Sunday, October 03, 2010

Entry in italy (European Union citizens)


Under Legislative Decree no.32 of 28 February 2008 (pdf 39 Kb) EU citizens who wish to stay in Italy for periods not exceeding 3 months should report their presence on Italian territory to the local Police authorities filling out the relevant form (pdf 44 Kb). They will be issued a duly stamped copy that must be shown whenever requested by Police. If they fail to comply with the obligation to report they will be deemed to stay in Italy for a period exceeding 3 months.

EU citizens who wish to stay in Italy for a period exceeding 3 months should register with the local Anagrafe (population register of the place of residence) (pdf 19 Kb) for the district they reside in. Documents needed for the registration should attest that they work, study or attend vocational training courses.Otherwise evidence must be given to have sufficient financial resources as well as to be covered by a sickness insurance policy for the duration of one's stay in Italy.

EU citizens who have applied for a residence permit before 11 April 2007 are entitled to register with Anagrafe by simply submitting the receipt issued by Questura or by Italian Post Offices as well as a self-certifying statement that the above-mentioned requirements are met.For stays of more than 3 months family members of EU citizen who are not EU nationals need to apply for a residence permit to the local Questura or to a Post Office (please use the application kit with a yellow stripe).

The application must include the following documents: an identity document or valid passport with an entry visa (if required); proof of the family link to an EU citizen; a receipt certifying that the family member has applied for registration to Anagrafe.Family members of an EU citizen who are not EU nationals may apply for a permanent residence card after five years of continuous residence.
Application for permanent residence must be made to the Questura of the place of residence before the residence permit expires.

Residence permit for family reunification

Non-EU nationals may maintain the unity of their family or apply for family reunification provided that they hold an EC residence permit for long-term residents or a residence permit for work, asylum, study, religion or family purposes.

Application for family reunification

When applying for family reunification you must fill out these forms and submit them to the Immigration Desk - Sportello Unico per l'Immigrazione at the 'Prefettura' of the province where you reside. You may apply for reunification with the following family members:
  • spouse not legally separated and not being under 18 years of age;
  • unmarried minor children (under 18 years of age) born to you or your spouse within or out of wedlock, upon consent of the other parent, if any;
  • adult children (over 18 years of age) if they are financially dependent on you or cannot provide for their own needs because of their health conditions implying total disability;
  • financially dependent parents who have not any other children in their country of origin or residence, or parents over 65 years of age whose other children are unable to support them financially because of serious health problems duly certified.
Since 10 April 2008 the Immigration Desk - 'Sportello Unico per l'Immigrazione' has adopted a new online procedure to apply for reunification. Applications are now accepted only if submitted through the Internet.

Minor children:

If you reside legally in Italy you can have your children included in your residence permit and/or that of your spouse provided they are under the age of 14.After the age of 14, minor children may be granted either a separate residence permit for family reasons valid until they reach 18 years of age or a long-term residence card.

After they have reached the age of 18, children are entitled to renew their residence permits for the same duration as their parents' s. The same right apply to minors under guardianship.After they have reached the age of 18, foreign nationals meeting relevant requirements will obtain a different type of residence permit (study, registration at the employment office, employment, or self-employment).

Residence permit for medical treatment or study

Residence permit for medical treatment

If you seek medical treatment in Italy, you may apply for an entry visa and a residence permit for medical purposes. The application may also be submitted on your behalf at the Italian Embassy or Consulate in your country of residence by a member of your family or another person acting in your place.

Your application should include the following supporting documents:
  • a letter from the Italian public/private hospital of your choice giving details of your medical condition, the treatment you need, and how long the medical treatment is estimated to last (start-date/end-date);
  • a recent bank statement giving evidence that you have sufficient funds deposited in your account to cover the expected full costs of the medical treatment you need;
  • evidence that you can afford accommodation and maintenance costs for you and any accompanying person during your stay in Italy.
Residence permit for study:

As autonomous and self-governing entities, Italian universities encourage foreign students to enrol on degree courses according to quotas established on an annual basis and following agreements with other foreign universities.If you are a student wishing to be accepted on a degree course, you must possess either a final higher school diploma issued in Italy or a final diploma recognized as equivalent if it has been issued abroad.

You are also entitled to attend degree courses either if you hold an EC residence permit for long-term residents ("carta di soggiorno") or a residence permit for work, family, political asylum, humanitarian protection or religious grounds.Before your residence permit for study or for training purposes expires you are entitled to switch to a residence permit for work according to national quotas established under the legal labour migration flows scheme.

Self-employed foreign nationals

You are considered self-employed if you carry on a trade or a business, you practise a profession or you are a craft worker, or you have established a company or a partnership or you hold any executive positions in them.

Italian embassies or consulates issue entry visas for self-employment purposes indicating your planned activity.This type of visa is issued or denied within 120 days from the date when the application is submitted and has to be used within 180 days from its issue.

Within 8 days of your arrival in Italy, you will need to apply for a residence permit by submitting the following documents:

    * application completed and signed in person;
    * photocopy of all pages of your passport or equivalent travel document;
    * evidence that you have sufficient funds to start your planned activity in Italy;
    * certificate of enrolment in professional or trade registers, if required;
    * certificate from the appropriate authority showing that there are no impediments to the issuing of an authorization or licence for your planned activity;
    * evidence that you have appropriate accommodation;
    * evidence of an annual income in excess of the minimum income required by law for exemption from health service payments. In alternative, you can submit a guarantee from an organization, an Italian citizen or a foreign national legally staying in Italy.

Employment of foreign nationals

Employers who wish to employ foreign nationals from abroad must submit the following documents to the Immigration Desk - 'Sportello Unico per l'Immigrazione' at the 'Prefettura' in their own province:
  • application to employ a foreign national with full details of the worker to be employed;
  • photocopy of the worker's passport or equivalent travel document;
  • copy of the employment contract signed by both employer and employee;
  • statement in which the employer undertakes to pay for the worker's return trip home in case of repatriation;
Foreign workers must obtain the required visa from an Italian consulate in their country of origin or residence.If a foreign worker becomes unemployed, he/she and his/her family members do not lose their residence permits.No matter whether the foreigner's unemployment is due to dismissal or resignation, he/she can apply to be registered at the employment office for as long as his/her residence permit remains valid and, in any case, for a minimum of one year (except for seasonal workers).

Seasonal work permit

If you wish to apply for a seasonal work permit, you must submit the same documents and follow the same steps as outlined in the employment section.Seasonal work permits can be valid for a minimum of 20 days and a maximum of 6 months.

In some sectors a work permit valid for 9 months can be issued for one single seasonal job or for several short-term seasonal jobs under different employers.
When specific requirements are met, you can convert your residence permit for seasonal work into a residence permit for fixed term or open-ended employment.

If you return to your country of origin upon expiry of your residence permit for seasonal work, you have priority for another work opportunity over your fellow nationals who have never been to Italy with a work permit.

Italy entry visa

An entry visa is the authorization which enables you to enter Italy. It is a printed visa sticker that is attached to your passport or other valid travel document.Your visa application form must include a recent passport-size photo, a valid travel document and, where applicable, supporting documents depending on the type of visa you are applying for.

You are required to specify the following:
  • purpose of your journey;
  • means of support both for your stay in Italy and return to your country;
  • accommodation.
A visa is issued by the Italian Embassies and consular posts in your country of origin or permanent residence. You cannot apply for a visa or an extension of its validity while you are in Italy.

A visa is not required if you are a national of one of the countries whose citizens are exempt from any visa requirement for short-term stays not exceeding 90 days on the following grounds: tourism, mission, business, invitation or sporting events.

A visa is required if you are a national of one of the countries whose citizens are subject to a visa requirement.

Schengen uniform visa for short stays not exceeding 90 days:
 
The uniform visa issued by a Schengen State authorizes entry for short stay in or transit through the Schengen area for a period not exceeding 90 days.If you hold a residence permit issued by a Schengen State you are entitled to enter Italy without a visa for a short stay not exceeding 3 months on grounds other than employment, self-employment and training. In this case too, you have to report on arrival

National long-stay visa:
 
If you wish to stay in Italy for a period exceeding 90 days, you are subject to a visa requirement even if you are a citizen of a country exempt from any visa requirement for transit or short stay.
 
Long-stay visas are valid for a period exceeding 90 days and for one or multiple entries into Italy and may include transit through the territory of the Schengen States (the length of transit may not exceed 5 days).

Types of visa

There are 20 types of entry visa: adoption, business, medical treatment, diplomatic, accompanying family member, sporting events, invitation, self-employment, employement, mission, religious grounds, re-entry, elective residence, family reunification, study, airport transit, transit, transport, tourism, and working holiday.
  • Visa type A: Airport transit visa
  • Visa type B: Transit visa
  • Visa type C: Short-stay visa or travel visa valid for one or more entries and for a period not exceeding 90 days
  • Visa type D: Long-stay visa valid for more than 90 days.

Application for political asylum


Foreign nationals who wish to claim political asylum under the Geneva Convention have to report to the Border Police upon entry in Italy. They can also submit their application to the Immigration Office at the 'Questura' - a central police station in the province.

The applicants will be photographed and fingerprinted and their application will be forwarded to the local Commission for the Recognition of Refugee Status which is responsible for taking a decision on it.

To substantiate their applications for asylum, applicants are required to submit to the Immigration Office at the 'Questura':
  • an application form explaining the reasons for their claims in their own mother tongue;
  • a copy of their passport, if in their possession;
  • any documents supporting their claims.
The Immigration Office will issue a residence permit to foreign nationals who have been granted refugee status.For more information please refer to the "Information Leaflet for Asylum Seekers" published by the Ministry of the Interior's National Commission for the Right to Asylum (art. 32 of Law No. 189/02) and available in five languages (Italian, English, French, Spanish, and Arabic).Since 19 January 2008, new provisions have regulated the attribution of the status of refugee or person eligible for subsidiary protection to non-EU nationals or stateless persons.

Asylum

02.02.2008

New rules on recognition of refugee status to foreigners and stateless persons

In force since 19 January, the decision to enforce the EU directive laying down minimum standards of international protection

Entered into force January 19, 2008 on minimum standards for citizens of countries outside the European Union or stateless persons as refugees or as persons eligible for subsidiary protection. 
E 'was published in the Official Journal of 4 January 2008, the Legislative Decree 19 November 2007, no 251, Implementation of Directive 2004/83/EC on minimum standards, a third-country nationals or stateless persons as refugees or of persons who otherwise need international protection and on minimum standards of protection granted. 
The measure contains the requirements for identifying status of 'refugee' and 'person eligible for subsidiary protection':

  • Refugee: foreign national who, owing to well founded fear of persecution because of race, religion, nationality, membership of a particular social group or political opinion, is outside the territory of the country of his nationality and is unable or , owing to such fear, is unwilling to avail himself of the protection of that country or a stateless person who is outside the territory in which he had previously habitual residence for the same reasons, is unable or unwilling to return; 

  •  A person eligible for subsidiary protection: foreign national who is eligible to be recognized as a refugee but in respect of whom there are reasonable grounds for believing that, if returned to his country of origin, or in the case of a stateless person, if returned to his country in which had previously habitual residence, would face a real risk of suffering serious harm and who is unable or, owing to such risk, unwilling to avail himself of the protection of that country. 

Foreigners are excluded from the protection already assisted by an organ or agency of the United Nations other than the United Nations High Commissioner for Refugees. Also excluded from the protection regime for foreigners whom there are reasonable grounds to believe he has committed a crime against peace, a war crime or a crime against humanity, who have committed abroad, before issuing the permit stay as a refugee, a serious crime or acts particularly cruel, even if committed with an allegedly political objective, which may be classified as serious crimes, who are guilty of acts contrary to the purposes and principles of the United Nations.

EC residence permit for long-term residents


Since 8 January 2007, the permanent residence card ("carta di soggiorno") has been replaced by the EC residence permit for long-term residents.The new permit is permanent. You are entitled to apply for it only if you have been legally and continuously resident in Italy for five years. You can present your application either at the Post Office ("Uffici postali") or at the designated Municipal office (pdf 13 Kb) ("Comune") or at other authorized offices (pdf 2 Mb) ("Patronati"): in the last two cases you do not need to use the postal "application kit".

Your application must include:
  • a copy of your valid passport or equivalent travel document;
  • a copy of your income tax statement bearing evidence that you have a minimum income higher than the social allowance ("assegno sociale"). For domestic workers and caregivers: INPS (National Social Welfare Institution) payment receipts or INPS itemized statements;
  • criminal records and pending charges;
  • evidence of appropriate accommodation, if the application being submitted includes family members;
  • copies of pay slips for the current year;
  • residence and family certification;
  • postal receipt for payment of the electronic residence permit (€27.50);
  • a €14.62 electronic revenue stamp.
The cost of the recorded delivery is €30.

EC residence permit should not be issued to those who are considered a threat to public order and State security.

The application can be submitted also for:
  • the spouse if not legally separated or under 18 years of age;
  • minor children, including children of the spouse or children born out of the wedlock;
  • dependent children over 18 who are not self- supporting due to their health conditions resulting in permanent inability to earn their living;
  • dependent parents.
In order to obtain long-term resident status for your family members, your application must also include the following additional documents:
  • Evidence that your annual income support is sufficient to maintain yourself and all the members of your family. If you apply for two or more children aged under 14, our annual income must be twice the annual amount of the social allowance ("assegno sociale").
  • Certificates attesting your family relationship. All foreign documents must be translated into Italian, legalized and certified by the competent Italian Consulate in the country of origin or residence of your family member or members.
EC long-term residence permit entitles you to:
  • enter Italy without a visa;
  • work;
  • enjoy social benefits and social services supplied by the Italian government;
  • participate in local public life.
If you hold an EC long-term residence permit issued by another member State, you are entitled to reside in Italy for a period exceeding 3 months on the following grounds:
  • regular employment or self-employment;
  • attendance of courses of study or vocational training;
  • residence, provided that you prove to have stable and sufficient funds (your income must be over twice the minimum wage exempted from national health care contributions) and that you are covered by a private health insurance for the duration of your stay in Italy. In this case, you obtain a residence permit valid for Italy, renewable on expiration (circular letter of 16 Feb. 2010), while your family members obtain a residence permit for family purposes.
Exclusions and refusals
You cannot apply for an EC long-term residence permit on the following grounds:
  • study or vocational training and scientific research;
  • temporary protection or other humanitarian grounds;
  • asylum or when awaiting a decision for recognition as a refugee;
  • if you are a holder of a short-term residence permit;
  • if you hold a diplomatic, official and service passport, or hold laissez-passer issued by international organizations of a universal character.
Your EC long-term residence permit may be revoked in the following cases:
  • You have acquired it fraudulently.
  • An expulsion measure has been adopted against you.
  • You no longer fulfil the requirements set for its issue.
  • You have been absent from the territory of the European Union for a period of 12 consecutive months.
  • You have acquired long-term resident status in another European Union member State
  • You have been absent from Italy for a period exceeding 6 years.
29-03-2010

Requirements for immigrants leaving Italy temporarily

Requirements for immigrants leaving Italy temporarily

Foreigners awaiting renewal of their residence permits can leave and re-enter Italy if they hold:
  • the receipt issued by Italian Post offices (Poste Italiane S.p.A) certifying the submission of the application for renewal of their residence permit or EC residence permit for long-term residents;
  • the expired residence permit;
  • their passport or other equivalent travel document .
The same facilitated procedure is granted to foreigners who have submitted their application for their first residence permits for employment, self-employment, or family reunification, provided that:
  • they leave and re-enter Italy through any Italian external border crossing point (cicular letter 11th March 2009);
  • they show their passport or other equivalent travel document, along with the entry visa specifying the reasons of their stay (employment, self-employment, or family reunification ) and the receipt issued by Italian Post offices (Poste Italiane S.p.A.);
  • they do not transit through other Schengen countries, as this is not allowed.
The circular letter (pdf 35 Kb) of 27 June 2007 states that foreigners who have children under the age of 14 may request the Questura to issue a temporary residence permit with limited validity. This document will contain the personal details of the children who will then be allowed to leave Italy temporarily.

Residence permit

Residence permit

If you are a non-EU national and plan to come to Italy for a period exceeding three months, you must apply for a residence permit.If it is your first time in Italy, you have 8 days to apply for a residence permit.

To obtain the issue of a residence permit you need:
  • The application form;
  • Your valid passport or any other equivalent travel document bearing an entry visa, if required;
  • A photocopy of your passport or another valid travel document bearing an entry visa, if required;
  • 4 recent and identical passport-size photographs;
  • A €14.62 electronic revenue stamp;
  • Documents supporting your request for the type of residence permit you are applying for.
If you are already in Italy and your residence permit is close to its expiry date, you must apply for renewal at least:
  • 90 days before expiry date if your residence permit is valid for 2 years;
  • 60 days before expiry date if your residence permit is valid for 1 year;
  • 30 days before expiry date in all other cases.
The validity of your residence permit is the same as that indicated on your visa, i.e.:
  • Up to 6 months for seasonal work or up to 9 months for seasonal work in the specific sectors requiring this extension;
  • Up to 1 year if you are attending a duly documented course of study or a vocational training course;
  • Up to 2 years for self-employment, open-ended employment and family reunification.
If you are planning to come to Italy for short visits, business, tourism or study for a period not exceeding 3 months you are not required to apply for a residence permit.

Entering Italy

Entering Italy

Non-EU nationals who wish to enter Italy must:
  • enter through an official border crossing point;
  • hold a valid passport or equivalent travel document authorizing them to cross the border;
  • hold an entry or transit visa, if required;
  • not be listed in the Schengen Information System as an inadmissible person;
  • not be considered to be a threat to public order, national security, public health, or international relations;
  • have sufficient means of subsistence to cover their intended stay and return to their country (showing a return ticket is sufficient proof).
Foreigners seeking to enter Italy are subject to checks by border, customs, currency, and health authorities.Entry may be refused at the border, even if a valid entry or transit visa is held, if all of the above requirements are not met.Foreigners who stay in Italy for visits, business, tourism or study for periods not exceeding 3 months are not required to apply for a residence permit.

If foreign citizens have arrived from non-Schengen states, they should report their presence to the border authorities when entering Italy and the border authorities will put a uniform Schengen stamp on their travel documents.If foreign citizens have arrived from other Schengen states, they should report their presence to the local Questura (central police station in the province) filling out the relevant form within 8 days of their arrival in Italy.

For foreigners staying in a hotel, evidence of their presence is the registration form submitted to the hotel management and signed by the foreign guests on arrival. The hotel will provide a copy of this form to the foreign guest who can show it to police officers, if requested.

As from 8th August 2009 a new bill (Law no. 94 of 15 July 2009) makes it a crime to enter or stay in Italy illegally. Therefore, foreign nationals caught entering or staying in Italy without permission commit the offence of illegal immigration, which is punishable by a fine ranging from 5,000 to 10,000 euros, and they are brought before the Justice of the Peace (Giudice di Pace) and repatriated. Hence, the Questore, after having expelled or rejected the foreigner, informs the Justice of the peace who passes a non-suit decision.

Table for establishing the means of subsistence required for admission to Italy
(for business, medical treatment - and an accompanying person in this case - sports competition, or

for religious reasons, for study, transit, transport or tourism) by showing:
• liquid cash
• bank guarantees
• insurance policy guarantees or equivalent credit instruments
• vouchers for prepaid services or other documents demonstrating access to sources of income in Italy.

Length of stay One member Two or more members

1-5 days: overall fixed amount € 269.60 € 212.81

6-10 days: per person per day € 44.93 € 26.33

11-20 days: overall fixed amount € 51.64 € 25.82

Daily amount per person € 36.67 € 22.21

Above 20 days: fixed amount € 206.58 € 118.79

Daily amount per person € 27.89 € 17.04
29-03-2010