Italy has finally announced its new Immigration and Asylum laws bringing more compact system for the government to handle asylum seekers. Italian far-right interior minister Matteo Salvini has been the biggest change ever as for as refugees laws and rights are concerned in Italy. He always stood clear for his policies ever since he came into action back in Summer 2018. He became successful to get the so-called ‘Salvini Bill’ passed by the Italian parliament in November 2018. This new asylum law has been very complicated for many people they have faced a lot of problems understanding this clearly. The law clearly will help the Italian government to deport easily those who are socially dangerous and do not have a genuine reason to get asylum application approved. Here you are going to know all the key points regarding this new law and how it will affect asylum seeker who is living in Italy.
Humanitarian protection (Permesso di soggiorno per motivi umanitari) does not exist anymore. Introduced in 1998, it was the best helping route of staying in Italy for those who could not get a refugee or subsidiary protection. It was on the basis of purely ‘Human Rights’. After having three negative results of the application, there was no success possible to get so-called Permesso di soggiorno per motivi umanitari.
The mainly changed points in Salvini decree
- Now the time migrants sent to CPRs (Repatriation Centers, Centri di Permanenza per i Rimpatri) has been lengthened with ease for authorities.
- The integration system SPRAR (Sistema di protezione per richiedenti asilo e rifugiati – System for the protection of asylum-seekers and refugees)designed by the last government is to change for asylum seekers and for refugees. According to the new decree, the system will entertain only those who have already received refugee status, subsidiary protection or unaccompanied individual minors. The whole system will be changed gradually so that the previous project comes to an end with its findings. The persons who got humanitarian protection status before 5th October 2018 will be allowed to stay in the centers and SPRAR projects until the end of their current visa. This could also end before the end of there 2 years of a permit if the projects stop funding.
- The previous humanitarian protection (Permesso di soggiorno per motivi umanitari ) category has been removed and this will no more be available for the asylum seekers according to in the decree (this protection visa was a big reason of the stay in Italy for asylum seekers allowing them to first get this status for 2 years).
- The procedure and criteria to remove and grant Italian citizenship will change. There are more strict rules now for those willing to apply for citizenship.
The applicators who submitted their applications before 5 Oct. 2018 and have not had received any results till now,there surely stand a chance for them to receive get two years permit which may well be quite similar to the previous humanitarian permit. Upon expiry, this will changeable to other visa categories.
Kinds of protection offered for asylum seekers in Italy after the end of ‘Permesso di soggiorno per motivi umanitari’
- Refugee status
- special protection
- protection for subordinates
- A residence permit
- protection from domestic violence
- The persons who are victimized by natural disasters
- protection for serious medical suffering
- protection if you have rendered a notable civil service to the country
New Asylum visa duration and their conversions and renewals
Protection for subordinates: A person who had a humanitarian protection permit issued before 19 Jan 2008, will be changed to subsidiary protection liberty after the expiry of humanitarian protection. Issuing authority is Questura. The renewed visa will also be valid for 5 years. One will be able to renew it as long as he/she can prove the reasons for getting it the first time (provided that same problem exists). There are a lot of benefits on this visa category such as permission of studying in Universities, benefits of social and health services, and permission to work etc. It can be converted into a work visa.
People with Refugee Status: Having a Political Asylum allows you to stay in Italy for 5 years. It is issued by Questura and once expired can be renewed via Post. it permits you to be employed by the state as a civil servant. This status allows you to work and study in Italy. You also become a part of the social and health care system. Even government jobs are also possible with this visa category. You can sign up to the welfare system INSP where you will be given a social security number, maternity benefits, and pension, etc (provided that you qualify for the last two benefits).
The persons who are victimized by the natural disasters: This is for six months but you can renew it for a further six months. It can not be converted into work permit but you are allowed to work having this in hand.
Protection of special cases: This permit is for different period length but mostly lasts for six months with the possibility of renewing for one year. It allows you to study and work as an employee. This permit is convertible into work permit if you have an unlimited job contract or into study permit while you are in the middle of your studies at the time of expiry of this permit. In the case of a domestic violence victim, it is given a permit for one year. You can get access to social services. You are allowed to sign up to an employment agency to look for work. If you are a victim of workplace exploitation, you are provided the permit for six months which can be reviewed for one more year. This permit allows you to work.
If you are awarded for valor to society: This protection is for two years with the ability to get it renewed. Studying and working is possible.
How will the decree effect for those who will arrive in Italy in the future?
The fresh Migrants who will arrive in the future will be able to apply for asylum .they can get refugee status, subsidiary protection,1 special protection or special case protection if they qualify as these all protections are mentioned in detail above.
How will the decree effect for those who are already present in Italy?
The persons who have a valid humanitarian permit will be allowed to stay in Italy? it is convertible into work permit at the time of expiration depending on their individual case. if they have grounds to qualify for a special protection permit they will be referred to a commission and have their case assessed
What happens to the persons who already hold humanitarian protection?
Those who had humanitarian protection before 5 Oct 2018, will keep that protection until the permission expires. If they want to renew it to that date they will be able to convert their permit at the expiration or before that date into a work permit. these all things are possible if you have a genuine job contract or you fulfill the conditions for being a freelancer, as long you also have a passport or equivalent document which is still valid.
If you do not change your human rights into a permit for it, your commission will be sent back to the commission if they believe that you have anxiety or violence, then you will be given special protection. this is for one year It will allow you to work It is renewable that the commission is aware that you are still in danger of violence or violence if the commission finds you face violence or anxiety If not, you will be issued with a refusal if you do not appeal with this refusal to be removed from you It will become unlawful unless you meet the requirements of any other type of permit, we can only assume how many people can be asked to leave the Italy area as a result of change in law, but our idea It’s a million people
How many people can be asked to leave Italy in this decree?
It is difficult to calculate exact amount, but we estimate that it can be about 70 thousand people, according to the Ministry of Interior, entered June 30, 2018, there are 48,000 refugees in Italy currently 3300 (6.9 percent), , was given shelter. approximately 2000(4.1 percent), given that shelter, the protection of subsidiary was presented 13500 (28.1 percent). As many as 8500 people were protected before the law passed between October 2018 and January 2019, till February 2019 the number of human rights protection personnel reached two percent
Those who do not have the authorization to remain in Italy what is their future?
Primarily those who refuse to conserve protection are called to leave Italy, the problem is that many of them do not have a passport and if they have a passport it is possible they do not the rent for flight to return home. The special plan has been prepared for it, and those who reach are sent to welcome centers and those who are going to return are put in the backward centers
Is this possible to change the lawyers during case running?
yes, it is possible to change the lawyer. it should be registered that he has taken the case. Many people have the problem that they get out of the system because they are supposed to understand that their story is not a story-teller, but there are some people who are lying but others have experienced a lot of fear It is very difficult to trust the authorities and they do not often show details which can be helpful for their application.
I want to convert my permit into a work permit but the document has not yet arrived. Can i visit my country without it?
Possibly you can do this even when you are waiting for any document, if you have an officially stamped receipt, you may also be able to travel but be careful because These receipts are not recognized all the countries. the best way is to be taken direct flight and wait for a document because your home country will not provide you passport you have to wait for this proposal to improve Otherwise you may face problems and will not be able to get protection from your ambassadors
I thought if you were ill, you would be able to stay in Italy. I have seen many people who are shown their illness for two years and when they took their hospital certificates to the commission, they still refused to grant him permit why?
Medical treatment only given to extreme and serious cases, their condition is that if they go home, their lives will be dangerous if this is the case, Will give you a maximum of one year and will be renewable for permits as long as the medical condition remains. It is only for the Italy area. It is very difficult to comment on individual matters but usually, you have to wait for the commission’s decision to move to the next step if you get a negative answer, you will need to find an association that is legal advice and the can help you, where you can succeed in solving the decision.
Let’s take a question from a humanitarian permit holder
I am now working and I have a valid work contract.i have two years humanitarian work permit, at the time of the expiration or before the expiry date of the permit will I be able to renew it if yes for how long time?
You will have to make a change in the permission of this work so that you do not allow a grant that is renewable or acceptable if you do not change it now, your case will be sent back to the commission as previously It has been described that they will review whether you are in a violent or dangerous situation or if you are in those situations, you will be given special protection, but you need to be very careful because It needs to be renewed annually and changes in work permissions are not possible even if you have the work that is right and also valid.
Refuse case or someone want to do work in the city area
I want to leave the camp and move to the city area where there might be more work opportunities. is that possible and can I move my residence permit from one questura to another? I already have a refusal in my pocket?
you can apply for transfer of management. This work is also very difficult to do with a lawyer, just getting the right to live in a special center just because you do not want to move, but a lawyer can see the matters individually and he knows all the details One hand able to find a solution. All this will depend on whether the commission has already checked your case or not if you have left more than one of the welcoming centers without the intervention of the commission. Because you are removing your asylum claim if you have already declared your case on your case already,
A person came to Italy in December 2015 and he claimed his asylum in Oct 2018. He has a question that either he will effect by the decree or not?
Actually, after seeing all this matter, it depends on the claimed date you have acquired asylum is a matter, not that date on which you arrive in Italy. You did start by October 2018, for this you need a detail that has already given above and it will be decided only when you have been claiming for self-interest if you already have the protection of human rights. What happened, it seems that you are ineligible for full refugee status or special protection, the best solution to all matter is that you can apply your permit to work permit. Change your permit so that your problem will be solved.
Some refugees want to go to another European country because they do not feel free in Italy even they are recognized, refugees. because they are treated as they are illegal?
It looks impossible this treatment to a recognized refugee in Italy .if you are a recognized refugee you come under the same convention as any other signatory to the treaty.
A man and woman are living together without marriage will the rules for families apply to them or will they considered separate?
Actually, it observed case to case the best way is to seek the advice of a lawyer to try to work out what is possible for their situation. Because in a traditional family there are rules to recognize the family based on the working partner. There are rules for recognizing a family unit even without marriage but when it comes to applying rules across the adults in the family it is much simpler if the two people in question. the best advice would be to get married if you want to make sure that the rules for the working person will apply also for the dependent spouse.
My job is in a project center for two years now they are asking to move.i have told them that I do not want to move.t They are not understanding, now I feel like I am going to leave Italy to search for a better situation in another country please guide me
As you know that it is necessary to comply with the rules of the project. if you are treated unfairly you should contact an association for migrants and refugees for help and legal advice.
If someone is attacked in an Italian camp on the grounds of their sexuality or cast does that make them vulnerable and would it capable them for a residence permit?
First of all, you have to report to the police what has happened . if you can prove that then there is a possibility to obtain a permit. But That case can be more complicated whet it processed.
My friend is in Italy. if he leaves Italy. Can he starts asylum request from scratch or will his refugee status be valid another European country
Your friend will require his passport from his homeland or a valid travel document from an Italian Questura .he has to show that he has enough money for return journey and for stay, and he can maintain himself.he is unable to work in any another EU country and if he is expelled from the country for any reason he will be returned to Italy .he should not be deemed a threat to national security and not be wanted person in the state to which you would like to travel. the persons who have a wider residency permit he can also study or work in the other EU state if the second Eu state wants to take him in. according to its own laws and policies. Some Eu states have caps on this type of entrance.if you received a confirmation letter of your refugee status, or subsidiary protection or humanitarian protection and a right to stay then for three months you can travel to any EU country as long your permit is still up to date for the duration.
I have been asked to leave Italy, what can I do please, Actually in my asylum application I have received three negative answers
It is not as easy as it looks.you should have a table talk with your authorities. you will have to present your self to the authorities and comply with their demands to leave your area.
Can residence permit be converted into a work permit?
First of all, it will be observed that the work you have been doing is official or unofficial if you have been working unofficially then it will be very difficult to justify the conversion. You need a valid work contract to be eligible to convert a residence permit into a work permit.
What about the renewal of resident permit?
It is a serious case. If you did not cooperate with the Italian authorities and not presented the documents requested you could find your self receiving a refusal to your asylum process. you need all papers that were submitted at the time when you visit Questura . The main thing is that what is the stage and condition of your permit now.