Italy Instruction Booklet. Multi-lingual Guide to rights and services

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2 Italy Instruction Booklet Multi-lingual Guide to rights and services i

3 Italy Instruction Booklet Multi-lingual Guide to rights and services Edited by Giovanni Di Dio Translation by Mariel Haas Ried Graphic design by Vittorio Dario Brocadello Xenia - Associazione per lo studio sulle migrazioni e lo sviluppo Via Marco Polo, n.21/23 - Cap Bologna tel. e fax info@xeniabo.org

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6 When and where must the stay permit be requested? It must be requested within 8 working days after entering Italy at the local Prefettura (Prefecture) Sportello Unico per l Immigrazione (SUI) or Unified Immigration Desk. In regards to entry and stay in Italy for visits, business, tourism, and study for no more than three months (90 days), a dichiarazione di presenza, or declaration of presence, done at the border (customs offices at airports, naval ports, etc.), or at the local Questura (Police Station), is sufficient. Enrolling at the Registry Enrollment at the local Registry Office is mandatory in order to obtain one s residency in the city in which one is currently living. It is very important because it allows the foreigner to complete various bureaucratic obligations, to have access to services, and to carry out various procedures (get a driver s license, enroll in the National Sanitary Service, obtain financial contributions in case of monetary problems, obtain a social assistant, have the possibility to request public housing, etc.) Enrollment at the Registry (legal residency) is the registration of personal information (name, surname, citizenship, address, etc.) on behalf of the citizen and his/her family in the place where he/she is currently living. The enrollment of legal foreign citizens must be done under the same conditions and timeframe as Italian citizens. It can be done at the Uffici Anagrafe dei Comuni (City Registry Office) or at the dedicated counter for citizens at local neighborhood offices (district, municipality, etc.) The Registry Office will issue an Identity Card (carta di identità) in which all of the personal data of the citizen and the address of residency are written. The card is valid for 10 years. With the approval of the Pacchetto Sicurezza (L. n. 94/2009), requests for enrollment or variations in residency, could require, on the part of the competent local office, the verification of the hygienic-sanitary conditions of accommodations. Enrollment at the Registry while waiting for stay permits The foreign citizen waiting for his/her first stay permit can be enrolled at the registry. The documents which must be presented for the entry for subordinate work reasons are: The contratto di soggiorno (stay contract); The receipt verifying the mailing of the postal kit requesting the permit. In the case of family reunion they are: Entry visa; The receipt verifying the mailing of the postal kit requesting the permit; A photocopy of the nulla osta (entry clearance) issued by the Sportello Unico (Unified Immigration Desk). Renewal of residency and cancellation It is necessary to renew the declaration of residency within 60 days after the renewal of the stay permit. During the renewal process, foreign citizens remain enrolled at the registry and maintain residency. Issuing, duration, and renewal of stay permits With the first issuing, after having checked all the documents at the Prefettura Sportello Unico per l Immigrazione (Unified Immigration Desk) and filled out the request, one must send away the request for a stay permit at the local post office. To renew or update a stay permit, one must obtain an envelope or kit at the local Post Office which contains the forms to be filled out and, once the required documents have been attached, it must be sent to the local Prefettura Sportello Unico per l Immigrazione. 5

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8 Proof of available lodging (e.g. Declaration of hospitality, hotel reservation); Eventual letter of invitation on the part of one s host in Italy; Round trip ticket; Health insurance. Permit request: within 8 days after entry into Italy, by way of postal kit. If the stay is less than 30 days, one can present the request at the customs office at the border (e.g. At the airport). Duration: it can last up to 90 days, and can be used every 6 months. Renewal: it cannot be renewed, except for grave and urgent medical treatment or humanitarian reasons. The stay permit for tourism reasons cannot be converted, except in the case of family cohesion with legally residing relatives. In this case, the rules for family reunion will be applied. Stay permit for subordinate work reasons To be able to come to Italy to work, it is necessary to be authorized by the Italian authorities (nulla osta) and to obtain an entry visa for work reasons. The nulla osta at the hiring or at the beginning of work activity is the authorization given to the employer (Italian or legal foreigner) to hire a foreign citizen residing abroad. Every year, a maximum number (quote) of nulla osta is established through a law known as the Decreto Flussi. The request for the nulla osta must be sent by the employer to the Minister of the Interior (Ministero dell Interno). If the quota is assigned to the employer, the nulla osta will be sent to the foreign worker, who must then go to the Embassy to request a visa. The employer must request the nulla osta by sending a form on the internet site: nullaosta. lavoro.interno.it Once the program for sending the form has been installed, the form must be filled out, and, on the day established by the Decreto Flussi, the document must be sent in. Documents for requesting a visa at the Italian Embassy: nulla osta for subordinate work to be used within 6 months of its issuing; valid passport; travel document (ticket). Issuing of the stay permit Within 8 work days after entry into Italy, the worker and the employer must go to the local Sportello Unico and sign the contratto di soggiorno (modello Q) (stay contract form Q). This is a document in which all the details of the work relationship and the availability of housing for the worker are written. Once the stay contract has been signed and the visa checked for legality, the local Sportello Unico will assign an already filled out postal kit to the worker for the request of the stay permit. With the receipt of the mailing of the request for the stay permit, the worker is entitled to legal stay rights and status (see the chapter on stay permits). Duration up to 2 years for subordinate work for an indeterminate time; up to one year for subordinate work for a determinate time. Renewal: at least 60 days before the expiration Documents required for the renewal: forms 1 and 2 of the postal kit, both filled out; 7

9 photocopy of passport; photocopy of the stay permit that will expire; photocopy of the declaration of hospitality or the cessione fabbricato (authorized use of a building) regarding the foreigner s housing; photocopy of the stay contract with the photocopy of the receipt of transmission to the Sportello Unico; photocopy of the documentation proving the availability of an income from work or other legal sources, sufficient enough for sustaining the worker and his/her family members: most recent tax declaration or pay stubs regarding the period of hiring; in the case of domestic work, along with the documents listed above: photocopies of the payments made to INPS in the last 12 months. In order to have the renewal, the holder of the stay permit must demonstrate the availability of an income sufficient for him/herself and for his/her family (for more information, see the section on permits for family reasons). Stay permit for freelance work The foreign citizen interested in doing an autonomous activity (freelance) in Italy must obtain authorization for entry (nulla osta at the issuing of authorization or enrollment in the albo or professional register of the freelance activity) within the quotas established every year by the Decreto Flussi. Once the nulla osta has been obtained, the Italian Embassy, after verifying the possession of the required documents, will issue a visa. The visa must be issued within 120 days of the request. Documents to be presented for the request of an entry visa for Italy: valid passport; travel document (ticket); eventual approval for the autonomous activity issued by the Italian authorities; Proof of available lodging (declaration of hospitality, rental contract, purchase contract for a house); proof of an income of at least about 8,400; nulla Osta from the local Questura issued no more than 90 days before. Issuing of the stay permit Within 8 days after arrival in Italy, it is necessary to request the stay permit, presenting the following documentation: request filled out and signed by the interested party; photocopy of the entire passport; economic resources adequate enough for carrying out the autonomous activity; possession of the eventual enrollment in professional registers; nulla osta from the competent authority at the issuing of authorization of licenses for said activity; proof of available lodging; possession of an annual income above the minimum level established by the law for the exemption from sanitary costs (about ). Or, alternatively, a guarantee on the part of Italian authorities or citizens or legal foreign residents in Italy. Duration of the stay permit: maximum 2 years. Renewal: at least 60 days before the expiration. 8

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15 The conversion of the stay permit The conversion of the permit is the request for a new stay permit for the activity currently being carried out. The request can be sent during the validity of the first permit in possession or when it expires. Many stay permits can be used to carry out various activities without the necessity of conversion. In particular: The stay permit for autonomous work allows one to be hired as a dependent worker (subordinate); the stay permit for subordinate work, not seasonal allows one to carry out autonomous work; the stay permit for family reasons, for humanitarian reasons, or for integrations of minors allows one to work as a subordinate, or autonomously, given certain conditions; the stay permits for subordinate and autonomous work and for family reasons can be converted into stay permits for elective residency; the stay permit for study reasons or for professional training can be converted into a stay permit for autonomous work or subordinate work given certain conditions, under the decreto di programmazione dei flussi di ingresso per cittadini stranieri (decree for the programming of entry influx of foreign citizens). FOREIGN MINORS Even if they enter illegally into Italy, foreign citizens, under the age of 18, are guaranteed all rights set out by various international laws (Convention of New York on the rights of minors of 1989). Minors present in Italy can be: accompanied, minors given over to relatives within three degrees of separation and legally residing in Italy; not accompanied, minors in Italy without parents or other adults legally responsible for their assistance or representation. Every minor under age 18 has the following rights: Access to school: the foreign minor, even without a stay permit, can attend school up to age 18; Access to health care: it is mandatory for the foreign minor to be enrolled in the National Sanitary service (SSN) and receive all medical treatments necessary; Access to work: the same laws must be applied to foreign minors as are applied to minors with Italian citizenship (possibility to work when they turn 16 and after having fulfilled the required scholastic obligation); No expulsion : foreign minors cannot be deported except for reasons relating to National security. Minors can be sent back to their country of origin and their family, only if it is believed that there will not be negative consequences. Foreign minors not accompanied have the right to be hosted in a safe place, usually established by the Municipal, or to be fostered by a family or a community. Fostering will be decided by the Court for minors or by the Social Services of the Municipal. Every foreign minor has the right to a stay permit. Non-accompanied minors have the right to a stay permit for underage or for fostering, when the minor is fostered by a family chosen by the Court for Minors or by a community. When the minor turns 18, the stay permit can be converted into a permit for work or for studying, if the minor has followed a social integration program for at least 2 years. This program will be created by the community or family to which the minor was entrusted and requires a series of activities regarding the improvement of the Italian language, access to scholastic courses, or work experience. 14

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17 currently working. In the case of study, one must show a copy of the scholastic documentation. 2. Enrollment in the National Sanitary Service. In the case of stay for study or elective residency, the EU citizen must sign up for a private health policy or show that he/she has transferred the health care from his/her country of origin to Italy (forms E106, E120, E121, E109). Note: In any case, the EU citizen is not deportable even if he/she is not in possession of the enrollment at the registry. Right to reuniting family EU citizens can be joined by their family members (EU and non-eu), who when they enter into Italy, must enroll themselves at the Registry. Family members of EU citizens This refers to spouses, children up to age 21, parents of both the citizen and his/her spouse. If the relatives are EU citizens, they can be registered at the Municipal, showing that they are dependent on the family already present and in possession of the income and housing requirements established by the law. If the relatives are not EU citizens (foreigners), they have the right to a stay card with a duration of 5 years. For the stay document they must go directly to the Questura. The service is free and they must present the following documents: Valid passport; A document proving the family relationship, legally recognized in Italy and, if requested, the dependent family member; Entry visa issued by the Italian consulate, if necessary; 4 passport size photos; The certificate of registry of the EU citizen. CITIZENSHIP In general, in order to acquire Italian citizenship, it is necessary that at least one parent (father or mother) is an Italian citizen. Regarding foreign citizens, Italian citizenship can be granted in two cases: Marriage to an Italian citizen; Residency in Italy. Granting for marriage After marrying an Italian citizen, the request can be sent in: after 2 years of legal residency in Italy, starting from the wedding date; 3 years after the wedding date, if living abroad. If there are children, the times for sending in the request can be halved. Note: until the granting of citizenship, there must be no separation, annulment, divorce or dissolution of the marriage or civil union. Documentation to attach to the request: Birth certificate, translated and legalized by the Italian consulate authority in the country of origin; Police records from the country or origin, translated and legalized; Stay document; Full marriage certificate; 16

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21 The retribution (payment) is the economic treatment to which the worker has a right for the activity carried out as a service for the employer. The retribution must be: proportionate to the quantity and quality of the work performed; sufficient enough to guarantee the worker and his/her family a dignified standard of living. In order to renew the stay permit, the minimum level of payment must be at least the value of the social allowance (for 2009, 5, for the new year about per month). The social allowance is a form of economic aid normally given to citizens over age 65 with a very low income and who worked very few years (welfare). In general, in dependent work, all of the applicable rules, for example, the minimum and maximum pay, work hours, vacation time, working conditions, qualifications and duties, rights in case of sickness, union rights, etc. are established within the documents called the National Collective Work Contracts (CCNL). Every dependent job has its own CCNL of reference. Furthermore, in every dependent work contract, the corresponding CCNL rules must be written. Rights of dependent workers Patrimonial Rights: the dependent (subordinate) worker always has the right to a salary, to a settlement at the end of the work relationship (severance pay), to special benefits, that is to say financial assistance aiding the worker, for example in the case of sickness, unemployment, etc. Personal rights: one has the right to weekly breaks, daily breaks, and to vacation time. The dependent worker has the right to study and to take days off from work for scholastic exams. The freedom to express one s opinion and the right to privacy of the worker must be protected. Union rights: the worker can take part in union activities, as well as organize types of protests defending his/her rights for example company strikes. Firing Firing (licenziamento) is when the employer communicates to the employee that he/she would like to end the employee-employer relationship. Normally, the employer can fire an employee only in the presence of specific motives regarding the behavior of the worker (just cause or justified subjective reason) or for situations in which the company finds itself (justified objective reason). If an unjust firing occurs, what are the rights of the worker? If firing occurs without a real motivation, under the law, if the company is small, the worker has the right to take back his position or to receive financial compensation (up to 6 times the amount of his/her monthly paycheck). If the company has more than 15 employees, the worker has the right to be reintegrated and to receive a financial compensation equal to 5 times his monthly pay. For all of the abovementioned cases it is necessary to meet with a union representative or a lawyer specialized in worker s rights. Resignation Resignation is when the worker communicates to the employer that he/she would like to end the employee-employer relationship. When and how must the resignation be communicated? Resignation must be sent in writing before (advanced notice) the date on which one intends to end the work relationship. The amount of time necessary for advanced notice is established in the contract or one can refer to the national collective contract (CCNL). 20

22 WORK AND STAY PERMITS Stay permits for subordinate work To be able to come to Italy to work, it is necessary to be authorized by the Italian authorities (nulla osta) and to obtain an entry visa for work reasons. The nulla osta at the hiring or at the beginning of work activity is the authorization given to the employer (Italian or legal foreigner) to hire a foreign citizen resident abroad. Every year, a maximum number (quote) of nulla osta is established through a law known as the Decreto Flussi. The request for the nulla osta must be sent by the employer to the Minister of the Interior. If the quota is assigned to the employer, the nulla osta will be sent to the foreign worker, who must then go to the Embassy to request a visa. The employer must request the nulla osta by sending a form on the internet site: nullaosta. lavoro.interno.it Once the program for sending the form has been installed, one must fill out the form, and, on the day established by the Decreto Flussi, send in the document. Documents for requesting a visa at the Italian Embassy: nulla osta for subordinate work to be used within 6 months of its issuing; valid passport; travel document (ticket). Issuing of the stay permit Within 8 work days after entry into Italy, the worker and the employer must go to the local Sportello Unico and sign the contratto di soggiorno (modello Q) (stay contract form Q). This is a document in which all the details of the work relationship and the availability of housing for the worker are written. Once the stay contract has been signed and the visa checked for legality, the local Sportello Unico will assign an already filled out postal kit to the worker for the request of the stay permit. With the receipt of the mailing of the request for the stay permit, the worker is entitled to legal stay rights and status (see the chapter on stay permits). Duration up to 2 years for subordinate work for an indeterminate time; up to one year for subordinate work for a determinate time. Renewal: at least 60 days before the expiration Documents required for the renewal: forms 1 and 2 of the postal kit, both filled out; photocopy of passport; photocopy of the stay permit that will expire; photocopy of the declaration of hospitality or of the communication cessione fabbricato regarding the foreigner s housing; photocopy of the stay contract with the photocopy of the receipt of transmission to the Sportello Unico; photocopy of the documentation proving the availability of an income from work or other legal sources, sufficient for sustaining the worker and his/her family members: most recent tax declaration or pay stubs regarding the period of hiring; in the case of domestic work, along with the documents listed above: photocopies of the payments made to INPS in the last 12 months. 21

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30 HEALTH THE NATIONAL SANITARY SERVICE (SSN) Represents the structures and services that guarantee the protection of health and health care to all Italian and foreign citizens. It is mandatory to enroll in the SSN for: Foreign citizens with a legal stay permit (subordinate work, autonomous work, family reasons, asylum, requesting asylum, awaiting adoption, foster, to acquire citizenship, for religious activities), or in the renewal phase; Foreign citizens with a CE permit for long term residents; Family members with a stay permit; Foreign citizens with a stay permit for medical treatment cannot enroll in the SSN; medical costs are at their own expense. Enrollment in the SSN and choosing a general practitioner (GP) Enrollment in the SSN can be done at the local sanitary agency, or Aziende Sanitarie Locali (ASL). ASL includes the local hospitals, clinics, consulting offices and offices in general of the territory in which the citizen has his/her legal residency or where he actually lives (place of residence), indicated on the stay permit. At the time of enrollment, a family doctor is chosen and also a pediatrician, if there are children in the family. The necessary documents for enrollment are: Identity document ; Valid, or together with the renewal receipt, stay permit; Residency certificate (or declaration of place of residence at the address indicated on the stay permit). Unemployed citizens enrolled at the CPI must present a self-certification that they are on the placement lists. Every citizen chooses a family doctor (general practitioner) to receive the first level of medical care for all of the medical visits for which it is not necessary to go the hospital. The difference between a family doctor and a specialist is that the family doctor cures the patient s overall health, and is familiar with and educates patients about their general health. Why having a family doctor is necessary One must go to the family doctor s office and not the emergency room when there is a small, not serious, medical problem. The family doctor... Prescribes medicines, exams, and specialized visits; Can accompany his/her patient to the hospital or follow the phases of hospital stays or discharge; Keeps the patient s medical records up-to-date; Gives workers sick leave certifications and children sick day certifications when they must return to school after being home sick; Gives medical certifications for those who participate in sports; Must assure planned assistance with the patient at his/her home and planned assistance in the communities and protected areas; If needed, makes house calls; Can ask the opinion of (consult) a specialist. 29

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34 Blind people and deaf-mutes; Victims of terrorism or organized crime; Citizens over age 60 with a social or minimum pension; The ticket does not have to be paid for specialized cures for the following people: Pension holders and their dependent family members; Unemployed people, citizens over age 60 with a minimum pension; 100% invalid persons or more than 66% invalid or with the assignment of a caretaker; Those injured at work, and all citizens with pathologies and conditions indicated by specific laws. The ticket must not be paid under the following circumstances: For the early diagnosis of tumors (for women over age 45, the pap test is free); For the protection of maternity (mammograms, etc.) For the donation of blood, organs, tissues, and mandatory vaccines for children under age 14. VACCINATIONS Vaccines are medicines used for the prevention of infectious diseases. Vaccinations are the safest and most effective way to obtain protection against some serious diseases. There are different types of vaccinations. Childhood vaccinations are a series of periodic vaccinations which are administered throughout childhood for the prevention of diseases which threaten the lives of children. Vaccinations for adults are not mandatory (optional) and should be done by all people over the age of 65 to prevent the flu, pneumonia, or tetanus. All adults should be vaccinated for tetanus. Some adults, even if under age 65, belonging to high risk groups, should do the vaccine against Hepatitis B, flu, and pneumococcus. Mandatory Vaccinations for children against tetanus, diphtheria, polio and hepatitis B Mandatory vaccinations are free. Recommended vaccinations against: measles, whooping cough, rubella. For adults, vaccinations against tetanus and hepatitis B are recommended. Places where a certificate of vaccination is required Normally at school and specifically: at primary school, nursery school, and preschool. It is also required in order to send children on trips or to summer camps or to enroll them in competitive sports activities. THE EMERGENCY ROOM AND HOSPITALS Urgent matters and emergencies In particularly serious and emergency situations, once can utilize the following services: Guardia Medica, 118, Pronto Soccorso (Medical Guard, 118 emergency phone number, Emergency Room) La guardia medica During the night or on holidays, in particularly urgent cases and when it is not possible to contact one s family doctor or pediatrician, one can call the medical guard, which is a free health assistance service and can by contacted by telephone. Calling the number, which varies from city to city, a doctor will answer who will advise you on 33

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