sans-papiers > practical instructions

The Stay Permit for Employed Workers

23 February 2009

The release of the stay permit for working people involves the possession of an entry visa for work subsequent to the permission (nulla osta) of hiring or developing working activity.
After the entry on the national territory, the stay permit has to be requested within 8 days to the Sportello Unico of the district where the employee lives or works.

NB: once the Sportello Unico having local jurisdiction releases the authorization (nulla osta), the stay permit for working people is also granted by conversion from study to work, from underage to work, or training.

The stay permit for working people is closely related to the possession of an employment officially recognized and the residence contract.
The stay permit has a duration of:
- 2 years for a permanent working contract;
- 1 year for a fixed-term working contract.

Standing to the Immigration Law (Testo Unico sull’Immigrazione) article 5, paragraph 9, “the stay permit is released, renewed or converted within 20 days from the moment the application is forwarded”.
Actually the waiting time for the consignment of the permit go beyond 12 months and more. For these reasons is useful to be aware of the validity of the receipt released when the application for the release or the renew of the stay permit is forwarded.

The first release
The Sportello Unico with local jurisdiction checks the legitimacy of the visa, the employment relationship and the accommodation suitable for the worker. After these verifications the foreigner can sign the residence contract.
See also:
- Practical instructions – After the entry with a working visa

Afterwards the foreigner is being consigned an application form for the stay permit with a proper envelope which is going to be delivered by means of the post offices certified by the Centro Servizi Amministrativi di Roma (Administrative Services Office in Rome), standing to the protocol between the Italian Post and the Ministry of the Interior into force from the 11th of December 2006.
The receipt stating the request of the stay permit enables the worker to benefit from the rights arising from the stay.

Renewal
The one holding a stay permit has to forward the application for the renewal:

- 3 months before the expiry for a permanent working contract;
- 2 months before the expiry for a fixed-term working contract;
- 1 month before the expiry in all the other cases.
NB: if the application for the renewal of the stay permit is not forwarded within 60 days from the expiration date, the owner could run into expulsion measures. This happens just in case the delay wasn’t determined by circumstances beyond one’s control.

How and where to forward the application for the renewal:

- Consult the practical instruction Rinnovo pds – Ecco cosa fare e dove andare per procedura postale

Application documents for the renewal
In the envelope ELI 2 you should put:
- Form 1 and 2 of the Modello 209;
- Copy of all passport pages (the empty ones included);
- Copy of the expiring stay permit;
- Copy of the hospitality statement or the lease;
- Copy of the residence contract stipulate between the employer and the foreign worker with the receipt which certifies the forwarding to the Sportello Unico;
- Copy of the documents which attest the incomes resulting from work or other legal sources, sufficient to one’s own maintenance and the one of the dependant relatives*: the last income tax statement or the pay bills concerning the hiring period;
- For domestic work, apart from the above documentation: copy of the payment of the pension contribution (INPS) for the last 12 months.

*NB: the owner of the stay permit has to prove a sufficient income also for the maintenance of the dependant relatives.

Income parameters into force from the 5th November 2008:
1 relative - 613,575 € monthly – 7.976,475 € annual
2 relatives – 818,1 € monthly – 10.635,30 € annual
3 relatives – 1.022,625 € monthly – 13.294,125 € annual
4 relatives – 1.227,15 € monthly – 15.952,95 € annual
5 relatives – 1384,56 monthly - 17999,31 annual
2 or more children under 14 years old – 818,1 € monthly – 10.635,30 € annual
2 or more children under 14 years old and spouse – 1.022,625 € monthly – 13.294,125 € annual
2 or more refugee relatives or owners of subsidiary protection – 10.635,30 € annual - 818,1 € monthly

Introduction of children under 14 years old
Children under 14 can also be inserted in the stay permit for work, in this case the following documents are needed:
- Copy of all the passport pages of the minor (if he/she owns one);
- If the minor isn’t already inserted in the stay permit of his/her parent: motherhood/fatherhood certificate translated and legalized (or with apostilla), if the minor is coming from another State.
- School attendance certificate if the minor has the age to attend school.

See also:
- Practical instructions – After the entry with a working visa
- Flow Decree – What happens when the employer cannot hire anymore

Translated by Oprea Mihaela