8662 new Rules on Residence?

The comune here in Sicily has blocked the application for residence of a British citizen who has taken early retirement on the basis that the Polizia dello stato now require proof of an annual income of at least 5, 061 euro and certification of private halth insurance.
His European health card issued by the NHS is not acceptable, and a bank balance with many zero's neither as he has no income. The embassy in the UK tell me that this is all rubbish, as does a European lawyer... but does anyone know the truth=? I had assumed that as a European citizen he ahs the right to live where he likes and use the asl, but the comune is adamant that this has changed. A state pensioner would get free health care, but someone under 65 has no right to use the system.
Can anyone throw light on this for me?

Thanks

Category
Legal

Don't know about Sicily but some towns are trying to require some annual income. Sicily does have a centre right government right?

Not sure about the legality of it but it's being done.

But a bank account with many zeros should easily generate enough income. No?

The right of Union citizens to move and reside freely within the Union is disciplined also by Directive 2004/38/EC.

In the "Guide on how to get the best out of Directive 2004/38/EC" ([url]http://ec.europa.eu/commission_barroso/frattini/archive/guide_2004_38_ec_en.pdf[/url]) it is explained that "Economically inactive persons must also have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence (but in their case declaration is not enough) and have comprehensive sickness insurance cover".

If You have enough money in Your bank account and a "comprehensive sickness insurance", you should not have problems...

All the best,
Massimo

[quote=ram;81291]The comune here in Sicily has blocked the application for residence of a British citizen who has taken early retirement on the basis that the Polizia dello stato now require proof of an annual income of at least 5, 061 euro and certification of private halth insurance.
His European health card issued by the NHS is not acceptable, and a bank balance with many zero's neither as he has no income. The embassy in the UK tell me that this is all rubbish, as does a European lawyer... but does anyone know the truth=? I had assumed that as a European citizen he ahs the right to live where he likes and use the asl, but the comune is adamant that this has changed. A state pensioner would get free health care, but someone under 65 has no right to use the system.
Can anyone throw light on this for me?

Thanks[/quote]

I think you will find that it is all rubbish. I was recently told in Lazio that since April 2007 you only need EU passports. The subject was recently discussed here [url]www.italymag.co.uk/forums/legal/7310-residency-tale-two-comunes.html[/url]

Unless Sicily has decided to leave the EU of course!

Buon fortuna!

Looking at the link below (courtesy of the British Embassy in Rome website), I don't see why the application hasn't been accepted if there is documentation that the resources produce an annual income over the appropriate level.

[url=http://www.poliziadistato.it/pds/ps/immigrazione/carta_soggiorno_cittadini_ue.htm]Polizia di Stato - Carta di soggiorno per i cittadini dell' Unione Europea[/url]

[quote=massimoaltissimo;81308]The right of Union citizens to move and reside freely within the Union is disciplined also by Directive 2004/38/EC.

In the "Guide on how to get the best out of Directive 2004/38/EC" ([url]http://ec.europa.eu/commission_barroso/frattini/archive/guide_2004_38_ec_en.pdf[/url]) it is explained that "Economically inactive persons must also have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence (but in their case declaration is not enough) and have comprehensive sickness insurance cover".

If You have enough money in Your bank account and a "comprehensive sickness insurance", you should not have problems...

All the best,
Massimo[/quote]

Which is a big enough hole to drive a truck. How much is enough? Who decides? Does it change every year?

Firstly, may I say that when you are having any contact with Italian bureaucracy, you absolutely MUST keep a cool, calm appearance. Don't threaten anything - in fact, don't even look as though you might threaten. That will be completely counter-productive to achieving what you want.

You will find this was discussed recently, when I posted:
[quote=Nardini;77183]The first point to make is that if you have had residency in Italy for 5 years or more, you do not have the same requirement with regard to proving your ability to support yourself. When your current Permasso expires, go to the anagrafe's office and ask for a certificate of permanent residence (not a legal requirement, but useful if you intend leaving Italy for an appreciable length of time and you intend to return thereafter).

You must bear in mind that any confrontational action with an official will, invariably, prove to be counter-productive to your desire. Find out about it before you go in - it really isn't at all difficult to discover the current situation, you just have to spend a little time looking.

I fear that demanding anything that could be interpreted as challenging the knowledge or ego of the official will ensure that the documenti you need to have to remain here will be mysteriously delayed or mislaid and life will become difficult for you. There is a balance between talking knowledgeably and shouting pompously that is sometimes hard for l'inglese to differentiate.

So, take it easy, but at the same time, know the requirements and be pleasant in the face of everything. If you can make the official feel more importante whilst at the same time getting what you want, you will have "won" - sei molto furbo! Fighting will, despite our solicitor friend claiming to the contrary, achieve nothing for your cause at all. It will merely serve to infuriate and encourage the latent xenophobia which is to found in every country if you scratch the surface. Leave the scratching to people who have nothing to lose from it.

I'm sorry if I sound to be in contradiction of our esteemed solicitor here, but one must be sensible in ordinary life and leave confrontation to the courtrooms.

So, to cover the requirements now. The changes in law were covered in Legislative Decree 30 of 6 February 2007, published in the Official Gazette no. 72 of 27 March 2007, which came into effect on 11 April 2007, implementing EU Directive 2004/38. Briefly:

1. If you are an EU citizen you no longer need a Carta/Permesso di Soggiorno, although any US or Canadian, etc. citizens still need to have a valid visa and a Permesso from the Questura's office.

2. You must register with your local commune at the Anagrafe's office.

[B]3. You will need to prove that you are either working, self-employed with income, a student enrolled in Italy or that you have sufficient financial resources to live in Italy with your family and not be a burden to the state in accord with the "assegno sociale", which for 2007 was €5.061,68 for a couple - double it for an additional person or two (or child/ren), etc. In addition to this, you have to have health insurance of some sort - either public or private.[/B]

4. These proofs have to be presented at the time of your registration - usually the anagrafe will help you and allow you to re-present your application after you have amended it to suit the current requirements.

[B]5. There are, of course, many exceptions to those basics, but you will need the services of an Italian law qualified lawyer - an avvocato - to advise and act for you if you get into serious trouble with your registration.[/B]

Sorry this is so long, but there has been so much misinformation so far that it needs to be.[/quote]

The thread [URL="http://www.italymag.co.uk/forums/legal/8198-forms-glorious-forms.html"]is here for you to follow[/URL] the discussion. You might also find the [URL="http://www.italymag.co.uk/forums/legal/8024-health-system.html"]one about health care[/URL] interesting as well.

Good luck.

I think you'll find that British expats in France encouter this regularly. Despite whatever the EU mandate says, many communes in France insist on a minimum income (that has to be proven) before issuing a residence permit. When we were there, the figure being thrown around was around Euros 10,000/12,000 per annum, ie just above the French minimum wage. But it was totally arbitrary and you were just unfortunate if you bought a place in a commune that decided to impose this restriction. There was no way round it from what I remember. And it didn't seem to have anything to do with the number of expats in the area, location. It was, as someone else suggests here in Sicily, a local council decision. V

thanks to all... it seems that I got my residency just in time - 2006, but now things are changing for the worse.