What happens after applying for regularisation?

The list of documents to prepare before you are summoned to Sportello Unico.

12th December 2009: Law 109 of 2009 made it possible for employers of illegal immigrants in Italy doing domestic work to apply for regularisation of their workers. Employers of all illegal immigrants who had been doing domestic since 1st April 2009 could apply for regularisation of their workers. The deadline for submitting applications was 30th September 2009.

Since there was no limit to the number of domestic workers who could be regularised, all who submitted the application and met the requirements established by the law will be regularised (will be issued the Permit of Stay). Each nuclear family could apply for regularisation of a maximum of three domestic workers (1 housekeeper and 2 caregivers).  Before submitting the applications, each employer had to pay the 500 Euro contribution fee and indicate the details of payment in the application form.

From 1st October 2009, the Immigrations Offices at the Prefecture (Sportelli Unico per l’Immigrazione) and the Provincial Police Headquarters (Questure) received all the applications which were submitted online to the Ministry of Home Affairs.

The Provincial Police Headquarters have to verify if there are reasons that may block the issuing of the Permit of Stay. The following, even if they applied for regularisation, will never receive green light from the Provincial Police Headquarters: 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.

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 be regularised if they applied.

In order to carry out the necessary checks, the Provincial Police Headquarters must have the foreigner’s right personal data (name, surname, date and place of birth, citizenship, sex). In case any of the above was misspelt in the application form, it is very important to notify the competent Immigrations Office at the Prefecture as soon as possible. You can do this by registered mail with return receipt.

If the police officers don’t find anything that may block the foreigner from being issued the Permit of Stay, they’ll clear the application. But if they find a problem, they’ll reject the application.

Having received clearance from the Provincial Police Headquarters that there are no reasons to block the issuing of the Permit of Stay, the Immigrations Office at the Prefecture will summon the employer and the worker to go and undersign the residency contract.

The employer will receive the convocation letter indicating the appointment date, time, place and the documents to bring along.

Here’s the list of documents

•       The original €14.62 revenue stamp whose bar card was indicated in the application form (those who’ve lost it can present a new one).
•       Employer’s original ID document plus two copies of the same document (foreign employers must also present the copy of the Permanent Resident Permit or receipt issued when they applied for it).
•      Two copies of the foreigner’s valid ID document (passport or any other equivalent document).
•      Copy of the employer’s income tax returns (modello Unico or modello 730), in case of hiring of a housekeeper (colf). If the employer’s income is not sufficient and he needs to top it with those of other family members living with him, then he also has to present income tax returns of those other family members. 
•      Copy of the medical certificate from a doctor or Local Health Office (Azienda Sanitaria Locale-ASL) showing that the person to be assisted was not self-sufficient at the time the work relationship was established (in case of hiring of a caregiver - badante).
•      Original copy of the Modello F24 proving the payment of 500,00 Euros.
•      Original certificate of family status (the employer can self-certify this).
•     Original and copy of the certificate of suitable accommodation (certificato di idoneità alloggiativa) issued by the technical office of the City Council. One can also apply for this certificate at the competent ASL. Those who have not yet received it can show the receipt they were given when they applied for it.
•       Two copies of the rent contract, title deed, etc of the accommodation indicated in the application formBefore undersigning the residency contract, the officer at the Immigrations Office at the Prefecture together with the officer from the Provincial labour Office will check to ensure that the following conditions are met.
•     The employer who applied to hire a housekeeper has the minimum income required by the law which is 20,000 Euros. This is the minimum income an employer must have if he is to regularize an illegal immigrant without adding the income of other family members. But if the employer’s income doesn’t reach that amount, then he is free to add the income of other family members living with him. In this case, the minimum income requirement is raised to 25,000 Euros per year.
•      The employer who applied to hire a caregiver or two must present the medical certificate from a doctor or ASL showing that the person to be assisted was not self-sufficient at the time the work relationship was established. This can also be proved by presenting the Invalidity certificate. In case of hiring a caregiver, There is no minimum income requirement,
•      The officers will have to verify the payment of 500,00 Euros and availability of suitable accommodation for the worker (in order to undersign the residency contract, it is enough to show a receipt proving that one has applied for it).
•     If all the required documents are in order, the employer and the worker will finally undersign the residency contract, after which the worker will be issued the Modello 209 for applying for the Permit of Stay for work at the post office.

What to enclose in the application kit 

1.       A €14.62 revenue stamp together with the following documents: 
2.      The original Modello 209 issued by the Immigrations Office at the Prefecture for applying for the Permit of Stay.
3.      Copy of all pages of the passport.
4.      Copy of the residency contract undersigned at the Immigrations Office at the Prefecture.
5.      Copy of the Fiscal code.
6.      Receipt of payment of 27,50 for the issuing of the electronic Permit of Stay .

The fee for sending the application kit is 30 Euros.

After receiving the application kit, the post office officer will issue the foreigner a receipt showing that he has applied for the Permit of Stay. He’ll also fix for the applicant the appointment to go to the Provincial Police Headquarters to submit the passport size photos and for fingerprinting.

At this stage the employer has to formalize the hiring of the domestic worker by notifying INPS of the hiring using the Modulo Comunicazione Obbligatoria di Assunzione. This must be within 24 hours of undersigning the residency contract at the Immigrations Office at the Prefecture. It can also be done at the same time of undersigning the residency contract if an officer from INPS is available at the Immigrations Office at the Prefecture or in case the residency contract is undersigned at the INPS's office.