Sunday, October 17, 2010

Expelled, but with a false name. What risk?

I submitted the request for permission for a Moroccan citizen. OSS me 'was released, the employee is already in Italy and requested permission to stay to work. E 'was convened by the Police to give fingerprints, but is very worried because he told me he was expelled from Italy and had, on that occasion, issued a false name. What risk? Withdraw the residence permit?

The non-EU citizen, entered Italy with a visa for work, signing the contract to stay in front of the Immigration Office of Immigration, presented the request for the grant of a residence permit with the form submission (prepared by OSS) through the post offices.

The Administrative Service Center of the Italian, after processing your application, send it to the competent police investigation that began in calling the non-EU citizen for the relief finger prints and then, for the delivery of various documents.

It 'clear that if the alien has already given the fingerprints on that occasion and provided a false name, when they will again photo finger prints findings to the police station, that will emerge for the same fingerprint are two identities.

Given that the employer does not risk anything, the non-EU citizen has made so a real offense, because he made false declarations to the public officer incurring the crime of false statements about the identity or personal qualities of self or others, provided art. 496 of the Penal Code, punishable by imprisonment up to one year or a fine of up to € 516.

The situation becomes more serious if, beyond the general false, the non-EU citizen has also provided false documentation (eg passport). In this case also constitutes the crime of using false instrument (489 pc).

At this point you will get a criminal proceedings against the non-EU citizens which will follow a conviction or acquittal.

In both cases, however, to make clarifications.

Article. 5 of the first paragraph D. Decree Law 286/98 states that may reside in the State foreigners legally entered pursuant to art. Paragraph 3 or 4 that are not a threat to public order or national security; that have not been convicted of crimes provided by art. 380 paragraphs 1 and 2 of the Code of Criminal Procedure, or strictly provided for other offenses (eg, involving drugs, sexual freedom, the facilitation of illegal immigration, etc.).. Of all the offenses, including those mentioned in the Code of Criminal Procedure (eg, robbery, injury, theft) it does not cover the crime of false statements and using false note.

Therefore, a conviction in this regard does not constitute a barrier to refuse or revoke a residence permit for employment purposes.

The problem in reality is another.
The clearance work has been issued on the basis of conditions "false". The police would not have given a positive opinion the alien expelled the procedure for obtaining clearance by the Single Desk for Immigration. So the foreign national has never received an entry visa.

The police, when constate the previous deportation, in addition to proceeding to the criminal acts mentioned above, it probably will issue an order refusing to issue a residence permit for employment purposes. Not be ruled out even a deportation order on the consideration that a national extraUe entered with "deception" in Italy is as if he had escaped the border control, "since the word" escape "is not just escape controls, as in the case of those who enter illegally in the country, but also undermine the effectiveness of such controls, with the aim of preventing illegal entry, benefiting only half of apparently legitimate "(sec. Civil Cassation ruling 13864/01).

At this point you have to wait and see how the situation will evolve, and everything will depend on the police station. In the event that it issued the permit anything that. If, however, the police will issue a negative decision and simultaneously also a deportation order, then I may prevent it by normal means of appeal (appeal to the TAR and the justice of the peace).

Not infrequently the courts nullify administrative measures non-renewal of residence permits considering the prevailing facts such as the availability of a national ExtraUe adequate resources, suitable accommodation and a regular employment contract, rather than standards law. Finally, in this sense, we see the ruling that upheld an appeal by an Albanian citizen expelled but settled with the Bossi-Fini in 2002, noting "the legal employment, the employment of the same employer, and showing concrete and reliability integration "(TAR Emilia Romagna Judgement No 1524 of 04.22.2008).

Mr. Salvatore Mascia

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