Italian Immigration: Important Updates

Oct 08, 2024

Italian Immigration: Important Updates. On October 2nd, 2024, the Italian government approved a law decree named Urgent provisions on the entry of foreign workers into Italy, the protection and assistance of victims of illegal labor recruitment (caporalato), the management of migration flows, and international protection, as well as the related judicial proceedings.

In the first part, this provision updates the rules for allowing foreign workers to enter Italy, as outlined in the Decree of September 27, 2023, which set the quota system for 2023-2025. A review by the government and relevant ministries found problems in how the entry processes were applied, both recently and in the past. To address these issues, urgent action was taken to simplify and speed up the procedures while also making them more secure.

 As of now, it is not clear if some of the provisions will have an impact also on the work permit applications outside the quota system (Blue card, intra company work permit applications, service agreement work permit applications etc.)

Key changes include:

  • Pre-filled work permit applications:

Before the “click day” (the day when applications for foreign worker entry can be submitted under the quota system), work permit applications will be pre-filled. This will allow more time for checks, helping authorities identify irregular or ineligible applications earlier.

  • Interoperability of IT systems:

The IT systems of the Ministries of Interior and Labor, INPS (National Social Security Institute), Chambers of Commerce, Revenue Agency, and AgID (Agency for Digital Italy) will be integrated. This will enable automatic verification of the data in work permit applications, improving the transparency and efficiency of the procedures.

  • Additional “click days”:

Although the quotas for foreign workers’ entry will remain unchanged, there will be the possibility to organize additional click days throughout the year for specific economic sectors, based on labor demand.

  • Mandatory employer confirmation:

Before issuing an entry visa to the foreign worker, the employer will be required to formally confirm their intention to hire the worker, ensuring that the worker will indeed be employed.

  • Digitalization of the procedure:

The entire process will be digitized, including signing and sending the contract of stay (contratto di soggiorno). This will eliminate the need for the employer and worker to physically visit the immigration office, but will require the employer to affix a qualified digital signature

  • Penalties for non-compliant employers:

Employers who, due to their own fault, do not sign the contract of stay within 8 days of the foreign worker’s entry or employ workers without a contract will be banned from the system for the next three years.

  • Limit on the number of applications:

The number of work permit applications an employer can submit will be limited and proportionate to the company’s revenue, number of employees, and sector. This will help prevent system abuse.

  • Seasonal workers:

Seasonal workers will be able to sign a new work contract within 60 days of the previous one expiring, either with the same employer or a different one. Additionally, they will be able to convert their seasonal work permit into a temporary or permanent work permit without being restricted by entry quotas.

  • Special entry channels:

Special entry channels for refugees and stateless persons will be maintained.

  • Experimental entry for care work:

In 2025, an experimental entry channel will be opened for 10,000 workers to assist the elderly and disabled. Entry will be managed through employment agencies and employers’ organizations for work permit applications.

  • Strengthening ministerial staff:

More human resources will be dedicated to handling work-entry procedures at the Ministries of Interior and Foreign Affairs, speeding up response times and improving overall management of migration flows.

Section II of the decree provides special residence permits for victims of illegal labour exploitation and trafficking, allowing them access to assistance and social integration programs. These permits can be converted into work or study permits upon expiration.

Section III of the Decree-Law covers asylum seekers applications while section IV outlines procedural provisions

The decree-law comes into effect immediately upon publication in the Official Gazette of the Italian Republic (or the following day). However, it must be presented to the Parliament for conversion into law and it may lose it effectiveness if Parliament does not convert it into law within 60 days of publication.

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