Sportello Unico per l Immigrazione di

Transcription

1 Sportello Unico per l Immigrazione di INTEGRATION AGREEMENT Between The State in the person of the Prefect of And Mr./Mrs./Miss Preamble Integration as a process aiming at promoting the living together of Italian and foreign citizens lawfully living in Italy complying with the values sanctioned by Italian Constitution, is based on the mutual commitment to participate in the economic, social and cultural life of society. In particular, foreigners integration in Italy implies their learning Italian language and their respecting, complying and promoting democratic values of freedom, equality and solidarity being at the basis of Italian Republic. These aims are pursued by integration agreement which, according to art. 4bis of the Testo Unico of provisions concerning immigration, is to be signed by foreigners while submitting their application for residence permit as necessary condition in order to obtain the same permit. That being stated, Mr Mrs, hereafter referred to as the person concerned, and the State, represented by Prefect of or his/her delegate agree and stipulate as follows. Art. 1 Foreigner s commitments The person concerned commits him(her)self to: a) Learn Italian spoken language at a level equivalent at least to A2 level of the European Framework referring to languages issued by the European Council; b) Acquire a sufficient knowledge about the fundamental principles of the Consitution of the Republic, organization and functioning of public institutions and civic life in Italy, particularly concerning health, education, social services, work and fiscal duties; c) assure to provide for minors compulsory education; d) comply with his/her tax and fiscal duties. Moreover, the person concerned declares his/her assent to the Charter of the values of citizenship and integration as in the Decree of the Minister of the Interior on 2007, April 23 rd. Art. 2 State s commitments The State: a) assures the enjoyment of fundamental rights and equal social dignity of people regardless of gender, race, language, religion, political ideas, individual and social conditions, preventing any form of racism and discrimination; furthermore, it makes easy the access to any information helping foreign citizens to understand the main contents of Italian Constitution and State s general system; b) controls, together with regional and local authorities, the fulfilment of the laws safeguarding dependent work and full access to health and compulsory education services; c) supports the process leading to the full integration of the person concerned through the adoption of any suitable initiative, together with regional and local authorities and no profit associations. In this framework, it assures to the person concerned his/her free participation to a one day civic-training-and information-on-life-in-italy session, to be hold in a month from the signing of this agreement. Art. 3 Term of Agreement

2 The agreement is lasting for two years extendable for one year more. Art. 4 The agreement is based on credits, meaning that the person concerned is entitled to the credits indicated in the Annex B of the regulations governing the integration agreement, numerically proportional to the attainment of growing levels of knowledge in Italian language, civic culture and civil life in Italy, also certified after successful participating in education, training, linguistic and social integration or after obtaining degrees or qualifications having legal value in Italy, whatever their denomination may be. At the signing of the agreement the foreigner is given 16 credits corresponding to A1 level in knowledge of the Italian spoken language and to the sufficient level of knowledge of civic culture and civil life in Italy. At the checking of the agreement, these credits are confirmed when the above mentioned qualifications of knowledge of the Italian spoken language and to the sufficient level of knowledge of civic culture and civil life in Italy are verified; otherwise, the credits arte consequently reduced. In any case, if at the checking the level of knowledge is credited as higher than the minimum requested respectively in All. B, sub 1 and 2, the granted credits are increased compared with those given at the signing according to the certified level of knowledge. The ripened credits are given the reductions showed in the annex C of the regulation governing the integration agreement, in connection with: penal sentences also without final judgement; the enforcement even if not final of personal safety measures; the infliction of definitive fines concerning serious administrative or fiscal offences. The reductions are given proportionally to the severity of the committed penal, administrative or fiscal offences and of non-fulfilment. The non attendance at the civic- training- and- information- on life- in- Italy session mentioned at art. 2 causes the reduction of 15 out of 16 credits given at the signing of the agreement Art. 5 Expiry and verification of the agreement. One month before the expiry of the two-year agreement, the general immigration office at the Prefettura-Ufficio Territoriale del Governo di, hereafter general immigration office, starts the assessment procedure through the documentations produced by the person concerned or obtained by the office. In the absence of suitable documentations, the person concerned may ask for the verification of his/her own level of knowledge in the Italian language, civic culture and civil life in Italy through ad hoc tests by the general immigration office. The verification ends granting the final credits and taking one of the following decisions: a) fulfilment of the agreement when the final credit number is as or higher than thirty and, in the meantime, the levels of knowledge in the Italian language, civic culture and civil life in Italy as at art. 1, sub a and b have been reached b) extension of the agreement for one year more under the same conditions, when the final credit number is included between one and twenty-nine or the levels of knowledge in the Italian spoken language, civic culture and civil life as sub a) have not been reached. The person concerned is informed about the extension of the agreement. c) Non-fulfilment of the agreement and consequent expulsion of the person concerned from the national territory, when the final credit number is as or lower than zero. If, under the law, the person concerned cannot be expelled, the non-fulfilment of the agreement has to be exclusively considered for future discretionary decisions on immigration. In the case of an one-year residence permit, one month before its expiring, the check of attendance at the civic- training- and- information- on life- in- Italy session mentioned at art. 2 is made and, when verified the non attendance, fifteen out of sixteen initial credits are reduced and any further determination on the outcome of the verification to be made at the end of two-year agreement is postponed. The non-fulfilment of art. 1) sub c) causes the effects above mentioned sub c). Art. 6 Register of subscribers of integration agreements. The national register of subscribers of integration agreements is set up by Department for Civil Liberties and Immigration Ministry of the Interior. This register includes with all due respect for the reserve of personal data all data relating to the signed agreement, the credits given or reduced from time to time and the events leading to modifications or to the expiring of the same agreement. The data resulting in the register are communicated to the person concerned from time to time. The person concerned has direct access to the register and so he is able to control the course of the signed agreement at any time. Art. 7 Final provisions. After the signing the agreement is managed by the general immigration office at Prefettura Ufficio territoriale del Governo di

3 Anything not specifically provided for in this agreement shall be ruled by the provisions of Presidential Decree concerning the integration agreement between foreigners and the State.

4 This immigration agreement is signed by - Mr. / Mrs. / Miss (family name) (first name), born in (city) (country) (date), holder of the passport or equivalent document number, released by (authority) (date) and, for the State, - from, as Prefect of / or delegate of the Prefect of Person signature Prefect or delegate signature Place and date ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ In case that the signatory is a minor, the agreement is signed, in their capacity as parents / exercising the parental authority, also: (1) Mr. / Mrs. / Miss (family name) (first name), born in (country) (date), holder of the passport or equivalent document number, released by (authority) (date) and (2) Mr. / Mrs. / Miss (family name) (first name), born in (country) (date), holder of the passport or equivalent document number, released by (authority) (date) Signature (1) Signature (2) Place and date

5 Table of eligible credits according to the knowledge of the Italian language, the civic culture and civil life in Italy 1. knowledge of the Italian language Eligible credits (*) (according to the Common European Framework of Reference for Languages issued by the Council of Europe) Level A1 (only spoken) 10 Level A1 14 Level A2 (only spoken) 20 Level A2 24 Level B1 (only spoken) 26 Level B1 28 Levels higher than B1 30 (*) The credits related to this item are not cumulative 2. Knowledge of the civic culture Eligible credits (*) and civil life in Italy Sufficient Level 6 Good Level 9 High Level 12 (*)The credits related to this item are not cumulative

6 3. Education for adults, secondary or Eligible credits (*)(**) high-school courses, or vocational courses (in the framework of the education and training system as per law no 53/2003) Completion of a course 4 of at least 80 hours Completion of a course 5 of at least 120 hours Completion of a course 10 of at least 250 hours Completion of a course 20 of at least 500 hours Completion of a school year 30 (*) The credits related to this item are not cumulative (**) These credits will be halved if, at the end of the training path, the foreigner is recognised the credits relating to the obtainment of a secondary education degree or a professional qualification, in compliance with subsequent item Higher technical institutes Recognizable credits (*) or higher technical education and training (in the framework of the higher technical education and training as per article 69 of law no. 144/2003) Completion of one educational semester 15 (for each semester)

7 (*)These credits will be halved if, at the end of the training path, the foreigner is recognised the credits relating to the obtainment of a secondary education degree or a professional qualification, in compliance with subsequent item University courses or Eligible credits (*) Postgraduate courses in Italy (in public or non-public universities, universities under special statutes or postgraduate institutions as per article 2 of law no 508/1999, authorized to issue qualifications legally valid in Italy) attendance of one school year 30 and passing of two exams attendance of one school year 32 and passing of three exams attendance of one school year 34 and passing of four exams attendance of one school year 36 and passing of five or more exams attendance of one PhD course 50 or equivalent course with a positive evaluation of the research activity carried out in such year of attendance (*)These credits will be halved if, at the end of the training path, the foreigner is recognised the credits relating to the obtainment of the corresponding graduation, bachelor s degree, specialisation or PhD or equivalent titles, in compliance with subsequent item 6.

8 6. Obtainment of formal qualifications Eligible credits having legal value in Italy (at the completion of the courses under items 3, 4 and 5 above) Vocational qualification 35 Secondary education degree 36 Higher education technical degree or higher technical specialisation certificate 37 Graduation or equivalent university title 46 Bachelor s degree or equivalent university title 48 Specialisation university degree or equivalent title 50 PhD or equivalent university title Teaching activities Eligible credits Obtainment of the teaching qualification in accordance with article 49 of the Presidential Decree 394/ (in the framework of the educational and training system as per Law 53/2003) Teaching activity in Universities, 54 in university institutions under special statutes or in post-graduate institutions (in public or non-public universities, universities under special statutes or postgraduate institutions as per article 2 of law no 508/1999, authorized to issue qualifications legally valid in Italy)

9 8. Language and social integration courses Eligible credits (*) (attended in one of the institutions referred to in article 12, paragraph 2) Completion of a course 4 of at least 80 hours Completion of a course 5 of at least 120 hours Completion of a course 10 of at least 250 hours or passing of the German language test under art.6 paragraph 1-bis Completion of a course 20 of at least 500 hours Completion of a course 30 of at least 800 hours (*) The credits related to this item are neither cumulative nor can they be added to the previous items 3, 4, 5, 6 and 7 9. Honours and public merits Eligible credits Conferment of honours by the Italian Republic 6 Conferment of other public merits Business activities Eligible credits Carrying out of economic and entrepreneurial activities 4

10 12. Selection of a General Practitioner Eligible credits Selection of a General Practitioner from the LHU Register Participation in social activities Eligible credits Volunteering activities within associations 4 listed in public registers or that carry out social promotion activities 14. Housing Eligible credits Signing and registration of a multi-year tenancy agreement, or purchase of a residential property or certification of the taking-out of a loan for the purchase of a real-estate for residential purposes Training courses also in the country of origin Eligible credits Participation and completion of training courses or in vocational training programmes other than those representing the grounds for the authorisation to access 2 participation in training programmes abroad as per art. 23 of the Consolidated Law 4 abroad referred in article 23 of the consolidated

11 Table of credits curtailed in in accordance with article number 4, paragraph Crimes Curtailed credits Judgement, also not final, to pay a fine 2 not less than Judgement, also not final, to imprisonment 3 not exceeding three months also joined to pay a penalty Judgement, also not final, to imprisonment 5 exceeding three months Judgement, also not final, to pay a penalty 6 not less than Judgement, also not final, to detention 8 not exceeding three months also joined to pay a penalty Judgement, also not final, to detention 10 exceeding three months Judgement, also not final, to detention 15 exceeding one year Judgement, also not final, to detention 20 exceeding two years Judgement, also not final, to detention 25 exceeding three years

12 2. Measures of personal security Curtailed credits Temporary enforcement of a personal 6 security measure in accordance with article 206 C.L. Also not final enforcement of a personal 10 security measure 3. administrative or tax unlawful behaviour Curtailed credits Imposition of a final fine 2 amounting at least Imposition of a final fine 4 amounting at least Imposition of a final fine 6 amounting at least Imposition of a final fine 8 amounting at least NOTES WARNING: The text of the notes published here have been prepared by the authority responsible for the field, in accordance with article 10, paragraph 3 of the Consolidated Act on the promulgation of laws, the emanation of the Decrees of the President of the Republic and the official publications of the Italian Republic, approved by DPR number 1092 the 28 th December 1985 with the the sole purpose of facilitating the reading of the statutory provisions to witch the crossreference is referred. Notes to the premises: - Article 87 of the Constitution gives, inter alia, the President of the Republic the power to promulgate laws and issue decrees having the force of law and regulations. - The text of art. 17, paragraph 1, of Law number 400 of 23 August 1988 (Discipline of Government activity and organization of the Presidency of the Council of Ministers), published in the Official Gazette September 12, 1988, n. 214 is quoted:

13 «Article 17 (regulations) 1. By decree of the President, after consideration by the Council of Ministers, after consultation with the Council of State to its decision within ninety days of the request, regulations to discipline following could be issued: a) enforcement of laws and decrees, and regulations of the European Community; b) implementation and integration of the laws and legislative decrees containing the provisions of principles, other than the matters reserved for regional competence; c) those matters where lacks discipline by laws or acts having the force of law, unless there are matters reserved to the laws; d) the organization and functioning of public administration according to the rules laid down by law; e)»- the text of article 4-bis of Legislative Decree 25 July 1998, n. 286 (Consolidated text of provisions governing immigration and the status of foreigners), published in the Official Gazette August 18, 1998, n. 191, introduced by art. 1, paragraph 25 of the Law of July 15, 2009, n. 94 (provisions relating to public safety), published in the Official Gazette July 24, 2009, n. 170 is quoted: «Article 4-bis (integration agreement) 1. For the purposes of this Consolidated, the integration is understood as a process designed to promote the coexistence of Italian citizens and foreigners lawfully residing in the country, respecting the values enshrined in the Italian Constitution, is based on mutual commitment to participate in the economic, social and cultural life. 2. Within one hundred eighty days from the date of entry into force of this section, a regulation adopted pursuant to Article 17, paragraph 1, of Law number 400 of 23 August 1988, on the President's Council of Ministers and Minister of the Interior, in consultation with the Minister of Education, University and Research and the Minister of Labour, Health and Social Policy, are established the criteria and how to subscribe, by the foreigner, with the submission of an application for a residence permit pursuant to art. 5, an integration agreement, based on credits, with a commitment to sign specific integration goals to be achieved during the period of validity of residence permit. The signing of the integration Agreement is a necessary condition for the granting of residence permits. The total loss of credits determines the revocation of the permit and the expulsion of foreigners from the territory of the State, executed by the commissioner of the manner in article 13, paragraph 4, except the foreign holds a residence permit for asylum, asylum application, subsidiary protection for humanitarian reasons, family reasons, a residence permit for EC longterm residents, the residence permit for foreign family member of a citizen of the European Union and residence permit to foreigner which has exercised the right to family reunification. 3. Implementation of this article will be arranged with human, financial resources and instruments available under current law, without new or increased charges for public finance.» - The decree of the President of the Republic number 394 on August 31, (Regulations for the implementation of the consolidated provisions governing immigration and the status of the foreign, in accordance with article 1, paragraph 6, of Legislative Decree 25 July 1998, number 286), is published in the Official Gazette, number 258 on November 3, Is quoted the text of article 8 of Legislative Decree number 281 on 28 August 1997 (Definition and extension of the powers of the Permanent Conference for relations between the State, regions and autonomous provinces of Trento and Bolzano and unification, matters and tasks