If I'm married to an Italian can I travel and re-enter?

I believe as you are married to an Italian citizen you can apply for a carta di soggiorno which allows you to stay indefinitely until it is processed….i think you have to register within a week or so of entering the country though, so if you've overstayed you visa you may not be able to do this….

Disclaimer i am not a professional, I am a fellow “married to an italian” and just researching to go through the application process myself

I've been through the same process. let's sort this out: first, the marriage certificate DOES NOT allow you to stay as long as you don't have the Carta di soggiorno (CdS). 2nd, you need to apply within the visa duration of stay (90 days in your case) once you apply you will receive a receipt which allows you to stay in Italy until you get the CdS. 3rd, you would be allowed to travel only the country of origin (Canada in your case) and you should inform where you applied for (Police station) to get the approval to travel and it's only allowed to your country.

Best of wishes!

hi guys thanks for the response - I called an immigration lawyer today to double check things that were said here and figured I would share the response given to me as its quite contradictory.

a) once you are married to an Italian citizen and the marriage documents have been recognized/notarized by Italy - the 90 day rule can be overstayed and the country is not legally allowed to remove you if proven that you are sharing residence with your spouse - it is unconstitutional to separate family & this falls under national immigration guidelines not Schengen area policy.

b) if the Type C visa was overstayed while waiting for the issuance of a long term visa - the overstay length no matter the period will be negated pending the applicant has proof (the receipt from post office) showing the situation was beyond control of the applicant

c) As per circular letter march 11th 2009 (details can be further examined on www.poliziadistato.it - The same facilitated procedure for foreigners renewing a previous visa is granted to foreigners who have submitted their application for their first residence permits for employment, self-employment, or family reunification, provided that:

• they leave and re-enter Italy through any Italian external border crossing point;
• they show their passport or other equivalent travel document, along with the entry visa specifying the reasons of their stay (employment, self-employment, or family reunification ) and the receipt issued by Italian Post offices (Poste Italiane S.p.A.);
• they do not transit through other Schengen countries, as this is not allowed

Meaning - that you are allowed to travel temporarily outside the country if you are carrying a permisso receipt & the entry qualifications (notarized marriage documents) proving your reason to enter the country - furthermore if travel is required to maintain the monetary requirements of a familial visa you will be allowed to temporarily leave and then re-enter Italy if proven to police and border guards that the reason for travel was indeed for working purposes

d) If married and have proof of a residency contract with the applicants name on said contract - you do not need to return to your home country to apply for visas, it can be done at the local immigration authority in the province you are located in.

I hope this helps any people having the same question in the future

To ReeceSoukoroff.

It is a given your spouse is an italian citizen.

I do not know for how long yoo have been married, but have you ever considered getting the italian citizenship by marriage?

On an italian's government website (the link, in italian, is  www.libertaciviliimmigrazione.dlci.inte … la-legge-n )  it is written that a spouse of an italian citizen can ask for the italian citizenship

a) after 2 (two) years of marriage, if residing in Italy

b) after 3 (three) years of marriage, if residing out of Italy

For both points, a certain knowledge of  the italian language is require