Question - Good evening, I am writing because a relative of mine sent a flows decree application form in order to employ a non-EU citizen and have this person come to Italy from abroad. Past Monday we were invited to the extraction of numbers. The extraction had the aim of assigning last quotas available (how can it be that local labour department immediately finished the 150 quotas when our application was sent at 8.31 in the morning?). During the extraction (one employer, one number), which saw tickets drawn from a bag, one number matched with an employer that sent two application forms: this means one number but two quotas!
Is this acceptable? Shouldn’t it be that in case one employer sent more forms he/she is allowed to one quota in case of extraction?
My relative’s number of course was not drawn, though he was the first to be drawn for the list of reserve.
The department’s personnel underlined that since forms have not been evaluated yet (in two months they could only form a list on basis of expeditions’ times) it is most probable that some forms will not pass the evaluation and therefore there are good chances of having authorisation to labour and entry issued. What do you think about this situation?
What can we do against this immigration law, which does not respect migrants’ rights and which goes against the country’s economical interests?
Some general considerations
This question makes the situation very clear: the lack of precise instruction from Ministry of Labour produced, and keeps producing, a lot of problems.
A Ministry of Labour memorandum established that in case of application forms that were sent exactly at the same time, extraction could be drawn as an extreme solution.
The extraction this person was called to had the aim of choosing how to assign the few quotas that were still available. The question asks whether one number can have more than one quota or not.
Answer - We think that this citizen is right. Flows decree application forms were all sent at the same time (many application forms were sent by labour consultancy agencies that sent many forms all together at the same time). Since they were all sent at the same time it doesn’t really matter whether they were all sent by the same employer or by many, what counts is that each application form should have been drawn by extraction and only the most fortunate should have had authorisation to labour recognised.
The question also says: “ My relative’s number of course was not drawn, though he was the first to be drawn for the list of reserve.”
This is actually possible because it often happens that some application forms are not complete or unacceptable because they lack in requisites and they are therefore cancelled from the temporary list. This fact makes some quotas available.
We cannot say more. The examples we published show how last flows decree has so far been uncertain and difficult to all the applicants.
