Italian Immigration Law

An overview and tips for non-EU citizens in Italy

SPEECH BY Avv. Alessandra Palladini

Introduction

• “I have filled in all my papers, I got my visa, I have a work

permit. And now, what can I do or cannot do?”

• “How can my wife join me in Italy?”

• “And what if I wish to stay longer?”

• “And what….?..... And how….?”

Introduction

Many non-EU citizens arrive in Italy after loads of papers,

bureaucratic procedures and an amount of time spent before

the consulate or local offices. And this is the very first step

The second step is

STAYING AND LIVING IN ITALY

Based on our experience, upon his/her arrival, a non-EU citizen

needs assistance on:

• Family Reunification

• Renewal of Permits to Stay

• Everyday life activities

Legislative Framework

There is a number of laws, decrees and regulations applicable to

this sector, including:

• Legislative Decree no. 286 dated 25 July, 1998, the

Consolidated Italian Law on Immigration

• Presidential Decree no. 394 dated 31 August, 1999,

containing a set of applicative rules

• Yearly Quota Decree (Decreto Flussi)

Remember also:

• EU Directives and Regulations on immigration issues

Focus on Visa for Family Reasons

• Family unity is a fundamental right recognized and

protected by the Italian legal system

• It applies also to foreign nationals that intend to rejoin

their family members

• Family reunification represents an essential requirement

for the positive outcome of the integration process in

the social and working lives of foreign nationals in Italy

Focus on Visa for Family Reasons

WHO?

Relatives of a non-EU citizen holding a regular Italian permit to

stay or long term visa (> 1 year). In particular:

• Spouse (polygamy not accepted)

• Children < 18 years

• Dependent children > 18 years if they are not able to meet

their basic needs for serious health problems entailing total

disability

• Dependent parents if there are no other relatives able to

support them in their country of origin

Focus on Visa for Family Reasons

OBJECTIVE REQUIREMENTS

1. Insurance Policy (only for dependent parents older than 65 years)

2. Suitable house, endowed with all sanitation requirements and

equipped with the housing suitability certificate

Practical Tips

• The certificate « certificato di idoneità abitativa » is issued by the

Technical Office of the relevant Municipality or by the relevant Local

Health Unit (ASL)

• One of the elements is the minimum housing surface, set by each

Italian Region (usually 28 sm x 2 persons)

Focus on Visa for Family Reasons

Practical Tips

• In case of reunion with children < 14 years, the certificate can be

replaced by:

‒ Consent of the person giving hospitality (S1 Model)

OR

‒ Copy of the lease agreement with at least 6 months duration

• The certificate is not requested in case of permits for research

purposes

Focus on Visa for Family Reasons

OBJECTIVE REQUIREMENTS

3. Availability of a minimum annual income not lower than the

annual amount of the social allowance increased by one-half for

each family member intending to be reunified

Practical Tips

• Minimum annual income for year 2016 is Euro 5,825 (Euro

448.07/month)

• In case of reunion with 1 family member, the minimum requested

income is Euro 8,737.5 (Euro 672.10/month)

Focus on Visa for Family Reasons

Practical Tips

In case of self-employment permits/visas, proof of minimum annual

income may be given:

• With tax returns (Unico) relevant to the year preceding the request

• With the necessary supporting documentation based on the

category the non-EU citizen belongs to:

- Owner of a Business: certificate of incorporation, photocopy of the

VAT number, financial statements, tax returns, etc.

- Project-Based Collaboration: collaboration contract, statement of

client showing validity of the contract, INPS registration, etc.

Focus on Visa for Family Reasons

SUBJECTIVE REQUIREMENTS

1. Proof of the family relationship and related authorizations

(e.g., for minors)

Practical Tips

• Marriage certificate, birth certificates, consent from the other

spouse

• Also natural children

• Certificates must be translated in Italian. Translation must be

legalized/apostilled. Legalization also at the Italian local Civil Court

(Tribunale)

Focus on Visa for Family Reasons

PROCREDURE

There are two slightly different procedures

1. Family Reunification

Applicable to family members in the country of origin

2. Family Cohesion

Applicable to family members travelling with the person with title to

stay in Italy. Procedure to be activated when both members are

abroad, before leaving

NOTE: same documents for both procedures

Focus on Visa for Family Reasons

PROCREDURE 1 - FAMILY REUNIFICATION

1. Request for “Nulla Osta al ricongiugimento familiare” filed online.

Competent authority: Sportello Unico Immigrazione (SUI). MOD S

2. Appointment with SUI to submit documents on objective

requirements. Further documents may be requested

3. Positive opinion from Local Police (Questura)

4. Issuance of Nulla Osta (and request for tax code) sent electronically

to the Consular Office

5. Consular Office will make the subjective assessment

6. At the end, the visa for family reasons will be issued

TIMING: up to 6 months

Focus on Visa for Family Reasons

PROCREDURE 2 - FAMILY COHESION

1. Registration on the website of the Ministry of Internal Affairs

2. Online request for family cohesion (Form T)

3. Proxy to someone taking appointment with SUI for documents

submission

4. Issuance of Nulla Osta (and request for tax code) sent electronically

to the Consular Office

5. Consular Office will make the subjective assessment

6. At the end, the visa for family reasons will be issued

TIMING: up to 6 months

Focus on Visa for Family Reasons

ADDITIONAL INFORMATION

1. Upon arrival in Italy (within 8 days) it is necessary to go to SUI that

issued the Nulla Osta

2. SUI will print the request for permit to stay for family reasons

3. Request for permit to be sent through Post Office in person by the

person asking for permit. Passport check

4. The owner of a permit for family reasons can work (self-employed or

employment), will receive NHS support and assistance, can have

access to university or schools

5. Duration of the permit = to relative’s permit duration

6. Refusal can be challenged before the Civil Courts

How to Renew a Residence Permit

• Validity of residence permit is the same as that

indicated in the visa (e.g., up to 2 years for self-

employment, family reasons)

• Renewal can be asked exclusively at the Post Office:

- Permits issued for self-employment reasons/start up

- Permits issued for family reasons

- Certain types of permits only at the Questura

• No certainty on length of extension

How to Renew a Residence Permit

DOCUMENTS

• General Documents

- Passport, photographs, fiscal code, request for renewal

• Documents showing proper housing

- Lease agreement

- Proof of ownership

- Host declaration form

● Documents showing financial resources/work activity

- Extract from the Companies’ Register

- Financial Statements, etc.

How to Renew a Residence Permit

RENEW UPDATE CONVERSION

When the permit is about to expire

For changes in marital status, passport, address, etc.

When the reason for staying in Italy has changed

Post Office Post Office Questura

Questura SUI

Documents to be submitted depend on the type of permit

Documents showing the reason for updates

Documents depending on the reason for change (study/employment)

How to Renew a Residence Permit

Further renewals

• After 5 years

- A EU Permit may be required, subject to certain conditions

- The EU Permit, unlike the national permit to stay, can be

asked also for family members in one single request

- The EU Permit allows the holder to stay in other EU countries

longer than 3 months

- Request is made at the local Questura

- Not accepted if in a 5 years period, the holder left the Italian

territory for more than 6 months in a row/ for a total of 10

months

Citizenship

Italian citizenship can be acquired in very specific cases,

including:

• being born in Italy

• by marriage with Italian citizen

• by naturalization, after 10 years

In case of naturalization, citizenship can be granted by

Presidential Decree

NOTE: rather than an automatic process, it is discretionary:

although a person possesses the requirements to obtain it, the

final outcome is not predictable

Duties and Rights

• DUTY TO EXHIBIT THE PERMIT

- For issuance of licenses, authorizations, enrollment

- For money transfers

- When requested by police or public security forces.

Unreasonable refuse to do so may result in a fine up to Euro

2,000

- NOT IN CASE OF: medical treatments/hospital, school

• DUTY TO PAY TAXES

• DUTY TO COMPLY WITH ALL THE APPLICABLE LAWS

Duties and Rights

• RIGHT TO RECEIVE ASSISTANCE AND CARE FROM NHS

• RIGHT TO RECEIVE PROPER INSTRUCTION

- Access to schools for minors

- Access to university

- Access to work training courses

• RIGHT TO MATURE AND RECEIVE PENSION

• RIGHT TO ENJOY WITH ANY TAX BENEFITS APPLICABLE

TO ITALIANS

in other words, same rights applicable to Italians

USEFUL LINKS

• www.portaleimmigrazione.it

• http://www.esteri.it/mae/en/ministero/servizi/sportello_info

/domandefrequenti/sezione_visti_entrare_in_italia.html

• http://www.interno.gov.it/it/temi/immigrazione-e-

asilo/modalita-dingresso/sportello-unico-limmigrazione

Avv. Alessandra Palladini a.palladini@legalgrounds.eu

OUR MAIN OFFICES ARE IN ROME AND MILAN. HOWEVER OUR MEMBERS ARE LOCATED IN

VARIOUS CITIES IN ITALY AND ABROAD (INCLUDING GENOA, LONDON AND NEW YORK). THE

MOST EFFECTIVE WAY OF CONTACTING US IS VIA E-MAIL AT THE ADDRESSES LISTED ON

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