Staying in Italy Legally
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NGS()60008 0:07 ag a 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 2 NGS()60008 0:07 ag a 3 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. 3 NGS()60008 0:07 ag a 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 STAYING IN ITITALYALY LEGALLY ✓ 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.