LIVING IN ITALY A GUIDE FOR FOREIGN NATIONALS ENTRY AND STAY FAMILY WORK HEALTH EDUCATION HOME CITIZENSHIP

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1 REGIONE del VENETO PROVINCIA di TREVISO LIVING IN ITALY A GUIDE FOR FOREIGN NATIONALS ENTRY AND STAY FAMILY WORK HEALTH EDUCATION HOME CITIZENSHIP This guide was awarded the Quality Prize at the National show of public communication and services to the citizen (COM PA) of Bologna of the 19th of September 2002, because of the innovativeness of such a means of communication

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3 This second edition of Living in Italy, that is a guide which addresses mainly to foreign nationals who decided to stay in Italy, has been renewed according to the new dispositions introduced by the law no189 of 30 July 2002 This year s edition of the volume, realized within the scope of a special provincial-regional scheme for Immigration and Reentry, comprises an important novelty: it has been published in eight languages, that is, besides Italian, French, English, Spanish, Albanian, Arabic, Russian, Chinese With this tool we aim at approaching and make ourselves understood by the aliens who live among us, helping them to obtain accurate information about Italian laws, administrative procedures and social organization which are different from those of their countries of origin The guide is also a precious tool for Italian nationals, who increasingly deal with immigration issues and therefore ask for advice on the relative regulations In fact, we must not forget that the majority of those who apply to Information Centres for Foreigners are in fact Italian nationals Advice is being given on the most common problem areas of the alien s daily life: entry and stay, family, work, home, health and education The guide is designed to give basic information without presuming to be exhaustive about the complex regulations on immigration and on the alien s status The final section of the guidebook is dedicated to useful addresses of institutional seats, information services, schools and training centres, socio-medical districts, embassies and consulates, as well as associations and organizations providing services within the area of our Province With this publication we hope we are granting a first and essential reception service, which is a fundamental prerequisite for mutual respect and integration L Assessore alle Politiche Sociali (the Councillor for social policies) Paolo Speranzon Il Presidente della Provincia di Treviso (the Chairman of the Province of Treviso) Luca Zaia 3

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5 Index INDEX 1 Entry and stay pag 9 11 Entry Visa pag Illegal Immigration pag Residence Permit pag Duration of the residence permit pag Contract of stay pag Renewal of the residence permit pag Conversion of residence permits pag Refusal and revocation of a residence permit or of its renewal pag Stay Card pag Stay Of Eu Citizens pag Administrative Expulsion pag Personal Registration/Residence pag Identity Card pag Driving Licence pag 23 2 Family pag Family re-union and residence permits for family reasons pag Family re-union pag Entry of an accompanying relative pag Dispositions in favour of foreign minors pag 26 3 Work pag Employment pag Issuing of residence permits for employment to aliens living abroad pag Codice fiscale (tax identification number) pag Libretto di lavoro (employment card) - abrogation pag Registration in the unemployment lists pag 31 5

6 Index 315 Protection of maternity and paternity in the place of work pag Welfare and social security contributions in case of homecoming pag Seasonal employment pag Issuing of residence permits for seasonal employment to aliens living abroad pag Self-employment pag Conversion of a residence permit into a permit for self-employment pag Self-certification and declaration substituting the affidavit pag Self-certification pag Declaration substituting the affidavit pag 37 4 Health pag Registration in the national health service pag Compulsory registration pag Voluntary registration pag Medical care provided to aliens not registered in the national health service pag Entry into italy for health reasons pag Entry visa for receiving medical treatments pag Entry into Italy for medical treatments under humanitarian programmes pag Entry into Italy for medical treatments under regional humanitarian programmes pag Family advisory bureaus pag 43 5 Education pag Access of foreign minors to italian schools pag Admission to university pag Equivalence of certificates obtained abroad pag Equivalence of certificates which qualify as professionals pag Special dispositions for the practise of medicine pag 47 6

7 Index 6 Home pag Tenancy agreements (lease contracts) pag Registration of the contract pag Duties of the tenant pag Relationship with the landlord pag Sublease pag Renewal of the contract pag Eviction pag Public housing pag Reception centres pag 52 7 Citizenship pag Procedure for the recogition fo italian citizenship by right of birth (iure sanguinis) pag Permit for people waiting for the acquisition of italian citizenship pag Citizenship for marriage pag Citizenship for naturalization pag 57 Appendix A) Useful addresses - Reception and information pag 59 - Work pag 61 - Education and training pag 62 - Home pag 63 - Institutions pag 63 - Car and driving licence pag 64 - Health pag 64 - Informagiovani pag 65 B) Embassies and Consulates pag 65 C) Associations pag 67 D) Table of Services pag 69 7

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9 Entry and stay 1 ENTRY AND STAY The immigration laws, which are mainly contained in the Consolidating Act (Decree Law no 286 of 25 July 1998 and succeeding modifications 1 ) and in its Implementation Rules (Decree of the President of the Republic- no 394 of 31 August 1999), apply to stateless people and to the citizens of the States that don t belong to the European Union hereinafter referred to as aliens and to the citizens of the European Union Member States only if these provisions are more favourable Moreover, citizens from countries participating in the Schengen Agreement implementation are considered in the same way as EU citizens The Schengen Agreement regulates the circulation of aliens within the so-called Schengen Area, which includes all the countries which signed the relative implementation Convention 2 This agreement, executed in Italy in 1997, sets the application of a common policy by European countries with respect to asylum and immigration, control of the borders, regulation of entry visas and judicial cooperation among the police forces of the different countries as for criminal procedures and extradition Entry into Italy shall be granted to the alien coming from outside the Schengen Area only if he/she: a) presents himself/herself at an authorized border check point; b) bears a valid passport or other equivalent identity papers; c) can produce documents explaining the purpose and the conditions of his/her stay along with the availability of sufficient means of subsistence for the length of the stay and, except for permits of stay for work, also for returning to the country of origin or to a third transit country; d) bears a valid entry visa, except for extraordinary circumstances expressly regulated by law; The Immigration Consolidating Act has been recently modified by the Bossi-Fini act no 189 of 2002: the reform shall be completed only after the enactment of the relative implementation rules 2 - Belgium, Netherlands, France, Germany, Luxembourg, Italy, Spain, Portugal, Greece, Austria, Denmark, Norway, Iceland, Finland and Sweden 3 - People from the following countries are under obligation to obtain a visa: Afghanistan, Albany, Algeria, Angola, Antigua and Barbuda, Saudi Arabia, Armenia, Azerbaijan, Bahamas, Bahrein, Bangladesh, Barbados, Belize, Benin, Bhutan, Byelorussia, Burma, Bosnia and Herzegovina, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Capo Verde, Central African Republic, Ciad, China, Columbia Comoros, Congo, Congo (Democratic Republic), North Korea, Ivory Coast, Cuba, Dominica, Dominican Republic, Egypt, United Arab Emirates, Eritrea, Ethiopia, ex-yugoslavian Republic of Macedonia, Fiji, Philippines, Gabon, Gambia, Georgia, Ghana, Jamaica, Gibuti, Jordan, Grenada, Guinea, Guinea Bissau, Equatorial Guinea, Guyana, Haiti, India, Indonesia, Iran, Iraq, Kazakhstan, Kenya, Kirghizstan, Kiribati, Kuwait, Laos, Lesotho, Lebanon, Liberia, Libya, Madagascar, Malawi, Maldives, Mali, Morocco, Marshall, Mauritania, Mauritius, Micronesia, Moldova, Mongolia, Mozambique, Namibia, Nauru, Nepal, Niger, Nigeria, Oman, Pakistan, Palau, Papua-New Guinea, Peru, Qatar, Federal Republic of Yugoslavia (Serbia and Montenegro), Ruanda, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and Grenadine, Solomon, West Samoa, São Tomé e Principe, Senegal, Seychelles, Sierra Leone, Syria, Somalia, Sri Lanka, South Africa, Sudan, Surinam, Swaziland, Tagikistan, Taiwan (unofficial territorial entity), Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Ukraine, Uganda, Uzbekistan, Vanuatu, Vietnam, Yemen, Zambia, Zimbabwe 9

10 Entry and stay e) is not reported for refusal of entry or non admission; f) is not considered dangerous for law and order and security of the Italian State; g) has not been condemned for any of the crimes provided for by art 380, Subsections 1 and 2 of the Code of criminal procedure, that is for crimes related to narcotics, sexual act in public place, aiding and abetting illegal immigration to Italy and emigration from Italy to other countries, crimes aiming at recruiting people for prostitution or minors for illegal activities If the alien does not satisfy all the conditions, he/she shall be refused entry at the border, even if he/she owns a valid entry permit At the Italian border the alien goes through a customs inspection of transported goods and cash If the inspection has a positive result, the customs authorities stamp the passport specifying the place and date of the transit If the alien crosses a border on a means of transport which is not his/her property, the people responsible for that means are under obligation to check if the transported person has the required documents to entry into Italy and, in case, they must inform the border police about the presence on board of illegal aliens Any infringement of these rules shall be punished with an administrative fine from 516,46 to 2582,28 for each transported alien Aliens who have applied for asylum, who have been granted the refugee status or for whom temporary protection measures have been adopted for humanitarian grounds, cannot be repelled even if they are not in possession of the documents or the necessary requirements to entry into Italy 11 ENTRY VISA The entry visa shall be issued within 90 days as of the application, by the Italian diplomatic missions or consulates in the alien s country of origin or of permanent residence 10

11 Entry and stay In emergencies the border police may be authorized to issue: - entry visas valid for no longer than 10 days; - transit visas valid for no longer than 5 days When issuing the entry visa, the Italian diplomatic or consular authority shall, at the same time, provide the alien with a notice written in a language known to him/her, listing the rights and duties of the alien in relation to entry into Italy and stay No entry visa shall be issued to the alien who has been previously expelled from the Country - or from any country of the Schengen Area or who is deemed to represent a threat to public order and security in Italy or in other countries of the European Union, as stated by international agreements or conventions The entry visa can possibly be refused: in such cases the interested party shall be informed in Italian or in a language known to him/her, but the reasons for the refusal must be given only in some specific cases 4 If the alien presents fake or forged documentation or false declarations, he/she must assume the relative criminal liability and his/her application shall be cancelled When asking for an entry visa, it is necessary to give information about: - one s personal details and those of any accompanying family member; - the details of one s passport or equivalent document; - the place of destination; - the reasons and length of the stay The following items must be enclosed to any request for an entry visa: - the required documentation according to the kind of visa that has been asked for; Petition according to the articles 24, 26, 27, 28, 29, 36 and 39 of the Consolidating Act 5 - Kinds of visas: adoption, business, medical treatments, accompanying relatives, sport competitions, invitation, self-employment, employment, mission, religious reasons, re-entry, elective residence, family re-union, study, airport transit, transit, tourism, transport, work-holiday 11

12 Entry and stay - the passport or an equivalent document; - the documentation about the purposes of the stay; - the documentation about the means of transport that shall be used; - the documentation about the availability of means of subsistence enough for the travel, the stay and, except for permits for work reasons, for the homeward journey for the interested person and for any dependent member of the family following the applicant; - the documentation about the conditions of the journey As for visas concerning the alien s family, the alien must produce: - the documentation mentioned above; - a document certifying the family relationship, minority, inability to work or living together, issued by the authorities of the country of origin or the country where the alien has a permanent residence and translated and validated by the Italian diplomatic and consular authority; - the authorization by the Questura (top police agency at provincial level), which verifies the existence of an accommodation and of means of subsistence 12 ILLEGAL IMMIGRATION Anyone who facilitates the illegal entry of an alien into Italy, or into any country of which the person has not the citizenship or where he/she has not a permanent residence, shall be punished with up to 3 years imprisonment and a financial penalty amounting to up to for each person illegally let in The penalty shall be increased adding from 4 to 12 years imprisonment and financial penalty for each people if the fact, unless it is a more serious offence, was committed to one s own profit, even indirectly, or if it was committed in concert with two or more people or using international means of transport or forged, fake or illegally issued documents In case of living on earnings of prostitution or recruitment of minors for illegal activities, the minimum penalty is 5 years imprisonment to a maximum of 15 years and financial penalty for each person illegally let in In this cases people must be arrested in the act of committing the offence, the means of transport that has been used 12

13 Entry and stay shall be seized and the law provides for summary proceedings, unless special investigations are needed Anyone who helps illegal aliens to stay in Italy for illegal activities or in order to wrongfully benefit from such an illegal stay, shall also be punished with up to four years imprisonment and 15493,70 financial penalty 13 RESIDENCE PERMIT Once the alien has entered Italy, he/she must make an application for a residence permit to the Questura of the place in which he/she is going to reside Anyone who hires or gives accommodation or hospitality to an alien (including family and inlaws) is under obligation to give written notice of that to the police force, that is to the Questura or Comune (local authority at town level) within 48 hours Failure to give notification will result in a fine from 160 to 1100 The residence permit can be requested for the same reasons for which the entry visa was issued The interested party must show (excluding people asking for asylum and people staying for social protection or humanitarian reasons): - his/her passport or an equivalent document attesting nationality, place and date of birth, complete with entry visa; 6 - the documentation certifying that adequate means of subsistence are at the alien s disposal; - the documentation certifying the alien s residence or domicile Any foreigner who is asking for a residence permit shall be photographed and fingerprinted The applicant shall receive a receipt which is a valid temporary document and which he/she will have to show in order to collect his/her residence permit 6 - Except for citizens coming for tourism from countries for which visas are not compulsory, according to special agreements or conventions 13

14 Entry and stay The receipt comprises: - the applicant s photo; - the office s stamp by the department that received the application; - the date of submission of the application and a signature by the receiver of the application; - the estimated day when the residence permit shall be issued; - a notice warning that the residence permit can be taken out only on production of the receipt attesting the alien s registration in the National Health Service The permit shall be issued within 20 days as of the date of the application The alien must show his/her residence permit every time he/she is ordered to do so by public officials or policemen If he/she refuses to do so, he/she shall be punished with up to 6 months imprisonment and a financial penalty amounting to up to DURATION OF THE RESIDENCE PERMIT The period of validity of the residence permit is that of the entry visa, except for permits for work reasons In any case, the duration cannot exceed: - 3 months for visits, business or tourism; - 6 months, possibly renewable up to one year, for reasons of social protection; - 1 year in relation to the attendance of an educational course duly certified; the permit can however be yearly renewed in case of courses lasting more years; - from 20 days up to 9 months for seasonal employment in the sectors that require such an extension; - 2 years for family re-union; - 2 years for self-employment; - the period of validity of the contract of stay (see the following paragraph), and in any case 1 year for employment under fixedterm contracts or 2 years for employment for an indefinite period; - a period set according to substantiated requirements, as for other cases provided for by the law 14

15 Entry and stay 132 CONTRACT OF STAY (when both employment and accommodation are provided by contract) A residence permit for employment can be issued after the foreign worker and an Italian employer (or a foreign employer with a valid residence permit) have entered into a contract of stay The contract must be signed, within 8 days from the alien s entry, in the immigration office (Sportello Unico per l Immigrazione 7 ) at the Prefettura (prefectural offices) of the Province where the employer resides, where the employer s registered office is, or where the place of work is The contract of stay does not entitle to a residence permit unless it includes: - a statement made by the employer, who guarantees an accommodation in compliance with the rules of public housing; - a statement made by the employer, who guarantees the payment of travel expenses for the alien s homecoming in case he/she must be compulsorily accompanied to the border (as in the event of expulsion) 133 RENEWAL OF THE RESIDENCE PERMIT The alien shall apply for the renewal of his/her permit of stay to the Questore of the province where he/she lives, at least: - 90 days before the expiration date if it is a permit for employment under a fixed-term contract; - 60 days before the expiration date if it is a permit for employment under an open-end contract; - 30 days before the expiration date in all other cases The renewal shall be granted only if all the required conditions are satisfied It is standard practice for the Questura of Treviso or the delegated local inquiry offices to make an appointment and give a receipt with the fixed date for the application for renewal 7 - During this transient phase, before the passing of the Implementation Rules for act n189 of 2002 (Bossi-Fini), the functions that the new law assigned to the Sportello Unico shall still be performed by the Direzione Provinciale del Lavoro (employment centres at provincial level) 15

16 Entry and stay The receipt, which bears the date of the appointment, substitutes temporarily the residence permit during the period from its expiration until the day when the alien will lodge his/her request for renewal with the Questura With the receipt the alien is allowed to work, to take out or renew his/her health card and to take out his/her codice fiscale (tax identification number) 8 When asking for a renewal, it is necessary to give documentary evidence of: - the means of subsistence in relation to the reason why the residence permit should be renewed (a statement by the employer or by who supports the alien); - the residence or domicile (the residence certificate or a statement by who gives hospitality to the alien) The residence permit shall be renewed within 20 days as of the date of the application The applicant shall receive a receipt bearing a date-stamp by the Immigration Department and a signature by the receiver of the application The residence permit cannot be renewed or extended if the alien has interrupted his/her stay in Italy for a continual period of over six months or, for residence permits granted for at least two years, if the continual period exceeds half the validity period of the residence permit, with the exclusion of interruption due to military service or other serious and well grounded reasons After 60 days from the expiration of the residence permit the alien, unless he/she has already made a request for renewal, shall be expelled from the country The loss of one s job does not imply that the residence permit shall not be renewed 8 - See the Appendix, table of the functions of the local inquiry offices which are allowed to make appointments with the Immigration Department of the Questura of Treviso, divided into town districts 16

17 Entry and stay 134 CONVERSION OF RESIDENCE PERMITS The residence permit for employment allows self-employment in case the person has been given authorization or has obtained the necessary requirements defined by the law The residence permit for self-employment allows employment too The residence permit for seasonal work can be converted into a residence permit for employment, but only after the end of the second year of work, if the alien currently works as an employee and however within the fixed maximum number of granted permits The residence permit for social protection can be converted into a permit for study and for employment if the alien currently works as an employee The residence permit for family reasons allows to work and it can be converted in a permit for work reasons 135 REFUSAL AND REVOCATION OF A RESIDENCE PERMIT OR OF ITS RENEWAL When a residence permit is refused or annulled, the Questore informs the alien and invites him to present him/herself to the indicated border police, within no more than 15 working days, to leave the Italian territory If the alien fails to do so, he/she will be expelled from the country In case of refusal or revocation of a residence permit, the foreign citizen may petition the competent regional administrative tribunal (TAR), that is the administrative tribunal of the same region of the police department that refused or annulled the permit The petition must be lodged within 60 days from the date of the notice of the measure 17

18 Entry and stay 14 STAY CARD The stay card is the requirement which allows the alien to stay in Italy for an indefinite period Aliens may ask for a stay card, for themselves and their cohabiting children under 18, if they satisfy the following conditions: - they have been regularly staying in Italy for at least 6 years; - they have a residence permit for reasons which allow renewal for an indeterminate number of times, that is: for self-employment, for employment under an open-end contract, for family necessity; - their yearly income derived from a licit work is no less than the annual amount of the welfare payments for each family member; - they live in rented accommodation or own a property which is in compliance with the regional rules of public housing; - they are not prosecuted for criminal offences or convicted for particularly serious offences 9 The stay card may be also asked for by the foreign spouse, by foreign children under 18 or foreign parents who lives with an Italian citizen In these cases the interested party must satisfy the above-stated conditions with the exclusion of the first one The request must be lodged with the local police headquarters using a special application form The stay card must be stamped within 10 years from the date of its issue on the applicant s request, and it is valid as a personal identification document for 5 years from the date of its issue or renewal The holder of the stay card is allowed to: - enter and leave Italy without any visa; - carry on any legal business or do any legal work provided that it is neither expressly forbidden to aliens nor allowed only to Italian citizens 9 - those provided for by the code of criminal procedure, articles n380 burglary, extortion, receiving stolen goods, drug pushing, and 381 bodily harm, theft, mischief, 18

19 Entry and stay - avail him/herself of the services supplied by the public administration; - take a part in the local public life and be entitled to vote and stand for election when provided for by the law The stay card cannot be issued or it must be annulled if a criminal case is in progress or if a sentence, even if it is not a final judgement, was pronounced for serious offences If the stay card is annulled, the alien will be expelled In case of refusal or revocation of a stay card, the alien may petition the competent regional administrative tribunal (TAR) within 60 days 15 STAY OF EU CITIZENS According to the European Community Charter, later completed by the Amsterdam Treaty, any citizen of a member country of the European Union is a EU citizen too 10 A fundamental right of European citizens is the freedom of movement and the freedom of stay within the countries of the European Union 11 As for stays longer than 3 months in the Italian territory, EC citizens must nevertheless ask for the stay card for EU citizens The stay card shall be issued by the police headquarters, it is valid for 5 years and may be extended on simple request The application for a stay card for EU citizens must be submitted to the local Questura (police headquarters) within three months from the applicant s entry into Italy The right to stay in Italy shall also be conceded, irrespective of his/her citizenship, to the EU citizen s dependent husband or wife, children under 18, dependent relatives in ascending or descending 10 - Countries of the European Union: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, United Kingdom, Spain and Sweden 11 - The reference law on the EU citizen s legal status is the Decree of the President of the Republic (DPR) n 54 of 18 January 2002 (Consolidating act of statutory provisions and regulations about the circulation and stay of citizens of member countries of the European Union) 19

20 Entry and stay line (and his/her spouse s dependent relative) and to any other dependent or cohabiting member of his/her family in the country of origin The degree of kinship has to be attested by means of the appropriate documentation translated and validated by the Italian diplomatic mission or consulate in the EU citizen s country of origin The following people are entitled to stay in Italy without any stay card: a) employees under a fixed-term contract lasting no longer than three months The document that was used to enter the country, together with the employer s statement indicating the set period of work, are valid qualifications for the stay; b) seasonal workers who have a contract validated by the diplomatic or consular representative or by an official mission of employee recruitment in the member country Frontier workers who reside in another EU member state, to which they usually go back every day or at least once per week, shall be given a special card which is valid for 5 years and is automatically renewed EU citizens are not subject to the rules on repulsion and expulsion provided for by the Consolidating act on Immigration Denial of entry or expulsion can be ordered only for reasons of law and order or security or public health Such measures can not be issued just because of convictions for criminal offences The identity card is a valid document for emigrating, even for work reasons, to EU states and to non-eu countries that signed special international agreements The EU citizen can apply to the town council (Comune) for voter registration in the additional lists in order to vote in the local elections, and he can be voted in as town councillor (but not as mayor) 20

21 Entry and stay The alien regularly living in a member state of the European Union can freely move within the Schengen Area and stay in another EU country as a tourist for no longer than three months, but he is under obligation to inform the local police authorities of his presence, according to the procedures and the law of that nation A long-term residence permit issued by a member country of the European Union is not a sufficient condition in order to work in Italy 16 ADMINISTRATIVE EXPULSION Expulsion may be ordered by the Home Secretary (Minister of the Interior) in case of danger for law and order and security of the Italian State It is ordered by the Prefect of police in case the alien: - trespassed on the country s territory, escaping customs examinations; - remained in the Italian territory without applying for the residence permit within the fixed term (unless the delay was caused by reasons beyond his/her control), or the residence permit was suspended or annulled, or it expired more than 60 days before and he/she hasn t yet asked for its renewal; - engages in criminal activities The expulsion is always executed by the Questore and the alien is accompanied to the border, excluding the case of a residence permit expired for more than 60 days with no request for renewal, unless the Prefect of police establishes that the alien is likely dodge the measure The expulsion is ordered with a grounded ordinance that is immediately enforceable, even if it has been impugned by the alien Against this decision it is possible to petition the Tribunal relative to the authority that ordered the expulsion, within 60 days from the date of the ordinance 21