The procedure for regulating certain categories of irregular foreigners is regulated in the relaunch decree and the interministerial decree of 29 May. To whom it applies. Under what conditions. How the procedure works and how much it costs.
From 1st June to 15th July it will be possible to submit an amnesty application for some categories of irregular foreigners present in our territory (art. 103 paragraph 1 D.L. Bid).
There amnesty was commissioned by the Italian government as a measure to combat undeclared work and the phenomenon of caporalato. Not only foreign citizens, but also Italians who live in a condition of labor exploitation, can ask the employer to stipulate a real employment contract. In fact, the law provides that no penalties or administrative sanctions should be prosecuted against those employers who have employed workers “illegally” or who have labor illegally present in Italy. Except for those employers who have committed “hired man” or exploitation of illegal immigration.
In the phenomenon of undeclared work, the vast majority of the staff employed are workers migrants often totally without a residence permit, or in possession of a expired residence permit. These people, even if they wanted to, could never get out of work because the lack of a regular permit makes it impossible to enter into an employment contract.
Two types of regularization
THEThe relaunch decree provides two possibilities to help two categories of foreign workers: “Illegal immigrants”, totally without a residence permit and those who have an expired and not renewed permit.
1. Those who are totally without a residence permit (illegal), but already have a job or someone who is willing to hire them, they may ask that the employer declare the existence of the current employment contract, or that he conclude a new employment contract.
There condition however, it is crucial that the irregular foreigner proves that he arrived in Italy before March 8, 2020, when theCovid emergency, and not to have moved away from Italy for this whole period. The foreigner will have to prove his presence in Italy before March 8, with documentation from public bodies, such as the Municipality, the Prefecture, the Police Headquarters or through the certificate of presence on Italian territory.
Foreigners who work in the sectors of Italy will be able to regularize their presence in Italyagriculture (but also fishing breeding and related activities) as well as domestic workers such as domestic workers, caregivers or people assistants with handicaps even if they do not coexist with the employer.
2. The second category of foreigners for whom regularization is foreseen is that of those who are in Italy with a permit expired on 31 October 2019 and not renewed or converted into another permit. For them there is the possibility to apply for temporary work permit for six months, and if in this period of time they find a stable job, they will be able convert the temporary permit in a permit for subordinate work (art. 103 paragraph 2 D.l Relaunch).
The inter-ministerial decree of 29 May 2020 established the methods for submitting the application, distinguishing two procedures:
1. The employer’s application for the conclusion of the new contract or for the emergence of the irregular contract with the foreigner, must be submitted to the Unique Immigration Desk, with telematic procedure on the site https://nullaostalavoro.dlci.interno.it/ by digital authentication with SPID, according to the instructions contained on the site.
The receipt of the payment of the contribution of Euro 500.00 must be attached to the application, uploading it on the model, to be paid via the f24 form in the bank, at the post office or via the website of the revenue agency.
There are established income requirements that the employer must possess in order to proceed with the regularization of the employment contract:
- for the regularization of employment in agriculture, livestock and animal husbandry, fishing and aquaculture and related activities, the employer is expected to have a minimum taxable income of not less than 30,000 euros.
- for the regularization of domestic work and personal assistance relationships, the income must not be less than 20 thousand euros for the single-person household, while it must not be less than 27 thousand euros for the household consisting of several cohabiting subjects. An exception to the request for a minimum income limit is the non self-sufficient employer who submits the application for the regularization of the person in charge of his care.
After assessing the absence of reasons that prevent the acceptance of the application, and after verifying with the Labor Inspectorate that the employer has the income conditions to pay the hired worker, the Immigration One Stop Shop calls the employer and the foreigner for the conclusion of the contract and for the request for a residence permit (art. 103 paragraph 15 of Legislative Decree Bid).
2. Application for temporary work permit (art. 103 paragraph 5 D.L. Bid)will be presented in Police Headquarters by the foreigner himself, by filling in the application form at the authorized post office. The receipt of payment F24 of Euro 130.00 must be attached to the form
Further documents to be attached to the application are: the passport or identity certificate issued by the consular representation of your country of origin; documentation proving the presence in Italy from 8 March 2020; documentation attesting to having worked in one of the sectors identified in the annex to the decree (Annex 1 to the interministerial decree).
The foreigner will then be summoned to the police headquarters to examine the request and issue the residence permit.
The costs of the procedure
The payment of a contribution when submitting the application. For the first procedure of emergence of irregular work, the payment of the sum of Euro 500.00 is established. Instead, for the submission of the application for a temporary six-month permit, the contribution of Euro 130.00 is expected. Payment must be made through form F24, at the credit institution, the post office, or directly through the Revenue Agency website.
Exclusions (art. 103 paragraphs 8 and 10 of the Dl. Bid)
Employers who have been cannot apply convicted in the last five years, even if only having negotiated the penalty, for the crime of favorchin (art. 103 paragraph 9 lett. a, b, c, d.) of illegal immigration, recruitment and exploitation of prostitution.
Instead, foreigners are already excluded expelled from Italy, or reported also in another European country, or even those who have already reported a conviction for serious crimes or who are considered dangerous.
|Read more about Coronavirus on Quotidianogiuridico.it:|
- International contract management, Balestra Lawyer – COVID-19 coronavirus and emergency decisions from health authorities in various countries, including China and Italy, are affecting companies’ ability to fulfill contracts regularly.
- Smart working, Avv. Bossotto (Allen & Overy law firm) – Over the past few days, the evolution of the COVID-19 epidemic (commonly known as “Coronavirus”) has required various emergency interventions – including in the field of labor law – in order to combat its spread or in any case to regulate its consequences under different aspects.
- Coronavirus emergency: criminal consequences in case of violation of the rules dictated by the Government, Cons. Scarcella – The health emergency that our country is experiencing these days, in addition to the essential preventive activities by the governmental authority, also entails the need for more information on the legal level.
- Compliance ex 231/2001: operational indications for the employer after the Coronavirus provisions, Avv. Sbisà e Manati, member of the Corporate Compliance Focus Team at the BonelliErede law firm – The emergency linked to the spread of Coronavirus inevitably impacts the lives of people and businesses.