Sunday, October 17, 2010

I will be 18 years, what happens to my permit?

I am a Pakistani citizen, I'm seventeen and a residence permit for family reasons, which they released me when I joined my father in Italy. When I become an adult in a few months, what will happen? Can I renew my permit?

July 7, 2008 - The condition of the foreign children in Italy is subject to special forms of protection and conservation inspired by respect for universally recognized fundamental rights independent of the nationality of the child and considered inviolable.

There are, in this sense, several laws to regulate the condition and to ensure respect for these rights regardless of the legally resident in Italian territory, that delineate a particular status:

-The New York Convention on the Rights of the Child of 1989, implemented in Italy by Law 27 / 05 / 1991 No 176 provides that all actions concerning children the responsibility of the administrative, legislative or judicial, must take into account the inviolable and overriding the best interests of the child;

- Legislative Legislative Decree 286 / 98 T.U. Immigration (Articles. 31, 32, 33;
 -Other ordinary laws regarding guardianship, adoption child custody (L. 184/83);

First, the foreign child illegally present on Italian territory can not be expelled by the competent authorities and should be issued at a residence permit (unless the child in his sole interest is to follow the parent subject to a deportation order or be repatriated as a result of a measure ordered by the court).

If the parent is legally residing in Italy, the minor child follows the legal status of parent to live with, so has the right to issue a residence permit for family reasons (or residence permit for EC long-term residents, if the parent is in possession of the latter).

The youngest son living with the parent up to fourteen years has the right to issue a supplementary card, the cd. Less paper, which is valid only if performed together with that of the parent (it has the same number and expiration date).

Fourteen years after the child is issued a residence permit for family reasons electronic (ie residence permit for EC long-term residents) is valid up to 18 years upon the completion of which can be converted, if the conditions are, in a permission to study, research work, paid employment, for health care (Article 32 paragraph 1 of you immigration).

This provision has caused, in practice, many practical problems: the Police, a narrow interpretation, in my opinion, the law did not allow the renewal of residence permit for family reasons exceeded the age of majority but "forced" to his conversion, although not had changed the conditions that led to the initial issuance of such permit.

For teens who do not continue their education or did not have a job, and therefore could not convert a family's permission to study or work, was often granted a permit for research work, which lasts just six months. After this permission, the boys who could not find work were forced to return to the country of origin, even after being practically grown up in Italy.

Following several rulings of the Supreme Court of Tar and finally came the clarification from the Home Office interpretation of the rule on conversion (Directive Minister of the Interior March 28, 2008).

Currently at the age of majority, the child is entitled to the renewal of residence permit for family reasons for the same time period as long as they are the parent and the conditions of income and accommodation provided for family reunification. The parent must, that is, being in possession of suitable accommodation certificate from the Municipality or the local health authorities, and a reasonable income in proportion to the number of people living in the state and members of the family (eg twice the welfare payments for three people ).

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