Per la libertà di movimento, per i diritti di cittadinanza

Practical instructions – “Out of quota” entrance: show business workers

The entrance to Italy for practical nurses isn’t managed on the sphere of annual amount but among the entrances called “out of quota” and so there are no numerical limits and one doesn’t need to wait the publication of concerning decrees to present the hiring authorization request.

We are talking of lyric, theater, concert or ballet artistic and tecnical staff, dancers, artists and musicians that may be employed at entertainment clubs , theater or film companies, radio or tv firms or for cultural and folklore shows.

Procedure:
the work authorization must be requested by the employer to Department of Works and Public Welfare and not at Sportello Unico, using the apposite forms predisposed by the Office for show business workers national employment – Directorate-general of labor market – Division II, enclosing the documentation listed on the forms and a foreigner worker professional certification, translated and validated.
Modello A – request for work authorization

In case of extension request from the employer for the continuation of the same job must be transmitted a request within 5 days from the working relationship expiry.
Modello B – extension request

The work authorization is allowed for a beginning period no longer than 12 months (except for extension, and in constancy of working relationship).

After the issuing of work authorization one might go at diplomatic-consular embassy for the authorization pick-up.

For artists employed at night clubs or circus and traveling shows, the entrance authorization issuing is subordinate to sanitary certification, issued by local public sanitary institutions, certifying the lack of infectious and contagious deseases, prior public security authorities temporary authorization.

The workers authorized to perform subordinate works on the show business sector cannot change activity sector nor employment qualification.

For further informations about entrance procedures go to Department of Works circular # 34 of 13 december 2006.

Useful advices: extension in case of employer change (edited by lawyer Paggi)
The disposition that previews as a requirement for extension the presence of the same employer seems very questionable because it is true that the impossibility to extend the residence permit for show business work with a different employer may be infered from the implementation rule referred, but it’s also true that the law was considered illegitimate and so un-applied by a Court because implementation rule hasn’t the faculty to create new rules – namely new limits, new rights, new prohibitions and new duties – but can only implement with practical dispositions what has already been established by law.
The government that adopted in due course the implementation rule did it in accordance with a legislative proxy which requested to the implementation rule the job of emanating executive norms at Immigration Law and not new laws and new limits not directly obtained from original laws.
In other words, the government cannot make the laws and has to respect them. For this reason, the Court already un-applied the law and considered illegitimate the prohibition, or better the refuse, for renewing the visa with a new job contract always on the show business sector, but with a different employer.
From the practical point of view, if these people have a new job contract with a different employer, the attempt that they may do will be to formally forward – and take care that this can be well-documented – a new request and, so, an extension instance for the visa in development of issuing for show business work, documenting the availability of a regular show business job contract, with a different employer.
Almost certainly, Questura will refuse the issuing of the visa and the person concerned will have to submit to Trentino TAR the question about refuse legitimacy and the compatibility of this law with the implementation rule.

Can one convert the typology of visa?
It’s not possible for these people to convert the first visa in a normal visa for subordinate work with the consequence of the impossibility of taking into consideration job offers of sectors different from show business one.

Translated by Alessia Bertin