Sunday, October 17, 2010

I have been cleared (Nulla Osta),but my employer does not want me to take more. What do I do?

My brother has been cleared in India to be hired by a company here in Italy. But now the company no longer wants to hire him because he is spending too much time of the request. My brother lost the opportunity to have a residence permit?

After obtaining an entry visa for work by the Italian Consulate in the country of residence, the non-EU worker can finally go to Italy to be regularly employed.

Once in Italy, and in any case within 8 days, the worker must then go to the Immigration Office for Immigration to sign a contract for the living room (not required the presence of the employer who has already signed the contract to stay when calling for the withdrawal of clearance) and request a kit for the release of the first residence permit for work.

The Single Desk for Immigration issue two copies of the contract of residence and the kit with the modules already completed, to be presented at a post office enabled, the request for a residence permit for employment purposes.

In fact, it often happens that the employer, for a variety of reasons, is no longer available to take over the city for extraUe who presented the request for permission. This actually can happen before the worker arrives in Italy.

What happens next?

First hypothesis: the unavailability of employer recruitment

The Ministry of Interior has issued regulations that event with a special circular in August 2007.

Occurs when an unavailability of employer hiring the employee will be entitled them to stay in Italy and apply for a residence permit for waiting jobs. In this case, in fact, the failure to formalize the employment relationship depends on causes not related to an alien, and it would therefore not recognize any unfair opportunities. E ', however, requires the employer to subscribe to the Immigration Office and to acknowledge a statement of unavailability or a specific statement as to the loss of willingness to formalize the appointment.

In this way the employee does not lose the right to stay: not signing the residence contract and instead of requiring a permit for work, applying for the permit waiting for employment, with the kit postal copy of the unavailability of employer work.

The permit lasts for six months awaiting employment and termination, if the owner has not found anyone willing to take it, it needs to return to his country.

Second hypothesis: the employer can not be located or otherwise not available to make the declaration at the One Stop Shop.What happens, however, if the employer does not want to make a declaration of unavailability recruitment or has disappeared?

In this case the best thing for the worker however, is to go to the Single Desk to sign the contract of residence and request, via the post office to issue the permit.

For the purposes of this request, the kit is sufficient to include:

- Original application form of the residence permit issued by the OSS;
-Copy of valid passport;
-Copy of the permit; copy of the tax code;
-A copy of the certificate of accommodation (or coupon request);
-A copy of clearance and of the identity of the employer;
-Bulletin of the postal on the payment of € 27.50 for issuing a residence permit in an electronic format.

After sending the kit, the postmaster issued a receipt with the safety requirements Anti confirming the request for issuing a residence permit for employment and legitimate foreigners to stay legally in our country. This receipt allows the foreigner to be taken also by a different employer and thus achieved, integration of documentation, a residence permit for work.
                                                                                                                                   
Avv, Salvatore Mascia,
Avv, Rosa Caggiano

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