Right to work in Italy for non-EU spouse

does my spouse need to get a “Permesso di Soggiorno” to legally work?

No. Your husband benefits from the EU free movement directive 2004/38/EC along with the Italian DECRETO LEGISLATIVO 6 febbraio 2007, n. 30, which implements the directive in Italian law and further provides, in Article 23, that family members of Italian citizens must be treated at least as favorably as family members of other EU citizens:

Art. 23.

Applicabilità ai soggetti non aventi la cittadinanza italiana che siano familiari di cittadini italiani

  1. Le disposizioni del presente decreto legislativo, se più favorevoli, si applicano ai familiari di cittadini italiani non aventi la cittadinanza italiana.

In English:

Art. 23.

Applicability to those who do not have Italian citizenship who are family members of Italian citizens

  1. Le provisions of the present legislative decree, if more favorable, apply to the family members of Italian citizens who do not have Italian citizenship.

Article 19 establishes that the right of residence is accompanied by a right to work:

Art. 19.

Disposizioni comuni al diritto di soggiorno e al diritto di soggiorno permanente

  1. I cittadini dell’Unione e i loro familiari hanno diritto di esercitare qualsiasi attività economica autonoma o subordinata, escluse le attività che la legge, conformemente ai Trattati dell’Unione europea ed alla normativa comunitaria in vigore, riserva ai cittadini italiani.

In English:

Art. 19.

Provisions common to the right of residence and the right of permanent residence

  1. Citizens of the Union and their family members have the right to exercise any autonomous or subordinate economic activity, excluding the activities that the law reserves, in accordance with the European Union Treaties and the Community legislation in force, to Italian citizens.

The residence card (not “permit”; “carta di soggiorno,” not “permesso di soggiorno”) is required only if one stays for more than three months (see Article 10 of the decree).

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usa – Italian with recently expired M1 student visa wants to visit Italy & return to NYC

If you want to return in M-1 status, you’ll need a new M-1 visa. This is true even if your extension request is granted before you leave the US.

Normally, you can get that visa while you are in Italy, but I do not know whether restrictions related to the coronavirus will prevent or delay the process. You will also have to consider the possibility that the current travel restrictions may still be in place, in which case you’ll need to find somewhere else to stay for 14 days between leaving Italy and arriving in the US.

The above takes your question at face value, but perhaps I shouldn’t do that. Keep in mind that there is a distinction between visa validity and status. Your extension application was an application for extension of status. If your visa (that is, the sticker in your passport) is still valid through your anticipated return date, then you won’t have any problems at all other than the coronavirus restrictions.

Can you be denied boarding in Italy for not having a visa to the UK?

As to the first part of your question: Because airlines are required (under their agreements with the countries into which they fly) to return to the point of departure at the airline’s expense travelers who are refused admittance at their destination, air carriers are scrupulous to check passenger admissibility before allowing them to board the flight.

Airlines use the IATA database of TIMATIC for this purpose. TIMATIC will advise (correctly) that a Venezuelan national requires a visa to enter the UK. As @phoog points out in the comment below, there’s an exception for holders of a carta di soggiorno di familiare di cittadino dell’Unione; with that card, and if she is traveling with or going to join her husband in the UK, she’ll be allowed to fly. If, however, she holds only a permesso di soggiorno, she will not be permitted to board the Milan > UK flight.

As to the second part of your question: If your wife can get to the UK border without flying (say, by taking a train to Paris and presenting herself at the juxtaposed UK immigration controls at Eurostar in Paris), she can present the packet of documents you list to UK immigration as she attempts to board the Eurostar to London. As with flying, if she holds a carta she should be allowed to travel to the UK. If she does not, I do not know if the remaining documents will assure her entry to the UK.

If she were refused, or you decide to delay your return to the UK to avoid the uncertainty, you’ll have to wait to secure a visa when consular offices and their contractors begin work again.

indian citizens – Can I re-enter Italy with Carta di identità and Carta di soggiorno?

do I need a Schengen visa…

No, you do not. Your Carta di soggiorno is a “residence permit” for the purpose of the Schengen Borders Code. You do not need a visa in addition to that card.

This is at Article 2(16)(a) and Article 6(1)(b). Article 2(16)(a) (emphasis added):

  1. ‘residence permit’ means:

    (a) all residence permits issued by the Member States according to the uniform format laid down by Council Regulation (EC) No 1030/2002 and residence cards issued in accordance with Directive 2004/38/EC;

Article 6(1)(b) (emphasis added):

  1. For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:

    (b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001, except where they hold a valid residence permit or a valid long-stay visa;

Furthermore, the card makes you a “person enjoying the right of free movement under Union law” under the code, so you can use the EU/EEA/CH lanes even though you do not have an EU, EEA, or Swiss passport.

This follows from Article 2(5)(a) and Article 10(2). Article 2(5)(a) (emphasis added):

  1. ‘persons enjoying the right of free movement under Union law’ means:

    (a) Union citizens within the meaning of Article 20(1) TFEU, and third-country nationals who are members of the family of a Union citizen exercising his or her right to free movement to whom Directive 2004/38/EC of the European Parliament and of the Council applies;

Article 10(2):

  1. Persons enjoying the right of free movement under Union law are entitled to use the lanes indicated by the sign shown in Part A (‘EU, EEA, CH’) of Annex III. They may also use the lanes indicated by the sign shown in Part B1 (‘visa not required’) and Part B2 (‘all passports’) of Annex III.

Speaking of passports, you will need your Indian passport in addition to the carta di soggiorno. (That’s in Article 6(a) and in the freedom of movement directive, but I’ll refrain from quoting them here.) Therefore,

…or can I board my flight with my Italian family card?

Not by itself; you’ll also need your passport.

Some may say that you cannot benefit from freedom of movement in Italy because, as the spouse of an Italian, your relationship with Italy is governed by Italian law rather than by EU law. But Italy has passed a law that extends any benefit of the freedom-of-movement directive to the family of Italian citizens.

usa – Returning to US from Italy: will self-quarantine be enforced by law?

I’m an American living in Italy. I’ll be coming home (NJ) for a few days at the beginning of August. I’m thinking that the COVID crisis will have largely calmed down at that point (in Italy it’s almost over), but it is still possible according to CDC guidelines that I’ll be asked to stay at home for 14 days.

Here’s my question: is the self-imposed quarantine enforced by law in the US and in NJ in particular? i.e. is law enforcement checking on people?

Thanks for your help!

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