Italy Instruction Booklet Multi-lingual Guide to rights and services i
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. 40131 Bologna tel. e fax 051-6350774 e-mail: info@xeniabo.org www.xeniabo.org
Index Residing legally in Italy............................... pag 4 Entry into Italy................................ 4 The permesso di soggiorno or stay permit............. 4 The different types of documents and how to obtain them.. 6 Reuniting family and the permit for family reasons....... 11 Rights and responsibilities of foreign citizens........... 13 Foreign minors................................ 14 Deportation and the exceptions to deportation.......... 15 EU citizens.................................. 15 Citizenship.................................. 16 Work............................................ 19 Work contracts and worker s rights.................. 19 Work and stay permit documents................... 21 The work market: rules and opportunities.............. 22 Housing.......................................... 25 The different types of contracts and rental fees.......... 25 Low income housing (Public housing)................ 26 Social funds for rent............................ 28 Buying a house in Italy........................... 28 Health........................................... 29 The National Sanitary Service (SSN).................. 29 The STP card for foreigners without a stay permit......... 30 Ensuring maternity leave rights..................... 31 Prevention and specialized cures.................... 32 Vaccinations................................. 33 The emergency room and hospital.................. 33
ENTRY INTO ITALY residing leagally in italy Foreign non-eu citizens that want to enter into Italy or into another Schengen country must request a visa at the Italian Embassy present in their country of origin. The visa must be requested by all non EU citizens, stateless persons or persons without a country of origin. EU citizens and citizens of certain countries, with which Italy has signed particular agreements, do not need to request a visa. There are two types of visas: short term visas (up to 90 days) and long term visas (more than 90 days). The most common types of short term visas: business, diplomatic, sports competition, invitation, mission work, transit, tourism. The most common types of long term visas: work (subordinate, freelance, seasonal), family reunion, accompanying family member, study, religious activity, residency, medical treatments. Information Minister of Foreign Affairs Piazzale della Farnesina, 1 00100 Rome Tel. 06 3691-8899 from Monday to Friday hours: 9.00am 4 pm. Fax 06 3236210. > www.esteri.it/visti/ < Entrance into Italy by a foreign citizen or a citizen of another European country is governed by national laws and laws established by the European Union. Among the Italian laws, the most noteworthy are the following: il Testo Unico (T.U.) sull Immigrazione in Italia: the law Turco-Napolitano (D. Lgs. 25 July 1998 n. 286), modified from the law Bossi-Fini (L. n. 189/2002) and the Pacchetto Sicurezza (L. n.94/2009). This is the most important law in which the rights and obligations of the foreign citizen legally residing in Italy are described; il Regolamento di attuazione del Testo Unico: D.P.R. 31 August 1999, n. 394, modified and integrated from D.PR. 18 October 2004, n. 334. The Regolamento defines in more detail all that is established in the Testo Unico. For example, in the Regolamento there is a list of which documents are required to renew a stay permit. Among the European laws, we note: The Direttiva 2004/38/CE of the European Parliament and of the Council, regarding the rights of European Union citizens and their family members (EU or non-eu) to move about and stay freely in the territory of the member States. the stay permit What is it? It is a document that permits a foreign citizen to legally stay in the Italian territory. The duration of the permit varies based on the reason for staying. 4
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
After sending the kit, the foreign citizen will be summoned to the Immigration Office of the Police Station (Ufficio immigrazione della Questura), by way of a certified letter and a text message, in order to be fingerprinted and to pick up the stay permit. There are some stay permits which can be directly requested at the Questura, in the Foreigners Office (Ufficio Stranieri). Here is a brief list of permits which must be requested at the Sportello Unico per l Immigrazione and those at the Questura: Requests to be sent via mail to the Sportello Unico per l Immigrazione: First request for a subordinate or freelance work permit, or for studying; Request to convert a permit for studying into a work permit; Request and renewal of a permit for family reasons. Requests to be presented at the Questura: Medical treatments; Sports competition; Humanitarian reasons; International protection; Subsidiary protection; asylum (only the first request); minors; judicial reasons; stateless status (first request); integration of minors. In order to carry out a renewal, it is necessary to maintain the prerequisites that allowed for the first stay permit to be issued. For all of the procedures relating to the issuing or renewal of the stay permit, one must pay a monetary contribution of at least 80 euros for a single person, and up to 200 euros, in regards to a family. The expiration of the stay permit varies based on the reason indicated on the entry visa: Up to nine months for seasonal work; Up to one year, for subordinate work with a contract for a determinate time, for the attendance of a study course or professional training course; Up to two years for subordinate work for an indeterminate time, for freelance work, or for family reasons. When must the renewal request be presented? At least 60 days before the expiration of the stay permit or within 60 days after the expiration. The different types of documents and how to obtain them Stay permit for tourism reasons Documents required for the request of a tourist visa: Valid passport; Proof of economic means of support by way of bank statements, a bank guarantee on the part of one s host in Italy, or a guarantee policy; 6
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
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 8.000 ). 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
Rights connected to the permit for subordinate and independent work Those with stay permits for subordinate and autonomous work have equal rights regarding: Health care (enrollment in the National Sanitary Service); Access to low income housing: one can request public housing; Social assistance; Enrollment in schools, universities, and professional training courses; Family reunion; Possibility to carry out an autonomous and subordinate activity, by requesting the conversion of the stay permit. Stay permits for particular cases This regards particular work categories that, given the particularity of the profession, can enter into Italy outside the quotas established annually by the Decreto Flussi. Included in these categories are: company managers, highly specialized personnel, university professors, translators and interpreters, domestic workers of diplomats, persons authorized to stay for a period of professional training, maritime workers, employees of a company with a branch in various countries, artistic personnel, professional sports players, researchers, and professional nurses hired by public and private entities. The procedure for obtaining a nulla osta at the time of entry of these workers requires that the request be sent by the employer via the electronic service of the Minister of the Interior. Once the request has been registered, the employer will be summoned by the Sportello Unico per l Immigrazione for the issuing of the necessary documents for each category. For more information: www.interno.it Stay permits for study reasons Entry is allowed for foreign citizens who want to attend scholastic, university, or professional training courses in Italy. Every year the law establishes a maximum number of foreign students who can enter Italy. Entry visa request At the local Italian Embassy or Consulate, it is necessary to present the following documents: request of pre-enrollment in a determined scholastic, university, or professional training course; valid degree necessary for attending the university or higher education, legalized and translated; proof of economic means; medical coverage (insurance policy); proof of available lodging; other documents issued by the University (scholarships, loans, etc.). The issuing of the stay permit for study reasons Within 8 work days after entry into Italy, the citizen must pick up the postal kit, fill out the forms, and send the following documents: photocopy of every page of the passport; photocopy of the certificate of enrollment in the university course or professional course to be followed; photocopy of insurance policy. Documents for renewal are: photocopy of the documentation that shows the availability of adequate economic resources; photocopy of insurance policy; 9
photocopy of the certificate that shows that at least one exam was passed the first year, and at least 2 exams every year after that. The permit cannot be renewed for more than 3 years beyond the normal length of study time. Rights connected to the permit for study reasons The permit for study reasons allows one to: Partake in a subordinate work activity for a maximum of 1040 hours per year; Carry out family reunion procedures for relatives, if in possession of the required income and housing, if the permit is valid for more than one year; Carry out the conversion to a work permit, with the presence of a work contract. Since August 2009, foreign citizens that have obtained a second level masters degree or a PhD in Italy, when their permit expires they can request a waiting for work permit (looking for a job) valid for a maximum of 12 months, if they are registered on the employment lists of the Centro per l Impiego (Work Center). CE permit for those staying for long periods (ex carta di soggiorno ) The CE stay permit (ex carta di soggiorno) is the document that authorizes a stay in Italy for an indeterminate amount of time. It is given to foreign citizens who have been in possession of a stay permit for at least 5 years. It can be requested for oneself and for family members, respecting the same income and housing requirements set out for the permit for family reasons. It cannot be requested if, despite having a permit for 5 years, the foreign citizen has had a permit for studying, professional training, humanitarian, temporary protection or asylum reasons. Rights connected to the ce permit for long stays This stay permit can be obtained in every member State of the European Union (EU) and is valid in all the member states. In every EU member state, one can: work; enroll in study or professional training courses; move to and live in another EU country by showing proof of adequate economic means. Documents for the issuing of the permit The foreign citizen must send the postal kit with the following documents: forms 1 and 2 filled out; proof of minimum income for him/her and his/her family members (rules for reunion will be applied); photocopy of stay permit; photocopy of passport; certification of court records and pending charges; documentation proving work activity; copy of the last tax declaration or of the CUD form; certificate or self-certification of family status; 1 official stamp for 14.62. The Pacchetto Sicurezza (L. n.94/2009) established that beginning in August 2009, in order to obtain the CE permit for those staying for a long period it will be necessary to pass an Italian Language exam. 10
family reunion and stay permit for family reasons Family reunion (Il ricongiungimento familiare) is the authorization (nulla osta from the Sportello Unico per l immigrazione and visa from the Italian Embassy abroad) to enter Italy for family members of foreign citizens legally residing in Italy. Which stay permits allow for the reunion of families? Stay permit for subordinate work or for autonomous work, valid for at least one year; Permit for political asylum; Permit for subsidiary protection; Permit for study reasons or religious activities; Permit for family reasons; CE stay permit for long term residents. The foreign citizen who has a stay permit which is being renewed can request the nulla osta for reuniting his/her family. With which family member is it possible to be reunited? Spouses not legally separated and of more than eighteen years of age; Children who are minors, both of marriage or out of wedlock, not married, under the condition that the other parent, if in existence, has given his/her consent. Adopted, foster, or legal guardian minors are considered the same as biological children; Disabled adult children 100% dependent; Parents who must be cared for, if they do not have other children in their country of origin, or; Parents over the age of 65, if other children are not able to support them, due to serious health problems; The entry of a biological parent is allowed for reuniting with a minor child if that child is legally residing in Italy, and who shows, within one year of entry into Italy, to have the necessary housing and income requisites set out in the reunion procedure. Procedure for reuniting families The issuing of the nulla osta for reuniting families is done at the Sportello Unico per l Immigrazione at the local Prefecture. The procedure is divided into two phases: 1. sending via computer of the request on the website of the Minister of the Interior - nullaostalavoro.interno.it; 2. summoning to the Sportello Unico per l Immigrazione and the issuing of the documents that prove that the prerequisites for reuniting families have been met. The Sportello Unico must issue the nulla osta within 180 days of the request. If this does not happen, one must repeat the procedure. Necessary prerequisites: availability of an adequate income; proof of availability of housing which can host the applicant and his/her family members. 11
How is income calculated? To be able to establish the minimum income needed based on the number of family members with whom one must reunite, begin with the value of the social allowance (in 2009 5,317.65 annual). For every family member, half the value of the social allowance must be added ( 2.658,825). Calculation Table: 1 family member: 5.317,65 + 2.658,825 = 7.976,50 ; 2 family members (spouse + 1 child under 18): 5.317,65 + 2.658,825 + 2.658,825 = 10.635,53 ; 3 family members = 13.295. If there are two children under age 14, the income must be equal to double the social allowance: 10.635,53 To show the availability of the income, one must count, not only the income of the applicant, but also that of family members who live together (documented). And suitable housing? It is necessary to prove the availability of suitable housing, according to the parameters set out by each Municipal for the assignment of public housing. According to law L. n. 94/2009 (cd. Pacchetto sicurezza), suitability can be shown by presenting: Certification of the suitability of housing issued by the technical office of the Municipality; Hygienic-sanitary certification of the Local Sanitary Agency (ASL). Minimum parameters for housing suitability for the Municipality of Bologna: 1 person at least 28 sq.m 2 people at least 38 sq.m 3 people at least 49 sq.m 4 people at least 55 sq.m 5 people at least 67 sq.m Foreign citizens in possession of a permit for political refuge or asylum have the right to reunite their family without demonstrating the required income and housing suitability. Foreign citizens in possession of a permit for subsidiary protection or humanitarian reasons instead must demonstrate to have met all the prerequisites required by the law. Requesting the visa for reuniting families The foreign family member must go to the Italian Embassy or Consulate and request the visa presenting the following documents: nulla osta for family reunion (valid 6 months); registry documents that show the relationship of the applicant to the family member in Italy; travel document (ticket). Entry into Italy of family members Within 48 hours of the entry into Italy of the family member, the applicant must present the declaration of Cessione di fabbricato (hospitality) to the competent office at the Questura and must keep one copy. The Cessione di fabbricato is an obligatory communication to be done when a house or part of a house is occupied by a foreign citizen in the case of hosting, rent, free use (entrusted, loaned) or sale. Requesting the first stay permit for family reasons Within 8 days of entry, the applicant must communicate to the Sportello Unico per l immigrazione, at the local Prefecture, the arrival of the family member and must wait for the summons to pick up the necessary documentation for the request of the stay permit for family reasons, to be sent by postal kit. 12
Duration: it is the same as that of the family member who requested the family reunion. Renewal: it must be done together with the renewal of the stay permit of the applicant. It is necessary to have maintained the same income and suitable housing requirements. Rights connected to the permit for family reasons The permit for family reasons allows: Access to health care; The enrollment in study courses or professional training; The enrollment in agencies of public work (Job center, CIP) and private; To carry out immediately any work (subordinate or autonomous). Furthermore, it is not necessary, from when the stay permit for family reasons is valid, to go to the Questura to convert to the permit for family reasons to one for work. Minors and the permit for family reasons Children under the age of 14 are enrolled on the stay permit of their parents; Children aged 14 to 18 receive a stay permit for family reasons. When they turn 18, if the children are enrolled in a scholastic or university course, they can obtain a permit for study reasons, if they have a job, a work permit. Family cohesion Family cohesion is the process of reuniting families when the family members are already present in Italy. The requirements for cohesion are the same se those set out for family reunion (relationship, income and suitable housing). To carry out the cohesion, it is necessary that the family member be present in Italy and in possession of a valid, or expired less than a year ago, stay permit. The cohesion converts the stay permit held by the family member into a stay permit for family reasons. The foreign family member in possession of a permit for tourist reasons can carry out the cohesion and convert his/her stay permit. rights and obligations of foreign citizens Foreign citizens in possession of the receipt of renewal and the original permit maintain all the rights connected with legal residency, which will cease only in the case of no renewal, revocation or annulment of the permit. Rights with renewal: It is possible to continue to work or to be hired by a new employer; The contribution to INPS is not lost for pension and economic rights in case of unemployment are maintained; It is possible to present the request for reuniting families; It is possible to take driving exams and to get a license; It is possible to request or maintain the registry enrollment, as well as obtain the issuing or renewal of the Identity Card. 13
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
deportation and cases of non-deportable citizens Foreigners who do not have a legal entry visa or stay permit will be deported or accompanied to the border: Foreigners who enter Italy without an entry visa are considered illegal; Foreigners who have lost the necessary requirements to renew a stay permit or who have sent in the request after the expiration of the permit are considered illegal. Foreign citizens can also be deported for reasons regarding public order or National security or following the conviction for a crime committed in Italy. Foreign citizens cannot be deported in the following cases: If they could be persecuted for their race, gender, language, citizenship, religion, political opinions; Social or personal reasons; Minor under age 18; A pregnant woman or a woman who gave birth less than 6 months ago; Foreign spouse of an Italian citizen with whom he/she lives; Family members within two degrees of separation (parents, children and siblings) of an Italian citizen with whom they live; Foreign citizens in possession of a CE stay permit for long term residents. EUROPEAN UNION CITIZENS EU citizens are citizens that belong to the member states of the European Union. The arrangements regarding EU citizens are also applied to citizens from Norway, Iceland and Liechtenstein, Switzerland and the Republic of San Marino. Right to enter into Italian territory: the EU citizen can enter into Italy with a valid identity document for the expatriate (identity card or passport). Stays lasting less than 3 months Right to stay for the EU citizen and his/her family members up to 3 months. Foreign non-eu relatives have the right to stay if they are in possession of a valid passport; Right to carry out every activity as long as it is not reserved for Italian citizens only, performing the duties set out by law. Stays lasting more than 3 months one can stay for more than three months for work, study, or family reasons. Retired EU citizens can move to and live in another EU country, choosing the new country as their residence.. The obligations of the EU citizen 1. Obligation to enroll in the registry at the Municipal and to request a stay certificate. One must demonstrate that he/she has suitable housing and a minimum income sufficient to meet the annual social allowance (for 2009, the amount was 5,317.65) for him/her and his/her family, according to the rules for family reunion. In the case of work reasons, one must show that he/she is 15
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
Certificate of family status; Historic residency certificate; Court records certificate and pending charges; Receipt for the payment of the 200.00 fee. Granting for residency One can send in the request in the following cases: Foreign citizens: after 10 years of legal residency; EU citizens: after 4 years of legal residency; Asylum or refugee: after at least 5 years of residency; foreigners (also born in Italy), descendents of Italian citizens within 2 degrees of separation (children or grandchildren): after at least 3 years of residency; foreign adults, adopted by Italian citizens: after at least 5 years of residency; military service, also abroad, employed at least 5 years by the Italian State. Documentation to attach to the request: Birth certificate. If born abroad, it must be legalized and translated by the Italian consulate authority in the country of origin; Police records from the country or origin, translated and legalized; Historic residency certificate; Stay document; Certificate of family status; Income tax declaration of the last 3 years; Receipt for the payment of the 200.00 fee; Further documentation in the case of Italian descendents, adoption, or military service. Note: since the passing of the Pacchetto Sicurezza (L. n. 94/2009), to carry out the request for citizenship, it is necessary to pay a fee of 200.00. Where to present the request: the request and the attached documentation should be presented at the Prefecture of the Municipality of residence, filling out the necessary form, to which an official stamp of 14.62 must be attached. If one is a resident abroad, the request can be made at the local Italian consulate or embassy. Duration of the procedure for granting citizenship 1. 730 days for the acceptance of the request and verification of the documents; 2. acquiring of the approval by the local Prefecture; 3. verification that reasons regarding the national security of the Italian State ( ostativi ) that would impede the issuing of citizenship do not exist; 4. preparation of the conferring of the Italian citizenship and signing of the decree granting citizenship by the Minister of the Interior. In the case of request for citizenship by way of residency, the decree is signed by the President of the Republic; 5. communication of the measures to the foreign citizen by the local Prefecture in the place of residency; 6. swearing in, within 6 months of the communication in the Municipality of residency. Citizenship is acquired the day after the swearing in. Note: also in the case of acquisition of Italian citizenship, one does not lose one s original citizenship. 17
For information on the status of the request: tel. 06-48042101/102/103/104 In your Municipality, you must go to the Ufficio Cittadinanze (Citizenship Office) of the local Prefecture. Information and usefull Numbers Ministero dell Interno (Minister of the Interior) Contact Center 800.309.309 For general information on stay permits Contact Center 848.855.888 For information on issuing and renewal of stay permits > www.interno.it < Portale immigrazione Service offered in collaboration with the Italian Postal Service and the National Association of Italian Municipals (ANCI) Contact center 803.160 For information on in which post offices it is possible to find a kit for the stay permit > www.portaleimmigrazione.it < Sportello Unico per l Immigrazione Prefettura Ufficio Territoriale del Governo (UTG) (Prefecture) > www.prefettura.it < Questura di polizia Ufficio Stranieri (Foreigners Office) > http://questura.poliziedistato.it < > http://www.poliziadistato.it/articolo/1076-stranieri < 18
WORK WORK CONTRACTS AND WORKER S RIGHTS In Italy work is divided into two categories: lavoro subordinato a tempo indeterminato (subordinate work without an expiration date), determinato (with an expiration date) or seasonal; lavoro autonomo (freelance). Subordinate Work - what to know It is a type of work regulated by a contract, in which the worker makes his work activity available and the employer must pay the worker for this activity. Subordinato means that the worker must respect the directives set out by the employer, which establish the way in which the work must be carried out. Work hours: maximum 40 hours a week, with eventual overtime, the number of which must be low. The worker must have 11 hours of rest every 24 hours, and 24 consecutive hours of rest every 7 work days, usually coinciding with Sunday. Vacation: every worker must have at least 4 weeks of mandatory vacation and they will be paid. Work contract a tempo indeterminato : it does not have an expiration date. It can be interrupted if the worker resigns, or with an agreement made by both parties, or if the worker is fired or dies. Work contract a tempo determinato : this is a type of contract in which there is a specific date for when the relationship will end. After the first expiration of the contract, it can be renewed or prolonged. The renewal can occur after a short period of interruption (10 or 20 days). The extension, or better, the continuation of the contract, can be done only one time, maintaining the same contractual conditions. Autonomus work - what to know It is a work activity carried out with an amount due for completing a work or a service. The activity is carried out in complete autonomy, without the binding conditions of subordination. The worker has an ample choice regarding time dedicated to the activity, the place of work, and how to organize it. The only obligation is the final result: the completion of the work or of the service. The partita IVA or business tax ID number: in most cases, the way in which the worker pays taxes on the services provided, is by paying IVA (added value tax or VAT). To do this, one must open a partita IVA or business tax ID number. It is an 11 number code that identifies the autonomous worker and his/her activity. There are some work activities that have both autonomous and subordinate characteristics. These are the so-called para-subordinate works, in which the contracts such as the contratto di lavoro a progetto (co.co.pro.) are widely used. 19
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, 5,317.65 for the new year about 445.00 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
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
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; availability of housing (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 the 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 availability of suitable lodging; possession of an annual income above the minimum level established by the law for the exemption from health costs (about 8.000 ). 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. Rights connected to the permit for subordinate and autonomous work The holders of stay permits for subordinate and autonomous work have equal rights regarding: Health care (enrollment in the National Sanitary Service); Access to low income housing: one can request public housing; Social assistance; Enrollment in schools, universities, and professional training courses; Family reunion; Possibility to carry out an autonomous and subordinate activity, by requesting the conversion of the stay permit. 22