Question – Dearest editorial staff, I am writing because I have a question that concerns flows decree. Required documents imply that a copy of the employee’s passport is given in. What is it to happen if passport proves that a person has recently entered Italy?
Thanks a lot.
Answer – A photocopy of passport must be enclosed to the application to flows decree. Passport means to identify appliers. Some offices – thanks to ministry of Labour whose instructions are not precise – established that passports’ front page is enough, the one that shows the citizen’s picture, particulars and passport’s number; some others Local Labour Departments established that the whole passport must be photocopied, also blank pages. This to control eventual visas, entry/exit stamps.
Many questions ask us what’s to happen or what could happen if on the interested citizen’s passort an entry stamp is printed but not exit stamp can be found.
This problem regards many foreigners, escpecially the ones that come form countries that other rather close to Italy. Law provides for that police print a stamp when people enter Italy and when they leave Italy. We well knoe that this does not always happen, reasons are many (huge arrivals are borders, for instance). On the other hand people that cross “land” borders pass through different countries’ police controls and it may not always be Italian police that checks documents. And it is impossible to control all Schengen borders, such as German or Austrian.
Anyway the fact that passports do not have the exit stamp does not prove anything: it only means at the moment of departure (when it happened) officers did not print the stamp. This fact should not create problems to flows decree appliers.
Application to flows decree implies that foreign workers are abroad, exit visas, printed on the passport after having applied to flows decree, would lead to the annulment of authorisation to work in Italy. In fact this would prove that foreigners were in Italy when application was sent to labour departments interested people were in Italy.
In this case the regular stay in Italian should not become ostative to the authorisation to be employed from abroad, of coarse if no instructions are provided for by law. We strongly suggest employers to specify, when they fill application forms in, if the employee is regularly staying in Italy at the moment.
In this case employers should erase on official forms the phrase that declares that the worker is not in Italy and write a very brief declaration, in fact detached papers could lead to misanderstandings. Anyhow after having erased the phrase employers should say that workers are in Italy on basis of tourism, religious, health matters, etc. This is the only protection that needs to adopt, also to avoid false declarations in public administration’s documents.