Regularisation of domestic workers

Key information you must know in order to submit the application,

1st September 2009: From today, illegal immigrants doing domestic work can be regularised. This regularisation is only meant for those who are working illegally as domestic workers.

Please note that this regularisation is valid for Italians, EU citizens doing undeclared work in the domestic sector, as well as to non-EU foreigners without the Permit of Stay and to those with permits which don’t allow their holders to work (such as Permit of Stay for political asylum, medical treatment, justice reasons, religious, etc).

The following employers can apply for regularisation of their workers: Italians and non-EU foreigners who are holders of the Permanent Resident Permit (carta di soggiorno). Those who have applied for the Permanent Resident Permit but have not yet received it can also apply to regularise their workers.

It will be possible to regularise domestic workers who by 30th June 2009, had been working for their employers for three months. This means that they must have began working for the same employer by 1st April 2009.

Application for regularisation costs 500 Euros for each worker and can be submitted from 1st to 30th September 2009. Before beginning to apply for regularisation, the employer must pay 500 Euros for each worker at the bank or post office using special forms prepared by the Agenzia delle Entrate (The Income Tax Department).

There will be no limit to the number of workers to be regularised. All who submit the application and meet the requirements established by the law will be regularised (will be issued the Permit of Stay).

o   How to apply

 
Application for regularisation of Italians and EU citizens doing undeclared domestic work is to be submitted to the offices of the National Social Security Institute (Istituto nazionale per la previdenza sociale, INPS) using special forms prepared by INPS.

Application for regularisation of non-EU foreigners are to be submitted online, to the Immigrations Office at the Prefecture (Sportello Unico per l’Immigrazione) using special forms which can be downloaded from the website of the Ministry of Home affairs.  Each nuclear family can apply for regularisation of a maximum of three non-EU foreign workers (1 housekeeper and 2 caregivers).

o   Requirements for regularisation of housekeepers (colf)

 
An employer whose annual income for 2008 was not lower than 20,000 Euros, if he/she is only the one with an income in the family, can apply for regularisation of a housekeeper. But if there are other family members with an income, then the income requirement is increased to 25,000 Euros per year.

o   Requirements for regularisation of caregivers (badanti)

 
In order to apply for regularisation of a caregiver, one has to prove that he/she, or the person for whom the worker is needed, is not self-sufficient at the time the work relationship is established. This can be proved by showing medical certificates issued by doctors authorised by the National Health Service. In case of those who have been previously recognised as invalid, it will be enough to present civil invalidity certificate.

In case of application for regularisation of two caregivers for the same patient, the doctor must certify that patient requires two caregivers. Please note that there is no income requirement for regularising caregivers (badanti).

The application for regularisation of a caregiver can be submitted by either the assisted person or his/her family members. For instance, a son can apply for regularisation of a caregiver for his parent, by obviously submitting medical certificates showing that the parent is not self-sufficient.

Those who applied for authorisation to work (nulla osta) under the Quota Agreement (Decreto flussi) 2007 or 2008 can also apply for regularisation. If you choose to do this, you’ll be required to give up your application for authorisation to work under the Quota Agreement.

While the application is being processed, it will not be possible to expel the foreign worker in the country illegally. The employer will also be protected from criminal, civil and administrative sanctions foreseen by the law for undeclared work. If the application for regularisation is accepted, the above violations will be condoned definitely.

Once the application has been accepted, the employer and the worker will be summoned to the Immigrations Office at the Prefecture to undersign the Residency contract (contratto di soggiorno).

At this stage the worker will have the possibility of applying for the Permit of Stay, at his/her own expenses. Currently it costs about 70 Euros, but this will be increased as required by the new Security Law.

Foreigners who in the past were expelled from Italy because they didn’t have the Permit of Stay or because their permits had expired will have a chance of regularising their status.

The following will be banned from applying for regularisation: Those who had been expelled from Italy for security reasons, public order or terrorism, those who have been earmarked as non admissible to Italy, as well those who have been condemned, even if not definitely, for crimes requiring being caught red handed.

It is not wise to try to cheat by making false declarations (for instance that you had been working for your employer from 1st April 2009 if this is not true, or use forged documents). These are crimes punishable by a prison sentence of up to six years.