Points for permit to stay – Remark on Lega Nord’s proposal
by Marco Paggi, lawyer
The proposal advanced by Lega Nord concerning the introduction of a new regulation for the permesso di soggiorno (permit to stay) based on a points system should be an even more rewarding method, and demoting towards certain behaviours too, as someone thinks.
The first opinions on this topic, as also reported by Italian newspapers, and as often happens in the Italian political environment, have been a leap into the unknown, namely without being aware of what the points system is exactly (...)
[ 7 November 2008 ] |
PDS renewals: 65% of all applications submitted through the Post Office system is incorrect or incomplete
To that, waiting times for the electronic PDS and for the appointments at the “Questura” need to be added
In the past few days, there has been a meeting for all officers (patronati, associations, communes questura) at the Padua Prefettura, in order to update them about the situation of the PDS processing.
It is fair to say that most officers are not satisfied with the service that Poste Italiane is providing the customers and the Questuras as well.
The most discouraging fact is that 65% of all applications submitted so far through the postal system is incomplete or incorrect. Maybe because (...)
[ 7 February 2007 ] |
Cassation - Neither arrest nor expulsion for the immigrants without a renewed residence permit
The Court of Cassation (sentence 31426) has established that the immigrants, who don’t obtain the renewal of their residence permit, after having asked for it, cannot be punished by arrest or by expulsion.
The Supreme Court has so rejected the appeal of the Palermo Public Prosecutor’s Office.
The Supreme Court has so rejected the appeal of the Palermo Public Prosecutor’s Office against the order of the monocratic court, who denied the validation of the arrest against Rachid Z. – a (...)
[ 12 October 2006 ] |
Social security - Benefits guaranteed only to those holding an indefinite permit to stay
Awaiting the decision of the Courts regarding this discriminatory law
Numerous are the email inquiries that we receive regarding social security benefits. On this subject, we draw attention to the communication issued recently by the National Social Security Institute (INPS), which reconfirms that disability allowance, like other social security payments, is only payable to those who have an indefinite permit to stay.
This is an issue that we have dealt with many times in the past, especially regarding finance law no. 388 published on 23rd December 2000, (...)
[ 9 June 2006 ] |
Bonus bebè (newborns’ benefits – A government’s mistake at migrants’ expenses
There’s been great fuss about the so-called bonus bebè, which is being granted to all Italian citizens. Unfortunately the government made a mistake and it sent letters to migrant citizens as well. Letters were sent to all citizens that have recently had a baby and they communicated parents that they were to be issued a 1,000 € benefit. This communication reached Italian, EU and non-EU citizens: but benefits are reserved only to Italians!
With the letter in their hands many went to post (...)
[ 9 March 2006 ] |
Flows decree 2006 - You can give forms in from Tuesday, March 14th from 2.30 p.m.
Flows decree 2006 - You can give forms in from Tuesday, March 14th from 2.30 p.m. as published on Official Gazette, issue 55 – March, 7th 2006
Flows decree 2006 was published on the Official Gazette past March 7th 2006. It will allow foreign workers to regularly come and work in Italy. Official Gazette, issue 55 – March 7th 2006 – explains that application forms can be given in only from next week: Tuesday, March 14th 2006. Post offices will start accepting the so-called kits from 2.30 (...)
[ 9 March 2006 ] |
A comment upon note 2768/2.2 issued by Home Office – Oct.25th
Residence contracts and housing suitability
The note offers some specifications, these are both useful and disputable. The specifications come from the department that takes care of civil liberties and immigration within Home Office. The note tries to clarify some of the issues of the day.
Residence contracts
This is a form that needs to be stipulated by employers and employees. The form is to be stipulated each time migrant workers renew their permits, each time migrant workers change employment and when they come from abroad.
This (...)
[ 12 January 2006 ] |
Employment lists – Registration date is not respect. Is work permit revoked?
We shall today talk about foreign citizens that hold work permits but they find themselves without job. The reasons of unemployment can be different (dismissal, invalidity, etc.). Unemployed workers must register themselves as unemployed.
Italian and European workers are not sanctioned if they do not register whereas non-EU worker risk to be quite seriously sanctioned if they do not. This has been introduced by the new rules for the enforcement of Bossi-Fini law.
A note issued by police (...)
[ 12 January 2006 ] |
Residence papers renewal – Is coming into pacts with court always an obstacle to living in Italy?
We have already said that Immigration consolidated act provides for that entering and living in Italy is forbidden to citizens that we condemned of certain crimes, which were increased by the new law. Today even very little crimes lead to this situation. Even in case of citizens that came into pacts with court residence in Italy is denied.
Lawyers do often come into pacts when facing the risk of a more serious sentence. In case of foreigners coming into pacts leads to the fact that (...)
[ 12 January 2006 ] |
A comment upon Home Office’s memorandum issued March 4th 2005
The rules for the enforcement of Bossi-Fini law – interpretation and explanation
The memorandum was issued by Public security general director and it comments upon the rules for the enforcement of Bossi-Fini law (DPR 334 - October 18th 2004). It gives some instructions and some changes are introduced to the system we have so far met. Charges also regard Sportello U.T.G per l’immigrazione (Prefecture’s immigration front office), which should take care of some proceedings – should of course.
Are interpreters really available?
The memorandum also comments upon art. 3 of (...)
[ 12 January 2006 ] |
Naturalising Italian through marriage - After two years, naturalisation comes automatically
We shall analyse the situation of non-EU citizens married to Italian citizens. Law 91/1992 art. 9 they can apply to naturalisation after six months of marriage or after three years of marriage if they live abroad.
The cases that we study through out the e-mails we often receive most of all talk about foreigners that got married with Italian citizens and that live in Italy. According to ministerial instructions naturalisation should take the most 730 days.
This is to say that naturalisation (...)
[ 24 November 2005 ] |
Housing suitability – The problem of newborn children
We shall today deepen one of the many negative consequences of the rules for the enforcement of Bossi-Fini law. We shall talk about the need of proving that houses, flats, apartments are suitable to law. Suitability depends on the number of people that housing can accomodate and this depends on the parameters provided for by regional laws. These conditions must be respected to have permits issued and renewed. Some police headquarters also believe that housing must be suitable also to renew (...)
[ 8 November 2005 ] |
Lodgings’ suitability – An unlawful rule. Building a campaign to have it revoked
We have many times discussed this matter and I am afraid we shall need to keep talking about this. The rules for the enforcement of the law pretend that migrant workers must have a nice house to regularly work here. Workers must give in a certificate that proves the suitability of lodgings, the certificate needs to tell how many people live in the house and that regional parameters are respected. This is fundamental to have residence contract issued. What’s really bad is that employers need (...)
[ 26 October 2005 ] |
Minors granted custody of – What happens when they turn 18?
A comment upon a Council of State sentence issued April 12th 2005
The sentence takes into consideration the interpretation of Immigration consolidated act’s laws and rules that regard minors granted custody of up they turn eighteen. This interpretation is the one adopted by Home Secretary and it is applied by Police headquarters, court disputes the legitimacy of the interpretation and imposes changes to police.
What happens when these citizens turn eighteen?
The answer to this question is established by art. 32 paragraph 1:
“When minors, who were granted (...)
[ 26 October 2005 ] |
Migrant citizen without residence papers declares to be homosexual: he won’t be expelled
We are referring of a decision made by Justice of Peace in Aosta past October 3rd. Justice of Peace annulled expulsion against a Moroccan citizen that irregularly lives in Italy. Immigration consolidated act art. 19 in fact provides for that expulsion orders or repatriation are prohibited. Art. 19 paragraph 1 states that “expulsions/repatriations cannot occur in case foreigners will risk persecution in the country they are to go back to. Persecution may occur because of racial, sexual, (...)
[ 26 October 2005 ] |
