We thought of putting together some important points on the government's measure to regularize foreign citizens without documents in Italy.
This article, as well as the law, is continuously updated, so send us any questions or concerns, and we will try to answer them.
On the evening of May 14, the Conte bis government published the so-called Relaunch Decree. These are a series of measures closely related to the Covid19 emergency. And one of the most suffering sectors is agriculture, given that the emergency has effectively precluded the arrival of the so-called "seasonal workers" (foreigners who work in Italy for a few months, mainly in agriculture and tourism).
To replace this workforce, the government has decided to create a mechanism (somewhat complex, actually) that allows those who are already in Italy and are working illegally to obtain a residence permit.
What kind of work are we talking about?
This new law applies only to those who work in one of these sectors:
- agriculture, livestock and animal husbandry, fishing and aquaculture and related activities;
- assistance to the person for themselves or for members of their family, even if they are not living together, suffering from pathologies or handicaps that limit their self-sufficiency;
- housework to support family needs.
How does it work?
There are two types of procedures.
The first it's about someone who has a job but never had the papers. In this case, it is the employer who takes action to sign a regular contract.
Therefore: a new subordinate employment contract is concluded with foreign citizens present on the national territory, or the existence of an irregular employment relationship, which is still ongoing, is declared. Clearly, this work must be in the fields provided for by the decree, explained above and which, simplifying, are: agriculture, domestic workers and carers.
It is essential, however, to be able to prove that you are in Italy before March 8th. It can be done in two ways:
- via photo report made before 8 March 2020;
- through the declaration of presence.
but probably other ways, still to be defined, will be possible.
The second procedure it concerns foreign citizens who previously had a residence and work permit in the three sectors above (agriculture maid and caregivers) which expired on 31 October 2019 and which, for some reason, has not been renewed. They can apply for a six-month residence permit. If they find another job within these six months, they can convert this residence permit into a work permit.
Even if there are still many aspects to be clarified, it seems that, subject to an employment contract, it is possible to submit the possible application for conversion of the temporary residence permit into a residence permit for work reasons.
For the first case there is a contribution of 400 euros for each worker, for the second case a contribution of 160 euros.
But that's not all: the payment of a lump sum contribution will also be decided for the sums due by the employer. To date, this figure is not known and will have to be decided by the end of this month.
Now what happens?
You can apply from 1 June to 15 July 2020 at the Single Immigration Desk or at the Police Headquarters, but it is not yet clear how. Within 10 days (i.e., by 23 May), some ministries concerned must establish the methods by which to apply.
It is clear at this point that this is not an amnesty. It is, rather, a kind of "emergency flows decree" with precise rules and above all, with many aspects still to be clarified.
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