- That is correct.
- No.
- I'm not sure, but some questions we've had here and on Travel suggest that you will not.
If I want to travel outside of EU and come back, by myself, with no Schengen days left but post marriage, would I be able to just present my marriage certificate to come back? Or would I have to present the residency permit?
First, a word about terminology: a "visa" is a sticker in your passport that you get from a consulate before traveling. If you are from an "Annex II" country (for example, Japan) then you do not have a visa. I mention this because people often use the word "visa" to mean "permitted duration of visa-free presence," which would make the next paragraph somewhat confusing.
In theory, you do not need any document unless you are from a country whose nationals require a visa for short visits (an "Annex I" country). That you speak of an expiring visa suggests that this might be the case. In this case, however, the visa is primarily necessary for the airline. If you are entering by a land border, you should be able to get in by showing your marriage certificate and establishing that you are traveling to join your spouse.
If you are an Annex II national (no visa required) or if your tourist visa is still valid, you don't need to worry about that.
Now, another word about terminology. EU law is careful to call the document you need a "residence card" instead of a "residence permit." This distinction underscores the fact that the document is not evidence of some authority giving you permission to reside in its jurisdiction. Rather, the card is evidence of a right that flows to you automatically by law. The name "permit" is therefore seen as inappropriate. This is perhaps hair splitting, but it does illustrate a principle that is central to your question.
Critically, the right does not depend on possession of the document, and any penalties related to not having the document must be similar to those imposed on EU citizens who lack an ID card and passport. These penalties cannot extend to removal or exclusion from the country's territory. These penalties cannot be imposed if you apply for the residence card within three months of establishing yourself in Italy, but if you do then there should be no more serious consequence than an administrative fine.
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