by yourself, rather than quitting and leaving your daughter behind.

As I said, there are many things that don't add up to me, so if you could be more specific about times, places and details, I could give you some more detailed advice.


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## Gtdonna (Nov 23, 2011)

Arturo.c said:


> Dear Donna,
> 
> You left out a few essential details about your case (e.g.: Is your daughter's father an Italian national?), and therefore I can't give you a definite reply.
> 
> ...


Arturo, thanks for your kind reply. I came to Italy in 2000 under a work permit with my daughter, so no my daughter is not Italian born and our permit of stay was current up until 2008 when he refused to renew it - she is on my work permit too. I could not do it myself as the employer had to renew it and show the INPS receipts etc and he refused to as he wanted a relationship with me and I did not.

Now since my daughter is a minor, he thought that given she was so long in Italy, he could get a permit of stay for her when she turned 14 and didn't had to get one for me as she is going to school here. So yes I left to go and work in another country and she remained. However, Questera said no, so he asked me to do a Tutela so that he can be her legal guardian here while I am away temporarily for work which he thinks can get her the permit fo stay. Please note that is while I am temporary absent from Italy and does not take away custody from me, it only ensures that there is an adult here in Italy looking after her interest and it was only done last year.

So now he and the lawyer he has hired believe that a judge can say yes and grant him the 'tutela' as right now it is just a document we draw up at the notoria. and meanwhile I travel back and forth on a Italian visa. 

To be honest, I did realise i should have done the renewal myself, but then how could I without the INPS receipts he had. I also thought I was keeping my daughetr interest at heart since he said no one can remove her from italy as she is a minor.

Hope this gives more insight into the case.


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## Arturo.c (Aug 15, 2010)

Gtdonna said:


> Hope this gives more insight into the case.


Dear Donna,

I find your reply very unsettling, because what you are basically saying is that your employer (which I now assume is Italian) tried to blackmail you into a reliationship with him (e.g.: _"either you sleep with me or I won't help you get your visa"_).

The obvious course of action in this case would have been to go to the police and report this, because it's a crime to force anybody into a relationship under threat. Furthermore INPS keeps records of the payments and if your employer refused to give you the receipts, you could have applied for copies of them directly at INPS.

In Italy there are non-profit associations (such as ANOLF) who help immigrants who have issues with their employers to work out things and fix their paperwork. Have you ever tried to approach one of those?

In my opinion you shouldn't let your daughter live with the man who sought to take advantage of you. He could go to a court and apply to legally adopt her, stating that you abandoned her. You better take action fast...


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