# Leaving Italy while waiting for my permit to stay application



## yukilemon (Nov 29, 2013)

Hi all,
My name is Yuki, I'm a Malaysian living in Italy in the past three years. I just married my Italian boyfriend and is going to change my permit to stay (my previous one was a work permit) to family reunification (sorry, I'm so sure if this is how they called it). 

My question is, can I leave the country while waiting for my turn to apply for the permit to stay? Unlike my previous permit to stay, I do not need to apply the family reunification permit to stay at the post office. We went to the Questura and was given an appointment in Dec 2015. The questura did give us a document indicating the appointment and nothing else. The problem is, we already planned our wedding ceremony in Malaysia this coming November. So, without a permit to stay, I doubt the immigration officer at the border will allow me to get in Italy again, unless using my 3-month visa-free tourist status (PS: Malaysians do not need a visa for less than 3-month stay in Italy). 

We spoke to the officer from the questura and was told that the document indicating the appointment should be sufficient for me to re-enter Italy. However, we doubt it, as the officer herself doesn't look convincing and kind of not sure. 

Anyone has similar situation or able to offer me some advices? 

Thank you in advance.


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## BBCWatcher (Dec 28, 2012)

yukilemon said:


> My question is, can I leave the country while waiting for my turn to apply for the permit to stay? ....We went to the Questura and was given an appointment in Dec 2015. The questura did give us a document indicating the appointment and nothing else. The problem is, we already planned our wedding ceremony in Malaysia this coming November. So, without a permit to stay, I doubt the immigration officer at the border will allow me to get in Italy again, unless using my 3-month visa-free tourist status (PS: Malaysians do not need a visa for less than 3-month stay in Italy).


No problem. Citizens of Malaysia do not need a visa for short stays in the Schengen Area, as you point out. When you travel back to Italy, simply bring an official copy of your marriage certificate and, optionally but preferably, a copy of your questura appointment document for December. Though it's possible you'll have a discussion with the officer at entry, you'll be allowed in.

Please make sure your husband registers the marriage in Italy via the Italian embassy in Kuala Lumpur. The embassy provides a form and instructions here ("Richiesta connazionale trascrizione atti stato civile"). He can even do that by mail if he's unable to stop by the embassy personally. Note that it's his legal responsibility to register his marriage -- Italian law requires him to do that.

If his commune of residence can prepare an Italian copy of your marriage certificate so that you can carry the Italian version with you when you reenter Italy, great, fantastic. But that's optional and will take some time anyway, so don't worry if you can't get the Italian version right away. You will probably need the Italian version for your December appointment at the questura, so I do not recommend that either of you delay any step in the marriage paperwork process from Malaysia via the Italian embassy to Italy. If for some reason you don't have the Italian version of your marriage certificate for your December appointment you can simply reschedule your appointment at the questura. As long as you have your appointment within 90 days of arrival in the Schengen Area and get a PdS application receipt, no problem.

When you return to Italy, if you're not flying to Italy directly (and thus do not get an Italian stamp in your passport when you arrive), stop by the questura within 8 days to get a "dichiarazione di presenza." That'll make sure that Italy knows you arrived, and they need to know that when you apply for your PdS.

If for some reason the airline flying you back to Europe sees that you're on a one-way ticket and doesn't like that fact, no problem. First, try providing them a copy of your questura appointment document and marriage certificate (Malaysian or Italian). If that doesn't work, be prepared to buy a fully refundable return ticket, on a credit card for example. After you arrive in Italy, apply for a ticket refund, and notify your credit card company to place a "hold" on the charge until the refund appears back on your credit card.

Congratulations on your upcoming wedding!


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## yukilemon (Nov 29, 2013)

Thank you very much for your detailed reply. It is very helpful. For your information, we already registered our marriage with the city hall here (the ceremony will take place in Nov in Malaysia), so we do have the Italian marriage certificate. We are just worried that the appointment letter with the Questura might not be sufficient for me to re-enter in November. 

Anyway, you sort of clear off our fear on this since you mentioned that the appointment letter and our marriage certificate should be sufficient for me to re-enter. 

Thank you so much for the respond, do appreciate it very much.

Have a great day ^^


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## BBCWatcher (Dec 28, 2012)

OK, fantastic. That means you're legally married (in the civil sense) and are going to have a ceremony with friends and family in Malaysia, presumably. The Italian government doesn't particularly care about the big wedding party -- they want evidence of civil legal marriage -- so you're truly all set to go already. Easy.

Note that the _dichiarazione di presenza_ advice above still applies if you're not entering the Schengen Area in Italy.


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## yukilemon (Nov 29, 2013)

BBCWatcher said:


> OK, fantastic. That means you're legally married (in the civil sense) and are going to have a ceremony with friends and family in Malaysia, presumably. The Italian government doesn't particularly care about the big wedding party -- they want evidence of civil legal marriage -- so you're truly all set to go already. Easy.
> 
> Note that the _dichiarazione di presenza_ advice above still applies if you're not entering the Schengen Area in Italy.


Ok, noted... Thank you so so much ^^


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