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The non-EU citizen who asks for a divorce from the spouse who is an Italian citizen after at least three years of the marriage relationship is entitled to remain in Italian territory and to have recognized the extension of the residence permit.

The Supreme Court, in fact, said the non-Community spouse the right of residence in accordance with the principle that "the divorce and revocation of marriage with the EU citizen does not involve the destruction of the right of residence of the family of the person that is not a citizen of a Member State of the Community, provided that the marital relationship has continued for a minimum of three years, including at least one in the country, before the divorce or invalidation of the process.

"The only requirement that cannot miss in case submitted to the court in PP is that the marriage bond "has lasted at least three years, including at least one in the country before the divorce or invalidation of the process."

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Case analyzed by the Court relating to an Ecuadorian woman married to an Italian in 1999 and separated in 2006. The police had incorrectly assumed that the end of the marriage relationship annul the right to an extension of the residence permit for that woman.

Based on this principle was adopted a measure expulsion approved by the Court of Appeal of Genoa in October 2007. The woman then appealed to the Supreme Court that recognized the right and ordered the lower courts to the non-application of Legislative Decree n. 30 of 2007, "Execution of Directive 2004/38/EC on the right of EU citizens and their families to move and reside freely within the territory of Member States." Article. 218 Law 32 of 1995, extends significantly Italian jurisdiction in this area. Indeed, the cases treated by art. 3 of the same rule concerning the domicile or residence of foreigners in Italian territory, are associated with the general principle of the receipt of judicial power by such and details parameters laid down for internal powers which Article. 3, second paragraph, last part.

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