What does it take to get a residence permit of Italy under new law decree 103 paragraph 5? Can someone who is illegal in Italy and has no residence permit application for legal status?
The government of Italy has taken measures on 19 May to accommodate such migrants who have no legal status at all in Italy or their residence permit has expired and they cannot renew it.
The first few days have not been that good as for as applications submitted are concerned. In the first 5 days, the numbers were far from encouraging: less than 10 thousand applications were submitted, even if there were over 60 thousand accesses to the information platform. Hoever, this seems to rise once the time goes ahead towards closing dates.
Application submission dates
From 1st June to 15th July it will be possible to submit an amnesty application for some categories of irregular foreigners present in Italy.
For which sectors residence permit can be applied?
Illegal immigrants (with no legal status at all) can legalize their presence in Italy if they prove they have worked or have a contract in the following sectors
- agriculture (as well as fish farming and related activities)
- domestic workers such as domestic helpers
- caregivers
- carers of people with disabilities
Who can apply for a residence permit?
The decree provides two possibilities to help two categories of foreign workers:
- illegal immigrants totally without a residence permit
- migrants who have an expired residence permit and cannot renew the permit nor convert it
1- Migrants without any legal status
Those who are total without a residence permit ( illegal immigrants ), but already have a job or someone who is willing to hire them, may request that the employer declare the existence of the current employment contract, or conclude a new employment contract.
- Basic conditions for applicant (foreigner)
The determining condition is however that the irregular foreigner proves that he arrived in Italy before 8 March 2020, when the COVID emergency broke out, and that he had not left Italy for this whole period. The foreigner must demonstrate his presence in Italy before 8 March, with documentation from public bodies, such as the Municipality, the Prefecture, the Police Headquarters, or through the certificate of presence on Italian territory.
- Basic conditions for the employer
There are certain requirements that an employer should fulfill to sponsor an applicant for a residence permit. There are established income requirements that the employer must possess in order to proceed with the regularization of the employment contract:
– for the regularization of employment relationships in agriculture, livestock, animal breeding, fishing, aquaculture, and related activities, the employer is expected to have a minimum taxable income of not less than 30,000 Euros.
– for the regularization of domestic work and personal assistance relationships, the income must not be less than 20 thousand Euros for the single-person household, while it must not be less than 27 thousand Euros for the household consisting of several cohabiting subjects. An exception to the request for a minimum income limit is the non-self-sufficient employer who submits the application for the regularization of the person in charge of his care.
- Application procedure
The application for regularizing an employer can be submitted to the Single Desk for Immigration, or by electronic procedure on the https://nullaostalavoro.dlci by digital authentication with SPID, according to the instructions contained on the site by the employer.
The receipt of the payment of the contribution of Euro 500.00 must be attached to the application, uploading it on the model, to be paid via the f24 form in the bank, at the post office, or via the website of the revenue agency.
After assessing the absence of reasons that prevent the acceptance of the application, and after verifying with the Labor Inspectorate that the employer has the income conditions to pay the hired worker, the Immigration One-Stop-Shop calls the employer and the foreigner for the conclusion of the contract and for the request for a residence permit.
2. Applicants with an expired residence permit
The second category of foreigners who can apply for a residence permit is that those who are in Italy with a permit expired on 31 October 2019 and not renewed or converted into another permit. For them, there is the possibility of applying for a temporary work permit for six months, and if in this period of time they find a stable job, they will be able to convert the temporary permit into a permit for subordinate work.
- Basic condition
Proving that they hold an expired residence permit.
- Application procedure
The applicant can apply himself for a temporary residence permit to the Questura by filling in the application form at the authorized post office. The receipt of payment F24 of Euro 130.00 must be attached to the form.
Further documents to be attached to the application are:
- passport
- documentation proving the presence in Italy from 8 March 2020
- documentation attesting to having worked in one of the sectors identified in the annex to the decree ( annex 1 to the inter-ministerial decree ).
- The foreigner will then be summoned to the police headquarters to examine the request and issue the residence permit.
How the process is being handled in the labor market?
As reported by today’s edition of La Repubblica, prices have now risen: for a fake employment contract – whether for the carer, worker, or housekeeper – it has gone from 3 to 5 thousand euros. There were many foreigners who, a few days after opening the window for submitting applications, asked for information on these huge figures. In this sense, Matteo Mauri promptly prepared an SOS rights toll-free number for the reports of the scams and discriminatory practices that are taking place. ” Impossible to intercept them all but I guarantee that we will do all the necessary checks,” assured the deputy interior minister.
Italy opens immigration 2020 for undocumented immigrants. Read here complete story