What happens to my Permit of Stay?
30th January 2010: Losing one’s job, regardless of the reason, doesn’t lead to withdrawal of the foreigner’s Permit of Stay. It also doesn’t lead to the withdrawal of the Permits of Stay held by the foreigner’s family members. The Italian law allows the foreigner who has lost his/her job, to remain in the national territory in order to look for another job.
If a foreigner who still holds a valid Permit of Stay, or has an expired Permit of Stay but has applied for its renewal, loses his/her job due to resignation, dismissal, or expiry of the contract, he/she can:
look for another job, and do any type of work (either self-employed work or subordinate work).
Register with the Employment Centres for the remaining period of the permit’s validity, or in any case for a period not lower than six months.
The foreigner has to register with the Employment Centre (Centro per l’Impiego) within 40 days of losing the job. He/she has to report the previous work done, and declare willingness to carry out any work available. In order to be registered with the Employment Centre, the foreigner is required to show the valid Permit of Stay or the receipt issued at the post office at the time of applying for renewal of the expired permit.
After registration, the foreigner’s name will be included in the register of the Employment Centre as long as his/her Permit of Stay is valid, and in any case, for a period not less than six months.
- Permit of Stay for Job Search
If the Permit of Stay for work expires before the holder finds another job, he/she can apply at the competent Provincial Police Headquarters (Questura) for the renewal of the permit. The application is to be submitted using the application kit available at the post office. The certificate of enrolment at the Employment Centre must be attached together with other documents while applying for renewal of the Permit of Stay.
The Provincial Police Headquarters will issue a Permit of Stay for Job Search valid for six months. This permit cannot be renewed. If within this period the foreigner succeeds to find another job, he/she has to undersign the new Residence Contract (Modello Q) and send it to the competent Immigrations Office at the Prefecture by registered mail with return receipt.
After doing this, the foreigner can apply for the conversion of the Permit of Stay for Job Search into one for subordinate work. The application is to be submitted using the application kit available at the post office.
But if the foreigner fails to find another job within these six months, he/she will be forced to return to his/her home country since the Permit of Stay for Job Search cannot be renewed.
- Permit of Stay for Family Reasons
Foreigners who are holders of the Permit of Stay for Family Reasons have a right to work and in case they lose their jobs, can continue to retain their permits. At the expiry of the permit, they’ll have to apply for its renewal using the application kit available at the post office. In order to show that they have the required income, they must enclose a declaration of responsibility (dichiarazione di presa a carico) from the person responsible for their stay in Italy and a copy of that person’s income tax returns.
- Holders of the EC long-term residence permit
Losing one’s job is not a reason that justifies withdrawal of the EC long-term residence permit. It can, however, be withdrawn for the following reasons:
- § If it was obtained fraudulently.
- § If the holder is expelled because he/she is a security threat.
- § If the holder is away from the European Union for 12 consecutive months.
- § If the holder is issued a EC long-term residence permit by another EU Member State .
- § If the holder is absent from Italy for more than 6 years.
- Right to be paid all the unpaid wages
Just as Italian citizens, a foreigner who loses his/her job has a right to be paid all the unpaid wages prior to the loss of the job. The worker therefore has a right to all the due pay, allowance for untaken paid holidays, the severance indemnity (trattamento di fine rapporto – “TFR”), the 13th Month Salary (La tredicesima mensilità) accumulated up to the time of losing the job. The foreigner also has a right to unemployment benefit if he meets therequirements. Workers who willingly resign for justified reasons also have a right to receive the unemployment benefit. The same is also valid for foreign workers without the Permit of Stay.
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