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The National Social Security Institute (INPS) has made, with a circular letter dated 28/09/2012 n. 118, a radical change to the regularization procedure that must be followed by the employers of foreign nationals who are illegally working in Italy. Employers are now requested to prove to be compliant and to have duly paid the social security contributions relative to the individuals for whom the regularization is applied for. Originally, the employers were required to prove compliancy with social security contributions for all other workers employed.
The Immigration Police in Milan have issued a permit of stay for a same sex Serbian spouse of an Italian national. The couple was married in Canada. This follows a decision of the Reggio Emilia's Court which, last February, allowed the issuance of the Permit of Stay to a same sex partner who had previously married an Italian national in Spain. The Court stated that the issuance of the permit was to be done in accordance to the EU Charter of the Fundamental Rights. This does not constitute a binding precedent for other offices but it shows that also in Italy there seems to be a more flexible approach to the recognition of some rights to same sex couples.
Some Immigration Offices (i.e. Milan, Rome etc.) now require Non EU signatories of the Italian company to be legally resident in Italy and hold a permit of stay, while EU signatories must be resident in Italy and registered with the local Town Hall.
The Blue Card Directive has been fully implemented in Italy with the Decree n. 108 of 2012 which entered into force on August 8, 2012. The EU Blue Card is a new scheme that facilitates the immigration process for highly-skilled non-EU foreign workers seeking employment in the EU. With the Blue Card, individuals who meet the requirements can apply for a work permit outside of the Italian quota system, and they do not have to spend a minimum amount of time working for a foreign affiliate of the Italian company before they can apply. Further details of the Blue Card program will be published on the website in the upcoming days.
The Legislative Decree introducing the EU Blue Card in Italy has been published in the Official Gazette July 24, 2012 and will enter into force on 8th August 2012.
On July 6, the Government approved a Decree for the implementation of Directive 2009/52, providing for minimum standards on sanctions and measures against employers of third-country nationals who are illegally working in Italy. In addition to stiff fines and penalties, employers will lose the ability to apply for work permits within the quota system. Furthermore, the Decree provides an opportunity for employers that hire workers lacking a permit of stay to come forward and work to legalize the status of their employees. As long as they do so within a set period of time, their fines and penalties will be less than if had they continued to employ illegal workers.
People who have recently lost their job, whether they resigned or were terminated, may be placed on a list of job-seekers and thereafter obtain a permit of stay while they await re-employment. The length of validity for this permit may be from six to twelve months. After the expiration, the foreigner is entitled to remain in Italy if he can prove that he has sufficient financial resources for himself and for his family members.
The Italian Government approved on June 7 a decree for the implementation of the Blue card directive. The Directive will enter into force as soon as it is published in the Official Gazette. The new decree shall facilitate the entry of highly skilled workers holding a Blue Card issued by another EU country and shall regulate the issuance of Blue Card for workers already living in Italy.
Non-EU students living abroad who want to attend a university, a conservatory, or an academy in Italy must file no later than Friday, June 29 a pre-enrollment request for the 2012-2013 academic year. Each university has a quota for enrollments from abroad, so students should search the internet to find the locations and courses that give them more possibilities, prior to submitting an application. In early August, the Italian Consulates will release information regarding entrance exams, including the Italian language exam, that will take place on September 3. Students will receive entry visas for Italy before August 24. Only those who pass the exams may enroll and stay in Italy with a residence permit for study purposes.
The Ministry of Interior, Annamaria Cancellieri, announced yesterday that no new quotas shall most likely be issued in 2012 due to the current economic situation. According to the Ministry there is a very low demand for new quotas and only quotas for seasonal workers shall be issued.
The Court of Reggio Emilia has recognized for the first time in Italy the right for a non EU same sex partner married in Spain to an Italian citizen, to be granted the Police permit of stay. The couple had initially been refused the permit by the Police. They appealed against the denial and the Court recognized their rights in compliance with the EU rules which regulate the freedom of movement. The Court recognized the rights of the applicants as per Decree30/2007, which implemented Directive 2004/38/CE, on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. In their motion, the applicants asked the application of the sentence of Court of Cassation n. 1328/2011 which affirmed: a) under art. 2 of Decree 30/2007, the notion of spouse must be determined in accordance to the laws of the State where the marriage was celebrated, and b) the foreigner who married in Spain with an EU citizen of the same sex must be considered a dependent for the purpose of the right of stay in Italy.
On 16th March 2012 the Italian government has drafted a decree regulating the EU Blue Card which transposes the provisions of the EU Blue Card Directive adopted on 25th May 2009. The contents of the decree have not been published yet. Before the new Decree enters into force, it will have to be approved by the Chamber of Deputies and Senate.
Seasonal Workers
The Italian Government has announced the availability of 35,000 entry quotas for seasonal workers needed for the agriculture and tourism industries. The quotas are reserved to foreign nationals of the following countries: Albania, Algeria, Bangladesh, Bosnia Herzegovina, Croatia, Egypt, Philippines, Gambia, Ghana, India, Kosovo, Macedonia, Morocco, Moldavia, Montenegro, Niger, Nigeria, Pakistan, Senegal, Serbia, Sri Lanka, Ucraina, Tunisia.
In addition, those who have worked in Italy as seasonal workers in the past 2 years will be entitled to a fast track procedure for those quotas.
Subordinate Workers
Other 4,000 work quotas will be granted to foreigners who have completed an educational/training program in their home country through courses organized in accordance with bilateral agreements in force between Italy and the foreign countries (article 23 of Legislative Decree n.286, July 25th 1998).
Starting March 10th 2012, all foreigners over 16 years of age who enter Italy for the first time and apply for a residence permit with a validity of at least 1 year will be required to sign a so-called 'Integration Agreement' (Accordo di Integrazione) at the Immigrations Office (Sportello unico per l'immigrazione) or at the Police Headquarters (Questura). [read more]
As a consequence of the 2011 Italian Census which is currently taking place, some Municipalities started to enforce more strictly Law n.223/1989 (Vital statistic law and rules). In particular, according to art. 7/3, within 60 days from the permit of stay renewal, non U.E. citizens registered with the town hall (residents) must appear in person to the relevant offices and confirm their residential address with the registry office after obtaining the extension of the Police permit of stay. Failing to do so may result in the cancellation from the town hall registry after 1 year from the permit of stay expiration date.
The Italian Government has lifted the working and hiring restrictions applied to Romanian and Bulgarian nationals. Starting from January 1st , they can be hired by Italian employers without having to obtain a Work Permit (Nulla Osta) from the relevant Immigration Office. They will no longer be to contractual limitations and are now entitled to carry out any type of working activities.
From 30 Jan 2012 the cost of residence permits "permesso di soggiorno" will be increased. For both first time permits and renewals, additional costs will be added based on the duration of the permit as follows: 3 months to 1 Year = 80 Euro, More than 1 year to 2 years = 100€, Long-term permits = 200€. The new fees will be applied to the existing costs for issuance of electronic permits and postal service fees.
All individuals who do not have a valid permit of stay or visa, but postal receipts only, must avoid layovers in any other Schengen countries while travelling foe Christmas holidays, as postal receipts are not recognized outside Italy. Travels are allowed, under certain conditions, taking flights with direct destinations outside Schengen countries and the postal receipts must be shown and stamped by the Border Police.
* Upon signing of the Contract of Stay, foreigners will be assigned with 16 credits corresponding to level A1 of Italian language and sufficient level of culture and life in Italy. They should attend a free mini course that lasts between five and ten hours. * Integration is measured with credits that refer to linguistic knowledge, courses attended, each foreigners level of education and certain actions taken. The credits will be lost for any criminal charges, personal security measures and illegal administration or taxes. * Within two years of the signing of the Contract of Stay, the prefecture will review the documentation and can request to undertake an exam if necessary. 30 points must be achieved within this period of time if not the following will apply: - Credits 1 – 29 the foreigner will be asked to re-sit exams or courses and must obtain 30 credits within the following year. - Credits of 0 the residence permit will be revoked and measures of expulsion will be implemented. *We are currently awaiting further information from the Ministry of Internal Affairs with regards to this process. Further details will be provided once all the relevant information has been received.
The Italian Consulates in Algeria, Egypt, Libya, Mauritania, Morocco and Tunisia, starting from October 11, request that fingerprints must be carried for any individuals applying for a Short Term Schengen Visa (max 90 days for Business and Tourism). This will allow the improvement of border controls and will expedite the issuance of future visas for the people already registered with the Schengen Visa Database (VIS). It is expected to have this requirement enforced in other Consulates in the Schengen Area within the next 2 years.

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