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Hi my name is fred,
In 2015 I arrived Italy I was an asylum seeker seeker I was giving 1 month permit to stay in Italy while my asylum process was going on in that same 2015 I left to austria by train, when I got to austria after few months I ment a lady we fell inlove and we got married successfully after 1 month of the marriage I applied for my family permit in austria but it was denied the authorities told my wife that my asylum process was still on in Italy,in 2017 I returned back to Italy to start my asylum process again after much paperwork I was granted a 6 months permit to stay in Italy but true a judge after the 6 months permit expired I tried to renew the 6 months permit but was not possible because the authorities told me my appeal was not granted, and now me and my wife we have a son together my questions is: now am living in Italy with my wife and son can I apply for the family permit here in Italy? And what are my rights having 2 eu citizens?(my wife and son) 3 since my asylum process was rejected and am married already with a child do I have the rights to stay in European soil? Thanks we wait your reply.
asked Aug 3 in Legal advice by Fred uyi
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1 Answer

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Dear Fred uyI,

Thank you for sharing your situation with the Wefugee Community!

Unfortunately, I am not familiar with the Italian residence law. But I assume that your wife would need to have her habitual residence in Italy, if you want to apply for a residence permit there (That would be a requirement in Germany at least). If she lives in Austria, you might need to apply for a family reunification there. Please find details on the process in Austria here. It is in German language though, but I guess your wife speaks German?! However, according to the EU freedom of movement regulations, you will have in general the right to live together with your wife in the EU.

I hope this helps and please get back to us if any clarification is needed.

All the best,

Meike

answered Aug 12 by Meike
Okay thank you.
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