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My South African husband has obtained an free Type C Visa as a spouse of an EU citizen for the duration of 90 days.

As soon as I obtain my residency status (Residenza) in Italy on the grounds of being a citizen we will then apply for an extension of his Visa or for a 'Carta di soggiorno'.

Am I right to assume that our financial status is irrilevant and that at least a two year Carta di soggiorno will be issued to him regardless of our employment status.

We did not register our marriage at the consulate in Jhb because I had been married previously and consequently got divorced in 2004 and did not register that marriage with the Consulate so now the Consulate asked me to do that marriage and divorce transcription first before I can register this marriage but because of a difficulty in obtaining my previous unabridged marriage certificate and divorce papers (I have the divorce decree) we decided to try and do it in baby steps while in Italy.

I please need advise regarding the difficulty of the application of a 'Carta di soggiorno' for my husband while only in possession of our unabridged marriage certificate but lacking the Apostille which I am awaiting a friend to send for me from South Africa.

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Am I right to assume that our financial status is irrilevant and that at least a two year Carta di soggiorno will be issued to him regardless of our employment status

You're wrong, your financial status is relevant. The Questura (the Police) will ask you to submit the tax returns of the Italian citizen.

For example this year the amount of the social security allowance was set at 5.824,91 euros, so 5.824,91 euros is the minimum annual income that will have to prove who is applying for a residence card.

You don't need the divorce certificate in order to apply for a residence card, as soon as you get the Apostille you can ask the Questura for the residence card. Below are the the required documents:

  • Passport or equivalent document in validity;

  • Documents attesting to the relationship (the marriage certificate in this case? ;

  • 4 recent photos of the person concerned;

  • Stamp of € 16,00

  • Tax returns (Dichiarazione dei redditi) or CUD (Certificato Unico Dipendente) of the Italian citizen.

  • Declaration of maintenance signed by the Italian citizen.

  • Certificate of residence or the application for registration of the Italian citizen at the local Commune, even in the case of an Italian citizen who moves from abroad.

Edit:

Here is the source from the Official Police Website (Polizia di Stato)

It says by the meaning in English:

Documentation confirming the availability of income by EU / Italian citizen or, in the absence a statement on the reasons that led to the absence of income with the indication of the period and the amount of the latest income!

Another one here!

  • Are you certain of this? Italy extends to the family of its citizens the same right of free movement that is enjoyed by family of other EU citizens, and there cannot be any financial test under the directive unless the couple are retired or otherwise economically inactive. – phoog Jun 21 '17 at 20:14
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    @Phoog yes, I'm certain because I was required to do that twice.. once for my my wife and again 3 months ago for my mother-in-land and yes I'm an Italian citizen! – Sayed A. Jun 21 '17 at 20:34
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    @SayedA. I've think you've misunderstood. The OP, Steph, is an Italian citizen. The husband is South African. So Steph's income/job/finances matter, not the husband's. – mkennedy Jun 22 '17 at 23:26
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    No, it's because you're an Italian/EU national, and your husband will be entitled as the same rights as you (an Italian citizen) even if he doesn't have the Residency card as long as you travel together in Europe... There are also other ways you can fix the financial income requirements​ for example if you have a family in Italy like your parents they can help you by submitting their tax returns to show that they will be able to accommodate you in Italy... – Sayed A. Jun 23 '17 at 14:02
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    @SayedA. I have made an appointment at the local Questura (Caserta) for the 21 November in order for my husband to collect his Carta di Soggiorno. In the interim we managed to have the marriage trascribed at the local Comune (I gave them the Unabridged marriage certificate with the apostille all traslated by a registered translator) and they issued us with a certificate attesting it. Will keep you posted on the Carta di Soggiorno issue. – Stephania Sep 22 '17 at 12:16

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