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I'm an EU citizen married to an irregular immigrant. Can he be issued the Permit?
Question: Hi! I’m a Polish woman married to a Kenyan man who is living in Italy illegally. We prepared the documents to apply for his Permit of Stay but at the police station (Questura) we were told that he can’t be issued the permit. They said that he must first return to Kenya and apply for family visa.
I’d like to find out if this is true. Isn’t there a way he can be issued the Permit of Stay without having to return to Kenya? Thanks.
Answer: Unfortunately, after marriage, for your husband to be issued the EC long-term residence permit for EU family members (family members of EU citizens are entitled to this permit), he must go back to Kenya, apply for family visa and re-enter Italy legally.
According to Legislative Decree number 30 of 2007, as a family member of a European Union citizen, your husband will be issued this visa free of charge and his application will be processed faster than those other applicants who are not family members of EU citizens. Thanks.
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