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Regularisation of migrants

A practical sheet explaining the procedure. The applications can be presented from the 1st of June to the 15th of August *

The Interministerial Decree was published in the Official Gazette (general series no. 137 of 29.05.2020) with the procedures for the submission of applications for the regularization of employment relationships of non-EU, Italian and EU citizens, and for applications for temporary residence permits.

The measure was adopted to implement Article 103 of Decree Law no. 34 of 19 May 2020, which provided for the possibility:

1) for employer either Italian or foreign (holder of a long-term EU residence permit) to sign a new employment contract or to declare one irregularly established with Italian or foreign citizens present on the national territory before 8 March 2020;

2) for foreigners with a residence permit expired after 31 October 2019 to apply for a six-month residence permit.

Depending on the interested subjects, two different procedures regulate the submission of applications to the offices of the Ministry of the Interior.

There is no click day: applications can be submitted from 1 June to 15 August.
It will not be necessary to concentrate the submission of applications at the initial stage of the procedure, as no maximum admission quotas have been set.

THE SECTORS CONCERNED

a) agriculture, animal husbandry and breeding, fishery and aquaculture and related activities;
b) assistance to the person for themselves or for members of their family, whether or not living together, suffering from diseases or handicaps that limit their self-sufficiency;
c) domestic work to support family needs.
[ See full list of activities ]

THE PROCEDURES

 Possibility n.1

At the Sportello Unico Immigrazione established in the Prefectures: this concerns employers working in the mentioned sectors who apply in favour of non-EU citizens.
Employers must be Italian citizens, citizens of a Member State of the EU or foreigners holding a long-term EU residence permit.

Employers’ income

 For the productive sectors agriculture, animal husbandry and breeding, fishery and aquaculture and related activities, the taxable income must be no less than € 30.000.

 For the domestic work or personal assistance sectors:
i) in the case of a household composed of a single income recipient, the taxable income must be not less than 20.000 €;
ii) in the case of a household composed of more than one person living together, the taxable income must be not less than € 27.000.
N.B. The verification of taxable income requirements does not apply to employers suffering from pathologies or disabilities that limit their self-sufficiency, who submit a request for a foreign worker to assist them.

 N.B.: Read the examples provided by the INPS circular of 4 June

Foreign citizens must have been identified/photo-fingerprinted before 8 March 2020 or must have been resident in Italy before that date. The Decree considers as relevant evidences: the declaration of presence or any documentation of a certain date from public or private bodies that, institutionally or by delegation, perform a public function or attribution or a public service. The circular of 30 May mentions as examples: medical certification from a public body, certificate of school enrolment of children, public transport cards, certificates from the police force, ownership of telephone cards or contracts with Italian operators, documentation from reception centres and / or hospitalization centers authorized also religious, certificates issued by diplomatic or consular representations in Italy.

 N.B. The possibility of regularization (from irregular work or in the event of a new employment relationship) also includes: 1) applicants for international protection (regardless of when they applied), 2) people at the appeal stage, 3) irregulars, 4) holders of a valid residence permit, 5) foreigners subject to expulsion order for violation of the rules on entry and residence, 6) holders of a residence permit that cannot be converted into a work permit (for example and non-exhaustive: study, tourism, medical treatment, religious reasons, special protection ....). (FAQ of the Ministry of the Interior 13.06.2020).

Type and working hours of the employment contract

The declaration of intent to conclude an employment contract as well as the declaration of the existence of an irregular employment relationship in progress can be submitted exclusively for a fixed-term or permanent employment relationship, with full-time or part-time working hours (see circular of 5 June 2020). Part-time working hours are also allowed for the domestic work sector to support family needs, on condition that (1) it is guaranteed the remuneration established by the CCNL and (2) in any case the remuneration is not lower than the minimum amount provided for the social allowance (monthly amount of € 498.14) [ see circular of 30 May ].

Where to submit applications?

Applications are submitted exclusively by computer/online from 1 June to 15 August 2020 from 7:00 a.m. to 10:00 p.m. on the application accessible at https://nullaostalavoro.dlci.interno.it/ using the SPID digital identification system. The website itself provides a user manual with instructions to follow available from 7 a.m. on 1 June.
It is also available a video tutorial that guides users through the compilation of the application.

A receipt certifying that the application has been submitted will be generated on the dedicated portal (personal area) after the application has been sent. A copy of the receipt must be given to the worker.

Before submitting the application, the employer must pay the flat-rate contribution, equal to € 500.00 for each worker, using the F24 form (REDT 2020) available at bank counters, post offices or to be downloaded from the Revenue Agency website. [1];

NB: Only in the case of a declaration of the existence of an employment relationship there is also the payment of a flat-rate contribution for the amounts owed by the employer for salary, contributions and tax, which will be determined by a new interministerial decree (not yet issued).

After having verified the requests and obtained the favourable opinions of the Questura and the Territorial Ispettorato del Lavoro, the Sportello Unico Immigrazione will convene the parties. The convocation aims at the presentation of the documentation necessary for the regularization and at the stipulation of the residence contract. At the same time, the Sportello will send the obligatory notice of employment and deliver to the worker the form for the application for a residence permit for subordinate work. The form must then be sent to the police headquarters via the competent post offices.

For compilation and forwarding of applications, employers can avail themselves of the services of trade associations, trade unions and patronage organisations that wish to provide assistance, free of charge, on the basis of the memoranda of understanding already signed.
In order to provide clarifications on the procedures and in response to the most recurrent questions, frequency ask questions (FAQ, will be active from Monday to Friday, from 8.00 a.m. to 8.00 p.m. and on Saturdays from 8.00 a.m. to 2.00 p.m..
For information on the procedure, the following dedicated e-mail address is available: infoemersione2020@interno.it.

The convocation to the Prefecture

After obtaining/receiving the favourable opinions and the eventual additional documentation, the Sportello Unico Immigrazione shall convene the parties to verify the correspondence of the declarations made on the telematic application with the documents that must be shown as indicated below:

1) valid identity document or equivalent of the employer and the worker;
with reference to the employee’s identity document, if an expired document has been indicated in the application or if the document indicated has expired pending the definition of the procedure, a copy of the same must in any case be presented;
in the absence of a document, equivalent documents may be produced, such as, for example:
 EU laissez-passer
 border laissez-passer
 document of travel for foreigners (titolo di viaggio)
 document of travel stateless persons
 document of travel political refugees
 certificate of identity issued by the Diplomatic Representation in Italy of the country of origin;
N.B.: Exceptionally, the expired residence permit may also be indicated, on the understanding that when convened at the Sportello Unico Immigrazione the foreigner must hold a valid identity document.

2) receipt of payment of the F24 form relating to the payment of the flat-rate contribution of EUR 500;

3) receipt for payment of the flat-rate contribution for remuneration, contributions and tax, if due;

4) evidence of the presence in Italy of the foreigner documented by a certificate dated before 8 March 2020, issued by public bodies intended as public, private or municipal entities that, institutionally or by delegation, perform a public function or attribution or a public service. By way of example only: medical certification from a public structure, certificate of school enrolment of the children, name cards for public transport, certifications from the police authorities, ownership of telephone cards or contracts with Italian operators, documentation from centres of reception and / or hospitalization authorized also religious, certificates issued by diplomatic or consular representations in Italy;

5) certification of the public health facility or of the SSN medical doctor, issued prior to the submission of the application, certifying the limitation of self-sufficiency (if the declaration concerns the activity of personal assistance);

6) a declaration concerning the possession of the income requirements;

7) tax stamp (marca da bollo) whose identification code has been provided in the application;

8) any other documentation that the Sportello Unico Immigrazione deems necessary to acquire.

In case of non-submission of documentation or insufficient documentation, the Sportello Unico will request an integration and will fix a date for the new appointment. If the documentation is not integrated as requested, the application will be rejected.

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 Possibility n.2:

At Questura: undocumented foreigners with a residence permit expired on 31 October 2019, not renewed or converted into another residence permit, and who, before that date, have worked in the areas indicated (a,b,c [ See full list of activities ]), may apply for a temporary residence permit. The temporary residence permit will be valid only in the national territory and will last six months from the date of submission of the application.

Where to submit applications??

Foreigners can apply for a residence permit at the 5,700 dedicated post offices (Sportello Amico), by submitting the application form filled in and signed by the person concerned. The service charge is set at 30€.

Before submitting the application, the applicant must pay the flat-rate contribution of € 130.00 to cover the costs of the procedure, using the F24 (RECT 2020) form available at bank counters, post offices or to be downloaded from the Revenue Agency’s website [2].

It is necessary:

 to be in possession of a passport or other equivalent document or a certificate of identity issued by the Diplomatic Representation of the country of origin;
 to be present on the national territory on 8 March 2020;
 to prove that you have carried out work in the sectors indicated (a,b,c [See full list of activities ]) with documentation to be presented when submitting the application.

After submitting the application form for the residence permit at the Post Office, the foreigner will receive a receipt containing security specifications that will allow him/her to stay on the national territory and to work in the aforementioned sectors of activities.

Contextually the foreigner will be convened at the Questura for the examination of his/her application and the release of the temporary residence permit. The residence permit may be converted into a work permit if the foreigner, within six months, has obtained a contract of employment in the productive sectors mentioned above.

Source: Ministry of the Interior.

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[ 16 June 2020 ]