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StayingIT in ALY
LEGALLY IN CO-OPERATION WITH NGS()60008 0:07 ag a
A cura di: Ministero dell’Interno
Realizzazione: Servizi Editoriali Srl - Via Pagliano, 37 - 20149 Milano
Foto di: Francesco Laera, Shutterstock, Ministero dell’Interno
Stampa: PuntoWeb Srl - Zona Industriale, Via Nettunense - 00040 Ariccia (Roma) NGS()60008 0:07 ag a
What is the Aim of this Guidebook? owadays, access to information is a fundamental right for Neverybody and, in particular, for those who live far from their home country with all the related language problems and the need to comply with often-unknown rules. Being informed helps immi- grants to have a better life in Italy and also helps Italians to better co-exist with immigrants. Actually, being aware of the existing rules is the first step to comply with them and be law-abiding. Improving the rules without providing correct information – e.g. who must do what, how, when and where to do it – is not enough. Thanks to this guidebook, which will be constantly updated on the website www.interno.it, the Ministry of the Interior takes a further step forward in providing increasingly clear and exhaustive infor- mation on immigration procedures and rules to all immigrants and to all Italians concerned, including employers (both families and businesses), voluntary associations and institutions. Informing immigrants may be considered a “reform”, as fundamen- tal as others, aiming at facilitating integration and co-existence between Italians and foreign nationals. In this respect, it is crucial for the government not to be left alone.
The Minister of the Interior Giuliano Amato NGS()60008 0:07 ag a
Contents
Hiring➧ Foreign Workers at their First Employment page 4
Issue➧ and Renewal of Residence Permit page 5
Residence➧ Permits to apply for at the Questura page 7
The➧ EC Long-Term Residence Permit page 8
Asylum➧ Application page 11
Family➧ Reunion page 14
Foreign➧ Minors page 15
Foreign➧ Nationals and Anagrafe page 19
Education➧ and Foreigner Nationals page 21
Health➧ Care for Foreign Nationals page 23
Citizenship➧ page 25
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Introduction
he Immigration Guidebook of the Ministry of the Interior pro- Tvides foreigners and the Italians concerned with a new instrument to find an answer to all the questions on immigration procedures. Made up of eleven easily accessible information papers, it describes the procedures concerning renewal of residence per- mit, family reunion, citizen- ship, school enrolment, etc. This meets clarity and trans- parency needs, strongly felt by foreigners and by the Ital- ian families and businesses which are particularly interest- ed in labour market proce- dures. Further clarity is provided by the translation into the most com- mon languages among the immigrants living in Italy: English, French, Spanish, Albanian, Russian, Chinese and Arabic. Procedures and rules, however, are subject to amendments. For this reason, this guidebook can also be found on the website www.interno.it, where it is constantly updated taking into account amendments in the Italian legislation and procedures.
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STAYING IN ITITALYALY LEGALLY Hiring Foreign Workers at their First Employment f you want to hire non-European Union data, their professional qualification, their Iforeigners living outside Italy, under the level of Italian language knowledge, their Quota Agreement “decreto-flussi” which job preference (seasonal, temporary or sets the maximum number per year of non- permanent), as well as the information EU foreigners who can be allowed to come about their training and the job sector in and work in the Italian territory, you must which they should be hired. submit an application to the Sportello Unico per l’Immigrazione at Prefettura ➧2. Activities at the Sportello Unico (Front Desk for Immigration) of your resi- Immigrazione: STAGE 1 dence or where your company has its legal In order to enable the Employment Cen- headquarters, or where the worker will per- tres (CPI) to publicise the job applications form the job. of workers registered in the employment listings, the Sportello Unico sends such ➧1. How to apply information to all the Italian Employment If you already know the worker you intend Centres by electronic mail. It also publicis- to hire, you must submit to the Sportello es the information on its website and by Unico: any other possible means. ■ Personal application for work authorisa- tion; The Sportello Unico: ■ Documents proving availability of suit- ■ seeks the opinion of the Questore able accommodation for the foreigner in (Provincial Police Chief) to find out if there accordance with regional regulations; are obstacles on the part of the worker ■ Proposed residence agreement (contrat- that may hinder work authorisation; to di soggiorno) containing the essential ■ seeks the opinion of the Provincial elements of the agreement and your com- Labour Office as to whether the required mitment to pay for foreign citizen's return minimum contractual standards are met or journeys to their countries; not and the employer's income capacity. ■ Your commitment to notify the Sportello Unico of any changes regarding work rela- In case of one of the above offices’ tionship (termination of work relationship, negative opinion, the Sportello Unico change of working place, etc.). rejects the application. But if you do not personally know In case of positive opinion: the worker, you can - by submitting ■ The Sportello Unico summons the the above-mentioned documents - employer to collect the work authorisation apply for work authorisation of one and sign the contract; or more people registered in the ■ It sends the documents to the Italian employment listings at the Italian Embassy/Consulate by e-mail. diplomatic or consular representa- tion of those countries which have It is always important to remember that signed ad hoc bilateral agreements Subordinate work authorisation is valid with Italy. for 6 months from the date of issue, dur- ing which the worker must come to Italy These lists are classified by country of and sign the contract at the Sportello origin and contain foreigners’ personal Unico. 4 NGS()60008 0:07 ag a 5
➧3. What the worker must do: the Residence Contract; Once the foreign worker has received ✓ Issue the residence permit application the work authorisation from you, he/she form and forward the data to the relevant shall apply for an appointment with the Questura (Provincial Police Headquarters). Italian Embassy or Consulate in his/her home country. The Embassy/Consulate to ➧5. Issue of the Residence Permit which all the documents, including work After going to the Sportello Unico, the authorisation, have been sent by e-mail, worker has to go to a post office where notifies the foreigner of the proposed con- he/she will send the form picked up at the tract and issues him/her an entry visa Sportello Unico with the relevant enve- within 30 days. It also must notify the Min- lope. The post office issues a receipt con- istry of the Interior, Ministry of Labour and taining two personal identification codes Social Welfare, INPS and INAIL. (user ID and password), that can be used Within eight days of entering Italy, the to check the status of the application by worker must go to the Sportello Unico that logging on to the website www.portaleim- issued the work authorisation to sign the migrazione.it. residence contract and submit an applica- tion for the residence permit; otherwise, he/she is considered to be in the The Questura will send a mail to the national territory illegally. foreigner at the address indicated in the application form or a text mes- 4.➧ Activities at the Sportello Unico sage to the mobile number indicated Immigrazione: STAGE 2 in the application form, informing the When the worker reports to the Sportel- applicant of the date he/she must go lo Unico, the officer must: to the Questura to submit the photos ✓ Verify the visa issued by the Italian and be fingerprinted. The Questura Embassy/Consulate and the worker’s per- will then send another mail or text sonal data; message informing the foreigner to ✓ Issue the fiscal code; collect the residence permit. ✓ Make sure that the foreign worker signs Issue and Renewal of Residence Permit ➧1. Where to apply ✓ Renewal of political asylum If you are a foreign citizen, you can apply ✓ Internship for job training for the issue and renewal of residence per- ✓ Pending reacquisition of citizenship mits for the reasons listed below only at the ✓ Pending employment post offices with the logo Sportello ✓ Permanent Resident Permit for foreign- Amico. You can seek the free help of the ers (now called EC Long-Term Residence Comuni (Town Councils) taking part in the Permit) experiment or of the Benevolent Institutions ✓ Self-employed work (Patronati) in filling in the forms. ✓ Subordinate work ✓ Guardianship ✓ Subordinate seasonal work ✓ Religious reasons ✓ Family ✓ Elective residence ✓ Family, minor aged 14 – 18 ✓ Studies (for more than three months) ✓ Special cases provided for by art. 27 of ✓
Mission the Immigration Law ▼ 5 NGS()60008 0:07 ag a 6
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✓ Application for stateless status (renewal) ■ If you are a foreign family member of an For any other reasons you must go to Italian citizen or of an EU citizen and would the Questura. like to apply for EC Long-Term Residence Permit (carta di soggiorno) for family mem- If you have the authorisation and are ber of an EU citizen, you do not have to applying for the residence permit for work attach the revenue stamp or pay the fee or family reasons, you can go to the for the issue of the electronic residence Sportello Unico Immigrazione (Front Desk permit. for Immigration). If you are a foreign family member of an ➧6. Issue of the Residence Permit Italian citizen or of an EU citizen and would The Immigration Office at the Questura like to apply for EC Long-Term Residence will send you a registered mail and a text Permit (carta di soggiorno) for family mem- message using the address and phone ber of an EU citizen, you can choose to number indicated in the application form, either submit the application through the summoning you to the police station to sub- post office or directly to the Questura. mit your photos and have your fingerprints taken. You will also be given an appoint- ➧2. What to do at the post office ment to collect the residence permit. At all the post offices you will find the yel- low kit to be carefully filled in following the ➧7. Useful information instructions. On the immigration web portal www.por- taleimmigrazione.it you can find: ➧3. What to do at the Comune ■ General information about the application or Benevolent Institutions procedure; Here you do not need the paper kit. You ■ Addresses of authorised Comuni (Town can get free and qualified assistance in Councils) and Benevolent Institutions; filling in the forms. ■ Addresses of post offices with Sportello Amico; ➧4. Where to submit the kit ■ The state of your application by inserting The application kit, in an open envelope, in the reserved area the userid and pass- must be submitted to the Sportello Amico word indicated in the receipt you were given of the post office. at the post office while submitting the appli- Remember that if you are applying for the cation. renewal of your permit, you must also sub- mit a copy of the expired residence permit. You can also use the following num- You must always show your passport. bers: The post office officer will issue you a 800.309.309 (toll free) managed in receipt to be attached to the expired resi- cooperation with ANCI. dence permit. This receipt substitutes and For general information and addresses has the same value as the renewal slip of authorised Comuni and Benevolent (cedolino) previously issued by the Questura. Institutions. It is operational every day, 24 hours a day in Italian, English, Span- ➧5. Costs ish, Arabic and French. ■ 27.50 euros to be paid using postal cur- 803.160 (toll free) of the Poste Italiane. rent account slip if you are applying for a To find out the address of the post residence permit valid for a period exceed- offices with Sportello Amico. It is oper- ing 90 days. The postal current account slip ational from Monday to Saturday, from is available at the post offices with the 8a.m to 8p.m. Sportello Amico. 848.855.888 (at a cost of a local call). ■ 14.62 euros for the revenue stamp (marca For information about the state of appli- da bollo). cations. It is operational from Monday ■ 30 euros to be paid to the post office offi- to Friday, from 8.00a.m. to 8.00p.m. cer while submitting the filled in application. 6 NGS()60008 0:07 ag a 7
Residence Permits to apply for at the Questura
he agreement between the Ministry of Tthe Interior and Poste Italiane states that the following 9 kinds of residence permits can be applied for at the Questura (Provincial Police Headquarters). ✓ Medical treatment ✓ Sport competitions ✓ Work holidays ✓ Humanitarian reasons ✓ Political asylum (application-issue) ✓ Minor age ✓ Justice months or the shorter time indicated in the ✓ Application for stateless status (issue) entry visa (if a visa is required) and that {✓ Integration of minor entry conditions are met. New rules regarding permits valid Entry and stay in Italy for periods for less than 3 months exceeding 3 months From 2nd June 2007, foreigners wishing Foreigners who would like to stay in Italy to stay in Italy for tourism, business, vis- must apply for the residence permit. its or studies are not required to apply for Whoever arrives in Italy for the first time a residence permit. must apply for the residence permit within This change is contained in the Law n. 8 days. 68 of 28th May 2007, issued in the Official A foreigner who is already in Italy and Gazette n. 126 on 1stJune 2007. Accord- whose residence permit is about to expire ing to the new rules, foreign citizens must must apply for its renewal within the time simply report their presence in the nation- limit indicated below, and in any case not al territory complying with the formalities beyond 60 days from its expiration. stated in the Minister of the Interior’s In order to get a residence permit, it is decree dated 26th July 2007 (issued in the necessary to have: Official Gazette n. 181 on 6th August ■ Application form; 2007). They have to directly report their ■ Valid passport or any other equivalent presence to the border authorities when document with the visa if required; entering the country if they arrive from ■ Photocopy of the same document; non-Schengen States and the border ■ 4 recent and identical passport size pho- authority will stamp their travel document tos; with a Schengen mark. If they are arriving ■ Revenue stamp of 14.62 euros; from other Schengen States, they can ■ Required documents for the type of res- directly report their presence to the Ques- idence permit one is applying for. tura filling in the relevant form within 8 The application for renewal of the resi- days of their arrival in Italy. If they are stay- dence permit must be submitted at least: ing in a hotel/guest house, the hotel man- ■ 90 days before its expiration, in case of a agement will provide them with a copy of residence permit valid for 2 years; the hotel report, according to the law. ■ 60 days before its expiration, in case of It is important that they do not stay in the residence permit valid for 1 year; Italian territory for a period exceeding 3 ■ 30 days before the expiration, in case of ▼ 7 NGS()60008 0:07 ag a 8
STAYING IN ITITALYALY LEGALLY
all other permits. Italian citizen or of an EU citizen and you The expiring date of the residence per- have entered Italy legally, you can directly mit is the same as the expiration of the apply for the EC Long-Term Residence entry visa: Permit (carta di soggiorno) for a family ■ Up to nine months for seasonal work; member of an EU citizen at the Questura ■ Up to one year for subordinate work with or through the post office. a temporary contract, and for study or In this case, you must complete the vocational training; form and attach: ■ Up to two years for self-employed work, ✓ Photocopy of passport or other equiv- for subordinate permanent work and for alent document, with the visa if required: family reunion. ✓ 4 passport size photos; ✓ Photocopy of certificates proving European Union Citizens family relationship and if required, proof that the applicant is a dependent family If you are a European Union citizen, member; you do not have to apply for the EC ✓ Photocopy of EU citizen's receipt of Long-Term Residence Permit (carta application for registration at the Ana- di soggiorno). If you wish to stay in {grafe. Italy for a period exceeding three months, you must go to the Anagrafe Foreign family members of an EU citizen (Register Office) of the Comune who can apply for the EC Long-Term Res- (Town Council) where you live and idence Permit are: apply for registration and you will ■ Spouse; receive a registration receipt. ■ Direct descendants under 21 years old or dependent descendants as well as those Family Members of European of the spouse; Union Citizens ■ Dependent direct ascendants and those If you are a foreign family member of an of the spouse. ● The EC Long-Term Residence Permit
➧1. Conditions of application NUMBER OF FAMILY REQUIRED INCOME You can apply for the EC Long-Term MEMBERS Residence Permit (Permesso di Soggiorno (including the applicant) per Soggiornanti di Lungo Periodo - 1 – 2 (one – two) Annual income equal to S.L.P), previously called Carta di Sog- the amount of social giorno (Residence Card) for yourself and security benefit your family members if: (5,061.68 euros for 2007) ■ You have a residence permit and have been legally resident in Italy for a period of 3 – 4 (three – four) Annual income equal to at least 5 years; the double amount ■ Your minimum income is equivalent to of social security benefit the amount of the social security benefit. If 5 (five) or more annual income equal to you also apply for your family members the triple amount of social the income is indicated in the following security benefit table: 8 NGS()60008 0:07 ag a 9
tute) receipts or the statements issued by the INPS itself containing an analytical abstract of the contributions made; ✓ Police records certificate and registra- tions certificate regarding criminal pro- ceedings (to be asked for at the Ufficio Casellario del Tribunale - Criminal Records Office of the Court); ✓ Copies of payslips for the current year; ✓ Certificate of residence and family situ- ation; ✓ Postal slip certifying payment of the electronic residence permit (27.50 euros); ✓ Revenue stamp of 14.62 euros. IT IS IMPORTANT TO REMEMBER THAT The EC Long-Term Residence Permit: ■ Is valid for an indefinite period; ■ Is valid as personal identification docu- ment for 5 years (subsequently the appli- cant may ask for its renewal by submitting The family members for whom you new photos) can ask an EC Residence Permit are ■ Cannot be granted to a foreigner who is those who are entitled to family reunion a threat to State security and public (spouse, minor children, minor children of order; the spouse or children born out of wed- ■ Can be requested neither by holders of lock, adult children who are not self-sup- a permit for study, professional training, porting due to their health conditions, temporary protection, humanitarian rea- dependent parents). sons, asylum application when the If you apply for an EC Residence Permit related status has not been recognised also for your family members you shall yet, nor by short-term residence permits attach a photocopy of suitable accommo- holders. dation certificate. EC Long-Term Residence Permit ➧2. How to apply for Live-in Spouse You must go to the post office where the How to apply application forms are distributed for free If you are spouse of a foreigner who (yellow kit). holds an EC Long-Term Residence Per- In order to fill in the application, please mit or of a foreign national who has follow the instructions contained in the kit applied for an EC Long-Term Residence and in the paper “Issue-Renewal of the Permit you can apply for said permit for Residence Permit”. family reasons by filling in the Form 1 Together with the form (filled in and (Modulo 1) of the yellow kit and stick- undersigned) you have to submit the fol- ing a 14.62 euro revenue stamp on it. lowing: (Form 2 shall be filled in only if you ✓ Photocopy of the whole passport (or have your own income). other equivalent document); Moreover, together with the form (duly ✓ Photocopy of the income tax return filled in and signed) you have to attach (Unico/CUD form relating to the previous the following: year). Domestic workers (colf/badanti i.e. ✓ Photocopy of the whole passport (or house helpers/caregivers) have to exhibit other equivalent document); the INPS (National Social Security Insti- ✓ Photocopy of the income tax return of ▼ 9 NGS()60008 0:07 ag a 0
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the spouse (Unico or CUD form relating to EC Long-Term Residence Permit the previous year) and of your own for Dependent Live-in Parents income tax return, if any. Domestic work- How to apply ers (colf/badanti i.e. house helpers/care- If you are a live-in parent of a foreign givers) have to exhibit copies of the INPS national holding an EC Long-Term Resi- (National Social Security Institute) receipts dence Permit or of a foreign national who or to show the statements issued by the has applied for an EC Long-Term Resi- INPS itself containing an analytical dence Permit you can apply for said per- abstract of the contributions made; mit for family reasons by filling in Form 1 ✓ Criminal records certificate and registra- of the yellow kit and sticking a 14.62 euro tions certificate regarding criminal pro- revenue stamp on it. ceedings (to be asked for at the Ufficio Together with the form (duly filled in and Casellario del Tribunale - Criminal Records signed) you have to attach the following: Office of the Court); ✓ Photocopy of the whole passport (or ✓ Photocopy of the official documents other equivalent document); attesting the marital relationship (marriage ✓ Photocopy of the income tax return of certificate). If such a certificate comes the child (Unico or CUD form relating to from abroad, it has to be translated into the previous year). Domestic workers Italian and authenticated by the Italian (colf/badanti i.e. house helpers/care- diplomatic/consular representation; givers) have to exhibit copies of the INPS ✓ Photocopy of suitable accommodation (National Social Security Institute) receipts certificate; or to show the statements issued by the ✓ Postal slip certifying payment of the INPS itself containing an analytical electronic residence permit (27.50 euros) abstract of the contributions made; ✓ Criminal records certificate and regis- EC Long-Term Residence Permit trations certificate regarding criminal pro- for Minor Children over 14 Years of Age ceedings (to be asked for at the Ufficio How to apply Casellario del Tribunale - Criminal If you are a minor child over 14 living Records Office of the Court); with a foreigner holding an EC Long-Term ✓ Photocopy of the official documents Residence Permit or of a foreigner who attesting the parental status. If such a cer- has applied for an EC Long-Term Resi- tificate comes from abroad, it has to be dence Permit you can apply for said per- translated into Italian and authenticated mit for family reasons by filling in the Form by the Italian diplomatic/consular repre- 1 (Modulo 1) and sticking a 14.62 euro rev- sentation; enue stamp on it. ✓ Photocopy of suitable accommodation Together with the form you have to certificate; attach the following documents: ✓ Self-certification on your residence and ✓ Photocopy of the whole passport (or family situation; other equivalent document); ✓ Postal slip certifying payment of the ✓ Photocopy of the official documents electronic residence permit (27.50 euros) attesting the minor child status. If this doc- When submitting your application for EC umentation comes from abroad, it has to long-term residence permit you have to be translated into Italian and authenticated pay 30 euros to the post office. by the Italian diplomatic/consular repre- sentation (if the minor has entered Italy MINOR CHILDREN with a visa for family reunion, the above- ■ Minor children under 14 shall not submit mentioned documentation is not neces- a separate application from that of their sary); parent (or parents) they live with. In this ✓ Photocopy of suitable accommodation case parents, when applying for a resi- certificate; dence permit or for an EC Long-Term Res- ✓ Postal slip certifying payment of the idence Permit shall ask for the registration electronic residence permit (27.50 euros) of the minor child under 14 in their docu- 10 NGS()60008 0:07 ag a
ment by filling in the relevant part of Form 1. ■ The residence permit for family reasons ■ When a minor child registered in one of is valid for the same length of time as the the parents' residence permit or residence residence permit of the foreign family card is 14, he/she will have a residence per- member who received the authorisation mit for family reasons until the age of 18 or for family reunion and is renewable togeth- the EC Residence Permit. er with the permit belonging to said for- ■ The residence permit for family reasons eign family member. allows the holder to access social services, ■ At the age of 18, the foreigner with the to attend study or professional training residence permit for family reasons is courses and carry out subordinate or self- granted a residence permit for study rea- employed work, provided that he/she meets sons, access to work or work, depending the minimum age requirements to work. on the relevant activity. ● Asylum Application
➧1. You can apply for refugee status if: In your home country you were directly and personally persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, or if there is a well-founded and proved rea- son to hold that you may be persecuted in case you return to your home country (in compliance with the Geneva Convention). ➧2. You cannot submit your application for refugee status ➧3. Where to apply in Italy if: ✓ With the Italian Border Police Office ■ You have already obtained refugee sta- on arrival; or tus in another State; ✓ With the Immigration Office of the ■ You come from a State, other than that of locally competent Questura (Provincial your origin, that adheres to the Geneva Police headquarters) if in the place Convention and where you stayed for a where you entered Italy there is not a certain period of time but never applied for {{Border Police Office. the refugee status; ■ You have already been convicted in Italy ➧4. How to apply of a crime against the State or State secu- You can apply with the Police Office rity, a crime against public security, or one where you will receive ad hoc forms in of the following crimes: reduction to slav- which you will have to: ery, theft, robbery, vandalism and pillage, ■ State the reasons why you are applying or a crime connected with the selling of for refugee status; and illegal trafficking in weapons and nar- ■ Provide any other information and docu- cotics. The same applies also if you have ments necessary for supporting your been convicted of the crime of association application; with Mafia or for belonging to terrorist ■ Attach a copy of a valid personal ID doc- organisations; ument (passport, ID card, etc.), if you have ■ You have committed war crimes or any, or provide personal details to Police crimes against peace and humanity. Authorities by indicating an address where ▼ 11 NGS()60008 0:07 ag a
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your correspondence is to be sent to. one year, is renewable and will allow you The Questura will provide you with a to work; copy of your application and of any docu- ✓ Reject your application: in that case the ments you have produced and will take Questore will order you to leave the your photo and fingerprints. national territory. ➧5. Who decides on your application? ➧7. If you don't speak Italian The Questura will immediately If you don’t speak Italian, you can send the application, together with ask for an interpreter or a cultural the necessary enclosed docu- mediator in filling in and writing out – ments, to the competent Commis- if possible, in your language or in one sione Territoriale per il Riconosci- of the most common languages mento dello Status di Rifugiato (ENGLISH, FRENCH, SPANISH and (Territorial Commission for the ARABIC) – the information form and recognition of refugee status). This the statements concerning the rea- Commission will decide whether to sons for your application. grant you the refugee status or not. There are 7 Commissions in Italy ➧8. What happens after applying? (Gorizia, Milan, Rome, Foggia, Sira- ■ When the Police Authorities ascertain cusa, Crotone and Trapani). The that the documents submitted are the right Questura will send a notice to the ones, the Questore of the province where address indicated in your applica- the application was submitted issues a tion, specifying the date of the residence permit valid for three months, summoning at the Commission. which is renewable until the Competent Territorial Commission decides on the It is important that you always inform case. the Questura of any changes in domi- ■ If you have arrived in Italy without ID cile in order to receive all the corre- papers stating your nationality and person- spondence. Remember that it is very al data, or if your application for refugee important for you to appear before the status recognition is based on elements Commission. In fact the interview will give that need to be verified, you will be hosted you the opportunity to better explain your in one of the Identification Centres for a situation and the reasons why you fear maximum of 20 days. If within that time persecution. If you do not appear before your application has not been examined the Commission, they can decide on your by the Competent Territorial Commission application only by examining the avail- yet, you will be entitled to leave the centre able documents without listening to you. and will be given a residence permit valid for three months and renewable until the ➧6. What decisions Competent Territorial Commission decides can the Commission take? on the case. The Territorial Commission will take the If you don't have means of subsistence, decision on your application within 3 days you can ask the competent Prefettura, of the interview. They can decide one of through the Police Authorities where you the following: applied, to be hosted in a municipal recep- ✓ Grant you the refugee status; tion centre for the whole period of exami- ✓ Reject your application, but even if you nation of your application for refugee sta- don't meet the requirements for obtaining tus. refugee status, the Commission can inde- pendently assess the dangerousness of ➧9. Remember that your repatriation and ask the Questore to at the Identification Centre: issue you a residence permit for human- ✓ You will be guaranteed urgent ambulato- itarian protection. This permit is valid for ry and hospital treatments; 12 NGS()60008 0:07 ag a 3
✓ You will be allowed to receive, under no ➧11. What happens if you special conditions, visits from your family are granted members, your lawyer, the UNHCR and the refugee status? any other organisations or bodies for ■ The Commission will grant you the refugees’ protection recognized by the refugee status and give you a card prov- Italian Ministry of the Interior; ing you've been granted the refugee sta- ✓ You are not forced to remain at the tus. Centre during the day, except during ■ Together with the card, the Questura night-time, of course under the rules set will give you a travel document allowing by the body running the Centre. You can you to go abroad and return to Italy (this also ask the official in charge of the Cen- travel document has the same validity tre to be away over an extended period of period of the residence permit); time – beyond the time set by the Cen- ■ In order to get identity documents, tre’s rules – because of special reasons you'll have to go to the Comune (Town (family, health); Council) in your place of residence; ✓ Non-authorised and unjustified exit from ■ You will be entitled to a residence per- the Centre for a prolonged period is tanta- mit valid for two years; mount to your renunciation of your appli- ■ You will have the same rights and cation for refugee status. duties as Italian citizens, only except some rights ensuing from the Italian citi- ➧10. What can you do to appeal zenship (for example: the right to vote, to against the rejection take part in competitions for public jobs, of your application? etc.). If you are hosted in an Identification ■ If you need to obtain some certificates Centre, you can – within 5 days of the or documents from your home country rejection of your application – make an to exercise a right in Italy, the Italian appeal to the President of the Territorial authorities will help you obtain them, or Commission, asking for your application will issue certificates or documents sub- to be re-examined. The appeal has to be stituting in every respect the official doc- based on new elements emerged after the uments of your home country. decision of the Commission or on facts ■ You absolutely cannot go back to your existing before but not considered by the home country. If it happens, that could in Commission. The request for review will fact cause the cessation of your refugee be decided on within 15 days. status because it would be considered In any case, within 15 days of notifica- as a manifestation of your will to avail tion of the rejection of your application by yourself again of the protection of your the Commission, you can appeal to the country of origin. Likewise, any applica- Ordinary Court of Law with territorial tion for a passport at the diplomatic rep- jurisdiction (if you are abroad you can do it resentation of your country in Italy will be through the Italian diplomatic representa- considered as your will to avail yourself tion). of the protection of your home country. ■ The personal document given to you In both cases, you can request the by the Questura will allow you to travel Prefetto (Prefect) of the province abroad for a period not exceeding three where you live to allow you to remain months, without visa requirement. If you in the national territory until the deci- need to reside abroad for a longer peri- sion on your appeal. You'll be notified od, for example for employment rea- of the Prefetto’s decision within 5 sons, you have to apply for a visa at the days of the request and, in case your diplomatic representation of the country request is accepted, you will be you are planning to go, then you can informed of the conditions of your start the procedure for the “transfer of stay in Italy. responsibility” to that new State which will host you. ● 13 NGS()60008 0:07 ag a
STAYING IN ITITALYALY LEGALLY Family Reunion ➧➧➧1. Conditions of application ■ If all requirements are satisfied, the A foreign national, holder of an EC Sportello Unico issues an entry clearance Long-Term Residence Permit or of a resi- within 90 days of application or rejects the dence permit for subordinate work, self- application and informs the Italian Con- employment, asylum, study, family or reli- sular Authority. gious reasons, valid for at least one year, ■ Should the Sportello Unico not issue an can apply for a family clearance for his/her entry clearance within 90 days of applica- { family members, as a right to family tion, the family member shall submit to the reunion. Italian Diplomatic or Consular Authority abroad a copy of the receipt of the applica- ➧2. Family members concerned tion and relevant documentation which was ✓ The spouse; submitted to the Sportello Unico by his/her ✓ Children under 18, even if they are the relative, in order to obtain an entry visa. spouse’s children or they born out of wed- ■ Within 8 days of arrival in Italy, the family lock, unmarried or separated parents’ chil- member is required to go to the Sportello dren, provided that the other parent, if Unico where the entry clearance was existing, gives his/her consent; issued. There, a form will be provided to ✓ Dependent children over 18, in case be filled out and also an application form they cannot provide for their keep due to for residence permit. Failing to comply, the serious health conditions resulting in per- foreign national will be considered as ille- manent inability to earn their living; gally staying in the Italian territory. ✓ Dependent parents who have not ade- ■ A residence permit for family reasons quate family support in the country of ori- entitles the holder to take subordinate gin or provenance. work or self-employment, to be granted access to education and to health care ➧3. Activities carried out by the provided by the National Health Service. Sportello Unico (Front Desk for Immigration) ➧4. Family members entering ■ If the above-mentioned conditions are with their relatives met, application forms for an entry clear- ance (nullaosta) shall be submitted or sent In order to foster family cohesion to the competent Sportello Unico with the and unit, if you hold an entry visa for necessary documentation concerning subordinate work (with at least one- adequate accommodation and required year contract), for continuous self- minimum income, as well as with a photo- employment, for study or religious copy of your passport and residence per- reasons, you can enter Italy with the mit. same family members allowed to ■ The family member shall submit to the family reunion. Italian Consular Authority in his/her coun- try of residence supporting documenta- Relatives accompanying a foreign national tion in regard to family relationship, his/her holding an entry visa shall comply with the minority or health conditions. same procedure and submit the same ■ A receipt of the application and docu- documents as for family reunion. mentation received is given to the appli- The application for an entry clearance for a cant by the Sportello Unico. family member can be submitted by proxy. 14 NGS()60008 0:07 ag a 5
The following documents have also to be submitted: ✓ Photocopy of the identity card of the proxy; ✓ Proxy for an Italian national or a for- eign national legally residing in Italy to submit an application for an entry clear- ance for family members. The form for the proxy, which is available at the Italian diplomatic/consular representation, is filled in and signed before the official of the Italian Consulate by the foreign national who has already been granted an entry visa for the above-mentioned {reasons. codes (userid and password), issued by A foreign family member of an Italian or the post office, will allow the foreign EU national is not required to apply for national to follow the status of his/her an entry clearance at the Sportello application on the website www.por- Unico, but can apply for an entry visa taleimmigrazione.it. directly at the Italian Embassy. ■ The Questura (Provincial Police Head- quarters) will notify the foreign national, at 5. Issue of a residence permit the address and mobile phone stated in ➧■ After having collected the application the application, of the date he/she must form from the Sportello Unico, the family go to the Questura to submit his/her pho- member is required to send the aforesaid tos and be fingerprinted, as well as of the form through a post office. The relevant subsequent date to collect his/her resi- receipt with two personal identification dence permit. ● Foreign Minors
oreign minors, although they have ille- minor is granted by formal order to a rela- Fgally entered the Italian territory, are tive within third degree of kinship and entitled to the rights set out in the New legally residing; York Convention on the Rights of the Child ■ “Unaccompanied”, minors who are in of 1989 where it is stated that in all actions Italy either without their parents or other concerning children “the best interests of adults who are legally responsible for the child shall be a primary consideration”. assisting or representing them. In Italy the body established by law and responsible for monitoring residence con- ➧1. Rights ditions of foreign minors temporarily To education admitted on the national territory, as well All foreign children, also without valid as for coordinating activities of all authori- residence permit, are entitled to attend ties involved, is the Committee for Foreign any kind of school levels (and not only Minors, established at the Ministero della compulsory education). Enrolment of for- Solidarietà Sociale (Ministry of Welfare). eign minors is based on the same proce- Minors living in Italy can be subdivided dures and requirements as envisaged for into: Italian children and can be requested at ■ “Accompanied”, when the custody of a any time of the school year. ▼ 15 NGS()60008 0:07 ag a 6
STAYING IN ITITALYALY LEGALLY
medicines, post-traumatic treatment, Minors falling under compulsory prostheses. education are enrolled by their par- Foreign children without residence per- ents or guardians in the grade cor- mit cannot be registered with the S.S.N. responding to their age unless the but they have the right to the necessary teachers’ board decides that the and urgent medical assistance and hospi- child can attend a different grade, talization, even in case of prolonged treat- having regard to: ment, to treatment for any illness or injury, to programmes of preventive medicine. In ■ School system in the minor’s country of any case, minors are granted access to: provenance; ■ Treatment and measures regarding ante- ■ Evaluation of skills, qualifications and natal and postnatal care; level of competence of the child; ■ Provision of necessary health care to a ■ Course of studies in the minor’s country child; of provenance; ■ Vaccinations, according to the regula- ■ Educational qualifications, if any. tions and within the regional campaigns for preventive medicine; To health care ■ International prophylaxis services; Foreign minors holding a residence per- ■ Prophylaxis, diagnosis and treatment of mit (issued for minor age, guardianship, infectious diseases. family reasons, social protection, asylum application or asylum) shall be registered To employment by their guardians with the National Health Italy accords to foreign minors the same Service (S.S.N.). Foreign children are enti- treatment envisaged for Italian minors tled to all benefits ensured by the Italian regarding the right to engage in wage- health service. earning employment (admission to { Children shall be registered with their employment only after the age of sixteen Azienda Sanitaria Locale (Local Health and after having completed compulsory Unit) having jurisdiction over their resi- education). dence or abode stated in their residence permits, submitting the following docu- ➧2. An “unaccompanied” minor ments: is also entitled to the right to: ✓ identity card; ✓ fiscal code; Protection and assistance ✓ residence permit; ✓ self-certification regarding the Italy accords to an unaccompanied minor’s residence or abode (a more minor the same treatment envis- than three-month stay in a temporary aged for Italian minors in the field of hosting centre is considered a person’s protection and assistance to a {place of habitual abode). minor. In particular, the relevant rules pro- Once a person is registered, he/she can vide for the following: choose his/her family doctor and paediatri- cian. ✓ Accommodation in a place of safety During registration the person will for an abandoned child provided by the receive the Tesserino sanitario personale competent local Authority (the Comune as (Personal Healthcare Card) and also to the a rule); following free services (or to pay only a ✓ Starting a guardianship process, if the reduced charge, known as “ticket”, child’s parents are unable to exercise their depending on the Italian region): examina- parental responsibility; tions at health care centres, specialist ✓ Child Guardianship, under the care of a examinations, home call, hospitalization, family or an assistance centre, when the vaccinations, blood tests, X-rays, scans, child is temporarily lacking a proper family 16 NGS()60008 0:07 ag a 7
environment. Not to be expelled Guardianship can be decided upon by A foreign minor cannot be expelled, the Tribunale per i Minorenni (Youth Court) except on grounds of national security or (judicial guardianship order) or by the public order (in that case, the Youth Court Social Service Department of the local has jurisdiction). Comune (Town Council) when the minor’s However, an unaccompanied minor may parents or guardian are unable to exercise be repatriated through a project of assist- their parental responsibility for the child. In ed repatriation aimed at guaranteeing the that case, parents or guardian shall give right to family unity. their consent, along with the Giudice Tute- The decision on whether a minor should lare (Guardianship Judge) who upholds be repatriated rests with the Committee and enforces this type of guardianship for Foreign Minors which, on the ground of (consensual guardianship). a specific investigation conducted in When an unaccompanied minor is found his/her country of origin, shall consider by an authority on the Italian territory what is in the best interest of the child. he/she shall be reported to: If the Committee for Foreign Minors ✓ the Procura (State Prosecution rules that the minor should be repatriated, Office) at the competent Youth Court, assisted repatriation is executed and the unless the minor is hosted by a family minor is returned to his/her family or to the member (within fourth degree of kin- competent authorities in his/her country of ship) able to care for him/her; origin. ✓ the Giudice Tutelare for a guardian- Unlike expulsion, repatriation does not ship order; imply a ban on re-entering the country for ✓ the Committee for Foreign Minors, ten years. unless an asylum application was sub- Should a minor deem that repatriation is {mitted. not in his/her best interest, he/she has the right to appeal, through his/her parents or guardian, to the Judiciary (either Ordinary Court of Law or Regional Administrative Court) against the decision of the Commit- tee. To a residence permit All unaccompanied minors are entitled to be granted residence permits as minors, only on the basis of being under the age of eighteen (and as such they can- not be expelled). A residence permit as a minor can be converted into a permit for guardianship if the Committee for Foreign Minors does not impose repatriation, and hence a guardianship order is issued by the Youth Court or by the Giudice Tutelare upon ini- tiative of the Social Services. A residence permit for guardian- ship entitles the holder to take employment under the Italian laws governing employment of minors and can be converted into a resi- dence permit for study or employ- ment, when majority is attained. ▼ 17 NGS()60008 0:07 ag a 8
STAYING IN ITITALYALY LEGALLY
If the guardian is a cohabiting foreign permit for study, employment seeking, national who is legally residing in Italy, the subordinate work or self-employment, if: minor is registered in the guardian’s resi- ✓ They have completed three years’ dence permit until he/she reaches the age stay in Italy, that is, they entered of 14 when he/she can obtain his/her own before the age of fifteen; residence permit for family reasons. ✓ They were admitted to a two-year Applications for a residence permit for project of social and civil integration an unaccompanied minor shall be submit- managed by a national private or ted by the person having parental respon- public institution and registered in sibility, namely: compliance with the law; ✓ by a guardian, if appointed; ✓ They attend a course of study or are ✓ by the legal representative of the insti- employed in compliance with relevant tution or assistance centre or local regulations or if they have signed a Authority, if the minor is placed under the employment contract, although they care of an institution or assistance centre{have not started working yet. or if he/she is under the care of a local Authority. Minors holding a residence permit for family reasons may apply for a residence To apply for asylum permit for study or subordinate work or Foreign unaccompanied minors have self-employment when majority is attained. the right to apply for asylum, through the Minors who were convicted of a crime person having parental responsibility, if before the age of eighteen can be granted there are grounded reasons to believe that a residence permit for social protection they can be persecuted in their home after having served their sentences, if they countries for reasons of race, religion, followed a programme of social assis- nationality, membership of a particular tance and integration. social group or political opinion. The residence permit for social protection Applications for asylum are examined may also be granted by the Questore, upon by the competent Territorial Commis- proposal of the Social Service Department sion for the Recognition of Refugee of the Comune, if the foreign minors were Status. If a minor is recognized refugee subject to violence and serious exploitation status, he/she is entitled to a residence (prostitution, labour exploitation, etc.) and if permit for asylum. Should the application their safety is in serious danger. be rejected, the Commission may request A residence permit for social protection the Questore to grant a residence permit entitles the holder to take employment for humanitarian reasons, if they deem and can be renewed. ● repatriation dangerous and in any case inappropriate. A minor has the right to appeal to the Ordinary Court of Law against the decision of the aforesaid Commission, through his/her parents or guardian (see “Application for Asylum”). ➧3. The age of majority The possibility for a foreign minor to remain in Italy with a regular residence per- mit after attaining majority depends on the residence permit he/she held as a minor (for family reasons or guardianship), and on other circumstances and requirements. When majority is attained, unaccompa- nied minors holding a residence permit for guardianship may apply for a residence 18 NGS()60008 0:07 ag a 9
Foreign Nationals and Anagrafe
egistration with the Anagrafe (Reg- Rister Office) is a measure enabling the mayor or his delegate to check the foreign national’s habitual residence within the municipal territory. ➧1. How to register In order to register with the Anagrafe, you must be over 18. You must personally go to the Anagrafe of the Comune (Town Council) of your residence where you will be given a form to complete and sign. Here you must also declare the resi- dence in Italy of any family members confirmation can the application be regis- under 18. tered with the Anagrafe. In this case, the Together with the application, you must date of the application submitted to the also produce: Anagrafe of the Comune will be the effec- ✓ Residence permit valid for longer tive starting date of your residence. than 3 months; ✓ Valid passport or an equivalent ➧2. It is important to know that document; Being registered with the Anagrafe is ✓ Fiscal code; fundamental for several administrative for- ✓ Documents proving your civil sta- malities, such as issuing a driving licence tus containing data that are not and enrolment in the Servizio Sanitario shown in your passport (i.e.birth, Nazionale (National Health Service). marriage, divorce, kinship etc.). ■ All personal data (name, surname, place These documents must be either: and date of birth, citizenship) indicated in - original, issued by the competent your passport must match exactly the authorities in the country where the data in your residence permit. event took place, translated into Italian ■ Any registration, change or deletion at and then certified; the Anagrafe will be officially communicat- or ed to the local Questura (Provincial Police - original, issued by the Consular Headquarters) which has territorial juris- Authorities of your own country in Italy diction. {with authentication of your signature at ■ If you are not registered with the Ana- the local Prefettura. grafe you must communicate any changes If you are living in a reception or com- of address to the local Questura, which munity centre, a residence statement has territorial jurisdiction, within 15 days. signed by the person in charge is required. ■ You must then declare your place of res- Registration of the application is made idence (also when changing place of resi- only after the Anagrafe officer, through the dence or address) to the Tax Department Polizia Municipale (Municipal Police), has of the Comune of your residence for the checked that you (and your family if the solid waste disposal tax. You will be given application also included them) are actual- the relevant form to fill in at the counter of ly living at the given address. Only upon the Anagrafe. ▼ 19 NGS()60008 0:07 ag a 0
STAYING IN ITITALYALY LEGALLY
■ If you have been living in a reception registration documents of owned vehicles centre for more than 3 months and have (if any). relevant documentary evidence, the reception centre is considered to be your ➧5. Deletion from the Anagrafe habitual abode. You should remember that your name will be deleted from the registers of the Within 60 days of the renewal of Anagrafe of the Comune of habitual abode your residence permit, you must or residence: again provide a statement of ■ In the event you move abroad or to habitual residence to the Ana- another Comune; grafe officer of the Comune by ■ If, after repeated checks or according to enclosing a copy of your new resi- the general population census, you are not dence permit. Otherwise your found at the given place of residence; name might be deleted from the ■ If you fail to renew your habitual abode register of the Comune. declaration and one year has elapsed since your residence permit expired with- ➧3. How to change place of residence out applying for its renewal. In this case, you will be informed in advance and asked If you want to move to another to renew the declaration within 30 days. Comune, you must send the appli- cation to the Anagrafe of your new ➧6. Identity card residence, within 20 days of actual In order to obtain an identity card, you transfer. must go to the Anagrafe and produce: ✓ 3 identical recent passport-size When making your application, you photographs; must produce: ✓ Valid passport; ✓ Valid identity document; ✓ Valid residence permit or applica- ✓ Residence permit or the application tion for the renewal of the expired receipt for your expired residence permit{permit. renewal; ✓ Italian driving licence and/or owned You must remember that the identity vehicles registration documents (if any). card In your application, you must point out ■ is valid for five years and is not valid for your personal details and the address travelling abroad; where you intend to establish your new ■ does not entitle a foreign national to stay habitual abode. If you intend to live with in Italy in the absence or on expiration of another family, consent from the family his/her residence permit, unless otherwise situation certificate holder will be provided for by international conventions required. If the application also involves or agreements. ● your family, all family member details are to be stated. 4.➧ How to change address If you want to change address within the same Comune in which you reside, you must duly apply to the Ana- grafe of your residence by pro- ducing a valid identity docu- ment (passport or ID), a valid residence permit (of all those who intend to change address), an Italian driving licence and/or 20 NGS()60008 0:07 ag a
Education and Foreigner Nationals n Italy, education is both a right and a ious elements (home country school regula- Iduty, namely the right to study and the tions; knowledge assessment, skills and duty to attend school until the age of 16. educational level of the student; education- Foreign nationals with a valid residence al courses attended in their home coun- permit in Italy are granted education on tries; any educational qualification). the same conditions as applied to Italians. 3. Right to education for foreign Note: the legislation on residence ➧adults living in Italy permits for study was amended Foreign adults are also entitled to with Decree-law 154 of 10th August receive education. 2007- “Implementation of Directive Their right to study allows them to learn 2004/114/EC on the conditions of Italian, which is their first need (literacy admission of third-country nation- courses at various levels). als for the purpose of studies, pupil If you want to obtain a lower secondary exchange, unremunerated training school degree, you should apply to the or voluntary service” published in school headmaster specifying your per- the Official Journal 216 on 17th sonal details and level of education. September, 2007. Moreover, you have to prove that you have a good knowledge of the Italian lan- 1. Right to education for foreign guage and a valid residence permit. ➧children living in Italy If you have already attended compul- Foreign children: sory education and wish to carry on with ■ Are eligible for education on the same your studies, you can directly enrol at a conditions as applied to Italians inde- higher secondary school in order to get pendently of their legal or illegal status; the relevant degree. ■ Are obliged to attend school accord- ing to the relevant laws in force; ➧4. Education for foreign nationals ■ May apply for admission during any living abroad school term. If foreign children do not have any identi- Foreign nationals living abroad may ty documents or if they have irregular or attend higher education courses or incomplete papers, one of the parents or technical-vocational training cours- the legal guardian of the children must take es by applying for a student visa to full responsibility for certifying each child’s the competent Italian diplomatic or personal details. In this case, foreign chil- consular authorities in their country dren are admitted on condition, without any of origin. detriment to final qualifications at the end of every level of education. Requirements: ✓ Age over fourteen; ➧2. How to enrol ✓ Enrolment certificate on the chosen Children who must attend the school are vocational or specialization training course enrolled by their parents - or by the legal issued by an Italian school or institute; guardian - in a grade corresponding to their ✓ Insurance policy for medical treatments actual age, unless the teaching board and hospitalization, if not entitled to health decides otherwise, taking into account var- care in Italy; ▼ 21 NGS()60008 0:07 ag a
STAYING IN ITITALYALY LEGALLY
✓ Proof of sufficient financial resources not less than half of the Italian minimum annual social security allowance; ✓ Documents proving that the foreign national has money to return to his/her country at the end of study. Furthermore, it shall be determined: ■ Conformity between education attained in their home country and courses in Italy; ■ Correspondence between school pro- grammes in Italy and a foreign national’s real educational and cultural requirements. As regards minors, restrictions and pro- tective measures are to be taken. 5. What to do after having received about the local evaluation system and scale ➧a student visa of grades, which determined the grade or Having obtained a student visa, you must the evaluation indicated in his/her diploma. go to the Questura (Provincial Police Head- quarters) in the place where you want to live 1. Where and how to apply and apply for a residence permit for study ➧for a study visa purposes within 8 days of your arrival. You (and any of your relatives coming to If foreign students are under age, their Italy) can apply for your entry visa to the parents or the legal guardian should apply Italian diplomatic or consular representa- on their behalf: the residence permit is tion in your home country. issued within 20 days and has the same duration as the entry visa. Application shall state: ✓ All your personal details and those of ➧6. Study and work your relatives; By previous agreement with schools, ✓ Essential data contained in passport or residence permits for study purposes any other travel document; entitle foreign nationals to have subordi- ✓ Destination country; nate work for no more than 20 hours a ✓ Purpose of stay and its length. week and for a maximum of 1.040 hours a year. As regards minors, restrictions and When applying, you shall produce protective measures are envisaged by the the following documents: Italian child labour law and regulations. ✓ Passport or any other equivalent travel document; UNIVERSITY ENROLMENT ✓ Documents concerning travel purposes; Every year by 31st December, universities ✓ Accommodation availability; fix the number of places reserved for for- ✓ Documents proving that you have eign students wishing to enrol on university enough funds to come to and stay in Italy; courses for the following academic year. ✓ Certificate of validity in Italy of your sec- However, the admission of foreign nationals ondary school diploma issued by the com- is subject to the availability of accommoda- petent Italian diplomatic or consular repre- tion facilities at universities and the result of sentation in your home country. the entry examinations. As to university enrolment, the compe- 2. When and how to renew tent Italian diplomatic or consular represen- ➧residence permits tation in the foreign national’s country vali- Residence permits for study purposes date secondary school diplomas issued in are renewed: the home country and give all information ■ If in the course of the first year you 22 NGS()60008 0:07 ag a 3
have passed an examination; dence permit for at least one year and have ■ If in the following years you have passed high education qualifications issued in Italy; at least two exams (however, residence ■ You hold final diplomas awarded by Italian permits cannot be renewed for more than schools abroad or by foreign/international three years beyond the legal length of the schools operating in/outside Italy, recog- degree course concerned). nized through bilateral agreements or spe- cific legal provisions, irrespective of your Moreover, residence permits can place of residence. be further renewed to obtain a PhD or post-graduate qualification for 4. How to change a residence the whole length of the course, and ➧permit for study purposes into a at the end of the course for one residence permit for work purposes more year. If you have graduated, you can change your residence permit for study purposes 3. Foreign students living in Italy into a residence permit for work purpos- ➧You are admitted to university on the es independently of fixed migrant quota same conditions as applied to Italians if: (their number will be deducted from the ■ You live in Italy and have a Long-Term fixed migrant quota of the following year). Residence Permit or a residence permit To this end, you must submit the rele- issued for subordinate work, self-employ- vant application to the Sportello Unico ment, family, political asylum or humanitar- per l’Immigrazione (Front Desk for Immi- ian protection and religious reasons; gration) and produce your university ■ You have lived in Italy with a regular resi- diploma. ● Health Care for Foreign Nationals U and non-EU nationals registered with ■ Foreign nationals’ dependent family mem- Ethe Servizio Sanitario Nazionale (S.S.N. - bers (with a valid residence permit) included National Health Service) are entitled to in the above list. receive health care provided for by law and Foreign nationals not falling within the have equal treatment as Italian citizens above-mentioned categories do not have to regarding compulsory contributions, health register with the S.S.N.. Nevertheless, they care given in Italy by the S.S.N. and its time have to take out a sickness, accident and limit. pregnancy insurance policy, valid through- out Italy and extended to their dependent ➧1. Foreign nationals required family members as well. to register with the S.S.N. ■ Foreign nationals with a residence permit ➧2. Where to register having a regular subordinate work, or self- In order to register with the S.S.N., you employment, or being enrolled in the unem- should go to the Azienda Sanitaria Locale ployment listings; (ASL - Local Health Unit) in your place of ■ Foreign nationals with a regular residence residence or where you currently live (as permit or those who are renewing their per- stated in your residence permit) and must mits for the following reasons: subordinate produce the following documents: work, self-employment, family, asylum, asy- ✓ Identity card lum application, adoption, foster care, citi- ✓ Fiscal code zenship or religion; ✓ Residence permit ▼ 23 NGS()60008 0:07 ag a
STAYING IN ITITALYALY LEGALLY
✓ Self-certification regarding your resi- dence or abode (a hosting centre where you have lived for more than three months can be considered your habitual abode). When registering with the S.S.N., you will be able to choose your family doctor or pae- diatrician. ➧3. Registration validity ■ Registration with the S.S.N. is valid for the whole length of the residence permit, as well as during its renewal. This registration can be extended by simply producing all the papers proving the residence permit renew- al application to the competent ASL. ■ In case of lack of renewal or revocation of You are are not eligible for this registration the residence permit, as well as in case of if you have a residence permit for treatment expulsion order, the registration is no longer purposes. Under those circumstances, you valid, unless the foreigner involved proves to will receive medical assistance after paying have filed an appeal against the above the ASL the fees provided for by law, the measures. amount of which may vary according to the region you live in. If lacking sufficient finan- ➧4. Health care provided cial resources, in the event of accidents or On registering with the S.S.N., you will be sickness, you will be granted all out-patient given a Tesserino sanitario personale treatments, as well as emergency or ongo- (Personal Healthcare Card) entitling holders ing basic hospital assistance and all preven- to receive medical assistance either without tive medicine programmes (such as vacci- payment or by paying a contribution (called nations) in accredited public and private ticket), the amount of which may vary health structures. according to the region they live in. This b) you may purchase an insurance policy medical assistance consists of check-ups in - valid throughout Italy with an Italian or for- out-patient departments, specialist exami- eign insurance company - which covers nations, home visits, hospitalization, vacci- sickness, or accidents and prenatal care, nations, blood tests, X-ray examinations, as well as in case of pregnancy. ultrasound scans, medicines, rehabilitative and prosthetic treatment. Medical assistance is always provided ✓ During pregnancy and motherhood; FOREIGN NATIONALS NOT ✓ For child health purposes; REGISTERED WITH THE S.S.N. ✓ Through vaccinations, according to If you have a valid residence permit, but regulations in force and within general you are not among those having to register disease prevention campaigns approved with the S.S.N., you have two opportunities: by the different regions; a) you may voluntarily register with the ✓ Through international disease preven- S.S.N. along with your family members liv- tion programmes; ing in Italy. You may register voluntarily if: ✓ Through infectious disease prevention, ✓ You have a residence permit longer than{diagnosis and treatments. three months (with the exception of a permit for study purposes); Foreign nationals can state they are in ✓ You and your family members are on the need and that they are consequently unable list of the patients who can be treated by to pay health treatment provided by the your residence ASL or, should it be your first S.S.N. by means of a written self-certifica- registration, the ASL of the address stated tion to be submitted to the health structure on your permit. giving medical assistance. 24 NGS() 60008 sickness. though ongoing,intheeventofaccidentsor gency orbasichospitalassistance,even The on theircards. names andfamilyare notspecified nationals to: ization, aswelldayhospitaltreatments; als havetoaskany structures. To thisend,illegalforeign nation- in accredited publicandprivatehealth basic hospitalassistance,evenifongoing, patient treatments, aswellemergency or dence permitare entitledtoreceive allout- gal foreign nationalswithoutavalidresi- to declare: and renewable. ing inItaly) sente STP ✓ ✓ ✓ ✓ ✓ I B. residence initaly A. marriagetoanitaliancitizen be grantedItaliancitizenshipin caseof: ian motherare Italian. dren havinganItalianfatherand/orItal- Italian citizens. medical report, asalsorequired of may askfortheforeign national’s ous circumstances) publicauthorities security reasons orunderotherseri- authorities. Sometimes(fornational does notinvolveanyreport topublic Hospitalization inhealthstructures ple ofdescent,according towhichchil- talian citizenshipisbasedontheprinci- Illegal foreign nationalsmay askthattheir In theeventofaccidentsorsickness,ille- ILLEGAL FOREIGNNATIONALS In order toobtainthiscard, youwillhave Emergency andnon-emergency hospital- Your lackofsufficient financialresources. Basic medicalassistance; All yourpersonaldetails; Out-patient treatments, as wellasemer- However, foreign nationalsare eligibleto STP (Straniero Temporaneamente Pre- - Foreign Nationaltemporarily liv- card entitlesillegalforeign , whichisvalidforsixmonths Citizenship ASL :8a 5 a ag 0:08 for a card called 25 lodging outsidethehealthstructure; hospital charges, aswellboard and enough moneytopaythetotalamountof the lengthofanylikelystayinhospital; expected durationoftreatment, aswell vate, specifyingtype,startingdateand Italian healthstructure, both publicandpri- ➧ cost); according totheestimatedtreatment health structure (30% of totalexpenses was depositedinfavouroftheselected resided legallyinItalyforatleastsixmonths; married toanItaliannational andhave abroad. ing documents: residence permit tothe arrival, youhavetoapplyforthespecific sentation intheircountry. petent Italiandiplomaticorconsularrepre- - askforaspecificentryvisatothecom- - alsowithanotherpersoncomingyou ments issuedabroadmustbeenclosed. your positionwillbeconsidered illegal. where youwanttobetreated. Otherwise, cial PoliceHeadquarters)intheplace the personwhocamewith,ifany. toyourcountrytogetherwith funds toreturn ➧ ■ ■ ➧ ✓ ✓ ✓ ✓ ✓ DocumentsRequired 2. Three yearsafteryourmarriageifyoulive From thedateofyourmarriageifyouare Documents proving thatyouhaveenough The applicationshallincludethefollow- Once inItalyandwithin8daysofyou If youwanttobetreated inItaly, youcan A translationintoItalianofalldocu- Medical certificateproving pathologies; Certificate proving that caution money Statement oftheselectedaccredited Documents proving thatyouhave 1. You can submityourapplication .Where andhowtoapply 1. BY MARRIAGE A. GRANTINGCITIZENSHIP PURPOSES ENTRY ANDSTAY FORTREATMENT for entry visa for entry Questura (Provin-
▼ NGS()60008 0:08 ag a 6
STAYING IN ITITALYALY LEGALLY
During these periods, no dissolution, application, the Prefettura will ask you to annulment or cessation of all civil effects of duly regularize or complete all documents your marriage should occur and no legal within a fixed date: if you do not meet this separation should be underway. deadline, your application will be rejected. The Italian citizenship granting proce- ➧2. What to do dure has to be concluded within 730 days The application for the Italian citizenship of submitting the application, provided shall be submitted to the Prefettura in the that there are all the required documents. foreign national’s place of residence, by At the end of the preliminary inquiry properly filling in the application form on stage, after a favourable opinion which a 14.62 euros revenue stamp has to expressed by the Prefettura and once be stuck. ascertained there are no hindrances for If you live abroad, you can submit your national security reasons, the Italian citi- application to the competent Consular zenship granting decree is prepared and Authority three years after your marriage. signed by the Minister of the Interior and then notified to you by your residence ➧3. Documents Required Prefettura. The application shall include the follow- ing documents: Within 6 months of the notification ✓ Summary of birth certificate trans- of this decree, you have to make an lated and authenticated in conformity oath in the Comune (Town Council) with all relevant instructions given in the of your place of residence: from the application form; following day you will acquire the ✓ Criminal record certificate issued in Italian citizenship. your home country duly translated and authenticated in conformity with all rele- Once acquired the Italian citizenship, vant instructions given in the application you are not compelled to renounce your {form. nationality. Filling in the various special sections of ➧4. Rejection of the application said application form, you can self-certify: The application for the Italian citizenship ✓ Place of residence; is rejected: ✓ Family situation; ■ For national security reasons; ✓ Legal position in Italy. ■ When a final judgement was passed Likewise, filling in and undersigning against the applicant for particularly seri- another special section of said application ous crimes either in Italy or abroad. form, you can submit an attested affidavit substitute declaration instead of the fol- B. GRANTING CITIZENSHIP lowing documents: BY RESIDENCE IN ITALY ✓ Italian citizenship certificate of your ➧1. You can submit your application if spouse; ■ You are a non-EU national and have ✓ Papers proving marriage validity. legally lived in Italy for at least ten years; EU nationals can self-certify their legal ■ You are a EU national and have legally position in their home country by simply lived in Italy for at least four years; filling in a special section of the application ■ You are a stateless person or a political form. refugee and have legally lived in Italy for at { Political refugees can submit an attest- least five years; ed affidavit substitute declaration regard- ■ You are a child or a second degree lineal ing their correct personal details and their grandchild of Italian nationals by birth and legal position in their home country. have legally lived in Italy for three years; ■ You were born in Italy and have legally If the aforesaid required papers are irreg- lived in Italy for three years; ular or insufficient, on submitting your ■ You are a person of age, adopted by an 26 NGS()60008 0:08 ag a 7
EU nationals can self-certify their legal position in their home country by simply filling in a special section of the application form. Political refugees can submit an attest- ed affidavit substitute declaration regard- ing their correct personal details and their legal position in their home country instead of the aforesaid documents, as well as a copy of the recognition of their refugee status. If the aforesaid required papers are irregular or insufficient, on submitting your application, the Prefettura will ask you to Italian citizen and have legally lived in Italy duly regularize or complete all documents for five years after your adoption; within a fixed date. Non-fulfilment entails ■ You worked for the Italian State, even the rejection of the application. abroad, for at least five years (in case of service abroad it is not necessary to have At the end of the preliminary inquiry your residence in Italy and you can submit stage, after a favourable opinion your application to the competent consular expressed by the Prefettura and authority). once ascertained there are no hin- drances for national security rea- ➧2. What to do sons, the Italian citizenship granti- The application for the Italian citizenship ng decree is prepared. shall be submitted to the Prefettura in the foreign national’s place of residence, by The Italian citizenship granting proce- properly filling in the application form on dure has to be concluded within 730 days which a 14.62 euros revenue stamp has to of submitting the application, provided be stuck. that there are all the required documents. Once acquired the Italian citizenship, ➧3. Documents required you are not compelled to renounce their Al formulario de solicitud deberá acom- nationality. pañarse la siguiente documentación: Upon proposal of the Minister of the ✓ Summary of birth certificate with all Interior, the President of the Italian Repub- personal details (except for foreign lic signs the Italian citizenship granting nationals born in Italy) translated and decree, which is afterwards notified by the authenticated in conformity with all rel- competent Prefettura. Within 6 months of evant instructions given in the applica- the notification of this decree, you have to tion form (to be submitted to the Prefet- make an oath in the Comune of your place tura); of residence: from the subsequent day you ✓ Criminal record certificate issued in acquire the Italian citizenship. the foreign national’s country of origin duly translated and authenticated in ➧4. Rejection of the application conformity with all relevant instructions Discretionary power in administrative {given in the application form. matters is provided for by law as to docu- ment evaluation. The application for the By filling in the sections of the applica- Italian citizenship may be rejected for tion form, you can self-certify: national security reasons, as well as for ✓ Place of residence; other reasons, such as: short legal resi- ✓ Family situation; dence time, lacking financial resources, ✓ Legal position in Italy. previous convictions or low integration ✓ Last three years’ income. level. ● 27