Sunday, October 17, 2010

Expelled, but with a false name. What risk?

I submitted the request for permission for a Moroccan citizen. OSS me 'was released, the employee is already in Italy and requested permission to stay to work. E 'was convened by the Police to give fingerprints, but is very worried because he told me he was expelled from Italy and had, on that occasion, issued a false name. What risk? Withdraw the residence permit?

The non-EU citizen, entered Italy with a visa for work, signing the contract to stay in front of the Immigration Office of Immigration, presented the request for the grant of a residence permit with the form submission (prepared by OSS) through the post offices.

The Administrative Service Center of the Italian, after processing your application, send it to the competent police investigation that began in calling the non-EU citizen for the relief finger prints and then, for the delivery of various documents.

It 'clear that if the alien has already given the fingerprints on that occasion and provided a false name, when they will again photo finger prints findings to the police station, that will emerge for the same fingerprint are two identities.

Given that the employer does not risk anything, the non-EU citizen has made so a real offense, because he made false declarations to the public officer incurring the crime of false statements about the identity or personal qualities of self or others, provided art. 496 of the Penal Code, punishable by imprisonment up to one year or a fine of up to € 516.

The situation becomes more serious if, beyond the general false, the non-EU citizen has also provided false documentation (eg passport). In this case also constitutes the crime of using false instrument (489 pc).

At this point you will get a criminal proceedings against the non-EU citizens which will follow a conviction or acquittal.

In both cases, however, to make clarifications.

Article. 5 of the first paragraph D. Decree Law 286/98 states that may reside in the State foreigners legally entered pursuant to art. Paragraph 3 or 4 that are not a threat to public order or national security; that have not been convicted of crimes provided by art. 380 paragraphs 1 and 2 of the Code of Criminal Procedure, or strictly provided for other offenses (eg, involving drugs, sexual freedom, the facilitation of illegal immigration, etc.).. Of all the offenses, including those mentioned in the Code of Criminal Procedure (eg, robbery, injury, theft) it does not cover the crime of false statements and using false note.

Therefore, a conviction in this regard does not constitute a barrier to refuse or revoke a residence permit for employment purposes.

The problem in reality is another.
The clearance work has been issued on the basis of conditions "false". The police would not have given a positive opinion the alien expelled the procedure for obtaining clearance by the Single Desk for Immigration. So the foreign national has never received an entry visa.

The police, when constate the previous deportation, in addition to proceeding to the criminal acts mentioned above, it probably will issue an order refusing to issue a residence permit for employment purposes. Not be ruled out even a deportation order on the consideration that a national extraUe entered with "deception" in Italy is as if he had escaped the border control, "since the word" escape "is not just escape controls, as in the case of those who enter illegally in the country, but also undermine the effectiveness of such controls, with the aim of preventing illegal entry, benefiting only half of apparently legitimate "(sec. Civil Cassation ruling 13864/01).

At this point you have to wait and see how the situation will evolve, and everything will depend on the police station. In the event that it issued the permit anything that. If, however, the police will issue a negative decision and simultaneously also a deportation order, then I may prevent it by normal means of appeal (appeal to the TAR and the justice of the peace).

Not infrequently the courts nullify administrative measures non-renewal of residence permits considering the prevailing facts such as the availability of a national ExtraUe adequate resources, suitable accommodation and a regular employment contract, rather than standards law. Finally, in this sense, we see the ruling that upheld an appeal by an Albanian citizen expelled but settled with the Bossi-Fini in 2002, noting "the legal employment, the employment of the same employer, and showing concrete and reliability integration "(TAR Emilia Romagna Judgement No 1524 of 04.22.2008).

Mr. Salvatore Mascia

How to come to Italy for tourism?

I have a friend that Africa would come to Italy this summer to meet me and to make a short tour. What should I do?

The arrival in Italy for tourism, which is governed by the Central Immigration and DM July 12, 2000, is allowed only if the citizen extra-Ue:

-Has a valid passport or other travel document

Has-entry visa (requirement not only mandatory in some cases, of which we will discuss later);

-Has not been reported for the purposes of refusing entry to a Schengen country (eg because an old deportation)

We must also have:
- Sufficient financial means to support themselves during their stay;
- The availability of housing;
- A health insurance policy with minimum coverage of EUR 30,000.00 for medical expenses;
- A round trip ticket.
  • Financial resources
the availability of funds can be established, the foreign national, on presentation of cash, bank guarantees, guaranty policies, the equivalent credit of securities of prepaid services or other documents demonstrating access to sources in Italy of income. The amount that must be provided varies depending on the time you want to stay in Italy. See table
  • Availability of housing.
It can be demonstrated through a hotel reservation or, as often happens, an invitation from an Italian citizen or foreigner residing in Italy. This should complete a "declaration of hospitality" to sign it and send it in original, along with a photocopy of the identity.
  • The visa
Once collected all the documentation extra-UE the citizen, usually by appointment, must go to the Italian diplomatic mission in the country of residence and apply for a visa by filling out the form valid for all states and enclosing a passport sized photograph.

The visa is at the discretion of the diplomatic missions so that they can refuse without any reason (in fact this type of visa is not issued frequently, especially in countries with high emigration rate). In case of positive evaluation, however, the visa is usually issued within 90 days from the date of application. The Authority, however, grant a visa over that period, which is an approximation.

Only for short stays (maximum 90 days) the law may provide that the foreigner, should not require an entry visa to enter Italy (and more generally in a Schengen State). There are cases, ie, where, thanks to international agreements or EU nationals of certain countries are exempted from the requirement to apply for a visa (eg Argentina, Brazil, Canada, etc.).. The visa waiver, however, does not exempt from the controls that border officials can do to make sure that those who enter Italy, although for reasons of tourism, is in possession of the conditions and documentation required,
  •  Once in Italy  
hose arriving in Italy directly from countries not party to the Schengen agreement will simply show their passports at the border and have it stamped by the police. That stamp will suffice to demonstrate that it has declared its presence in Italy as well as the law requires.

They should not even go to the police instead extraue citizens who entered Italy via the Schengen countries (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Luxembourg, Netherlands, Portugal, Spain, Sweden, Iceland and Norway) and staying in hotels, bed and breakfasts, campgrounds and other facilities that are required to keep records of their guests and to inform the police of the new arrivals. The ticket registration is compiled arrival will serve as a declaration of presence, it will be good to do with giving a copy to be shown during any inspection by the police.

The only ones to have to make a statement will be ad hoc non-EU nationals arrived in Italy through Schengen countries who may stay at home with friends or relatives. To comply, within eight days of arrival will need to go to the police station and fill out a form which brings data, passport number, duration of the visa and reasons for staying, and the address of their accommodation. A copy will remain the Police, the other stamped, will be held with him during his stay in Italy.

prescribes life imprisonment or imprisonment of not less than the minimum five years and a maximum of twenty years. Article. 380-2 paragraph, however, lists other offenses for which provision is made mandatory arrest in flagrante delicto, also militate against the entry and stay in the state. Among the most important case will include: - Devastation and looting; - Robbery and extortion; - Resisting a public officer; - False information to the public prosecutor; - Facilitation of personal or real; - Counterfeiting and counterfeit seals of public use [eg counterfeit mark attesting to the payment of road tax, car license plates forgery, counterfeiting emblem of the Italian Republic on the forms of identity cards]; - Violence or threats to public officials; - Bigamy; - Domestic violence, in or towards children: (murder / infanticide in terms of abandonment - - serious personal injury or permanent disability (unless fraudulent); - Abandonment of children or the disabled; - Enslavement; - Kidnapping; - Prostitution and child pornography; - Sexual violence; - Domestic violence; - Aggravated burglary (committed with violence against persons or of things, obviously armed or guilty); - Aggravated theft; - Serious fraud; - Wear; - Receiving stolen goods; - Recycling Only the final sentence for the offenses provided strictly by the rule of the Consolidated preclude the renewal of residence permit foreclosure resulting efficacy of stay in the State. Until the imposition of sentence, therefore, the non-EU citizen, for which there is an ongoing criminal proceedings, not to be feared that the police deny the renewal of residence permit. Faced with a simple complaint (or a pending criminal proceedings) refusal to renew a permit on the basis of a purely alleged social dangerousness, would be a violation of the limit established by law (Article 4, paragraph 3 Consolidated immigration). That provision, while it provides, as a consequence of the withdrawal of a residence permit valid or his non-renewal, against a final sentence, the other implicitly excludes those consequences can be when the prosecution has not ended, unless there are a number of unique circumstances that may justify a specific assessment of social dangerousness. In adopting a decision refusing renewal / revocation of residence permits, moreover, the law (Article 5, paragraph 5) provides that the police should take into account any "new evidence", to be assessed case by case basis, which however, it could allow the renewal (in very exceptional cases) (see above). In adopting the refusal to issue, revoke or refuse a residence permit the foreigner who has practiced family reunification or family reunited even the police must take into account the nature and effectiveness of the family relationship of the person concerned and the existence of family and social ties with his country of origin.

Article. 380-2 paragraph, however, lists other offenses for which provision is made mandatory arrest in flagrante delicto, also militate against the entry and stay in the state.

Among the most important case will include:

- Devastation and looting;
- Robbery and extortion;
- Resisting a public officer;
- False information to the public prosecutor;
- Facilitation of personal or real;
- Counterfeiting and counterfeit seals of public use [eg counterfeit mark attesting to the payment of road tax, car license plates forgery, counterfeiting emblem of the Italian Republic on the forms of identity cards];
- Violence or threats to public officials;
- Bigamy;
- Domestic violence, in or towards children: (murder / infanticide in terms of abandonment - - serious personal injury or permanent disability (unless fraudulent);
- Abandonment of children or the disabled;
- Enslavement;
- Kidnapping;
- Prostitution and child pornography;
- Sexual violence;
- Domestic violence;
- Aggravated burglary (committed with violence against     persons or of things, obviously armed or guilty);
- Aggravated theft;
- Serious fraud;
- Wear;
- Receiving stolen goods;
- Recycling

Only the final sentence for the offenses provided strictly by the rule of the Consolidated preclude the renewal of residence permit foreclosure resulting efficacy of stay in the State.

Until the imposition of sentence, therefore, the non-EU citizen, for which there is an ongoing criminal proceedings, not to be feared that the police deny the renewal of residence permit. Faced with a simple complaint (or a pending criminal proceedings) refusal to renew a permit on the basis of a purely alleged social dangerousness, would be a violation of the limit established by law (Article 4, paragraph 3 Consolidated immigration). That provision, while it provides, as a consequence of the withdrawal of a residence permit valid or his non-renewal, against a final sentence, the other implicitly excludes those consequences can be when the prosecution has not ended, unless there are a number of unique circumstances that may justify a specific assessment of social dangerousness.

In adopting a decision refusing renewal / revocation of residence permits, moreover, the law (Article 5, paragraph 5) provides that the police should take into account any "new evidence", to be assessed case by case basis, which however, it could allow the renewal (in very exceptional cases) (see above). In adopting the refusal to issue, revoke or refuse a residence permit the foreigner who has practiced family reunification or family reunited even the police must take into account the nature and effectiveness of the family relationship of the person concerned and the existence of family and social ties with his country of origin.

I am romanian woman, married with Moldovain, can i call him italy, and how ?

I am a Romanian citizen married with a Moldovan citizen who is currently in his country. In a week I reach for the holidays, but then I would take it in Italy. Can I make her come with me directly or do I apply for family reunification to the Single Desk for Immigration?

The reunification procedure before the Immigration Office for Immigration is only directed to non-EU citizens regularly residing in Italy to be reunited with other non-EU citizens.

The reunion between the EU citizen resident in Italy and a family extra-UE (as a citizen of Moldova) is instead governed by Legislative Decree No 30 of 2007, laying down a lot faster for the following family members:

- The spouse;
- The children of citizens or of the spouse under the age of 21 or dependents;
- Dependent direct ascendants of the EU citizen or spouse (or partner).

To enter Italy with his family Community extra-UE the family simply needs a passport and a visa for Italy (unless your country does not have agreements with Italy providing for exemption from seen), which must be issued free of charge and with priority.

In particular, a wife who wants Moldova to enter Italy with her husband Romania must go to the Italian Consulate in Bucharest (in Moldova is yet to be established) and apply for a visa, the following documents:

 
-Passport with minimum validity of one year and 4 months and photocopies of all pages;
-Photocopy of identity card of a visa applicant;

-A recent photo to be attached to the visa application form to be completed fully and correctly in block letters and signed by the applicant for a visa;

Family-reunification declaration made by the Italian national / EU resident in Italy (form available free of charge at the Visa Office) enclosing a photocopy of an identity document of the same;
-Photocopy of identity card of an EU citizen resident in Italy and a photocopy of the certificate of birth registration issued by the Office of the Municipality of residence;
-Certificate of change of first name / last name in original, issued by the Department of Information Technology annotated by the Ministry of Justice of the Republic of Moldova;

-Act of civil status stating that the family relationship with the Italian national / EU: husband and wife for marriage certificate


Mr. Salvatore Mascia

Visa denied, what can I do?

I am an Pakistani citizen legally residing in Italy. My mother wants to visit me and asked for a tourist visa at the Italian Consulate in him but he refused, without giving any reason. What can I do?

The arrival in Italy, even with all legal requirements, not an acquired right of non-EU citizens resident abroad. To enter Italy, in fact, a national extra-UE must request an entry to the Italian Consulate in your country (except in exceptional cases short inputs for citizens of some States for tourism or business shall not require a visa).

Where there are no legal conditions the visa application is rejected by the consulate issuing a refusal in written language understandable to foreigners, or failing that, in English, French, Spanish or Arabic.

If the request for issuing the visa has not been submitted for employment purposes, for medical care or family reunification, a decision refusing, for reasons of public order or security reasons, should not be justified (Article 4 paragraph 2 of Consolidated immigration).

The forecast for certain limited purposes (public policy or security reasons), the possibility of derogating from the general obligation to provide reasons for any refusal adopted by the Public Administration, has led many Italian Consulates abroad, deny visas for tourism without real reasons, but only to avoid the risk that citizens extraUe from states with high emigration rates remain in the Italian territory beyond the duration of the visa. Sometimes, even the decision refusing are not even put in writing, but they are only verbal.

Understanding that the consular office is required by law to issue a written refusal, it is also true that this measure can not be arbitrary but must be supported by valid reasons.

A clarification to this effect has recently arrived from Lazio Regional Administrative Court concerning the refusal of the Chinese Consulate with a request to issue a tourist visa by a Chinese town which had been refused a visa, although he had submitted all the documents required by law. TAR of Lazio, in fact, allowed the appeal stating that only in cases where the visa can be legitimately denied (ie there is a concrete reason for it), the refusal of a visa can not be justified. Shall be without prejudice, in case of appeal, the court's power to check the legality of a refusal, and the Consulate can not escape the obligation to provide explanations.
  • As opposed
Against a refusal to issue an entry visa for tourism use is permitted only to the Administrative Court of Latium within 60 days of notification of the measure.

Only those who submitted the visa application is entitled to make the action and, being resident abroad in Italy will have to choose a lawyer to assist him in presenting the application and in subsequent stages of the proceedings. For this to make a "special power of attorney" indicating an attorney who will represent him in court in Italy.

Such authorization may be requested in person Notarial Office of the Italian Consulate by presenting proof of identity and personal data of the lawyer and the address of the study and reference data of the case (trial court and the type of case).

Jobs in Italy, as to subscribe to your health?

I am a foreign national with a residence permit for work. For health problems I have to do the investigation but are not entered in the National Health Service. How can I do?

July 2, 2008 - The National Health Service provides health care to all citizens (Italians and foreigners), ensuring in particular, general outpatient care, hospital, and pediatric home care. To qualify for these benefits you must be registered with the National Health and be in possession of the health card. There are two types of membership: the compulsory and voluntary.

Non-EU nationals holding (or waiting for the renewal) of a residence permit for the following reasons:

-Employment
-Self-employment
-Family reasons.
-Asylum (under the Geneva Convention).
-Humanitarian reasons.
-Asylum seekers (under the Geneva Convention).
-Waiting for adoption
-Waiting-for expectations
-Waiting-for acquisition of citizenship.

Must necessarily subscribe to the NHS but membership is free.

Citizens extra UE hold a residence permit that is not among those mentioned above and which still has a long duration may voluntarily enroll in the NHS but in this case are required to pay a fixed contribution.

The holders of short-term (eg for tourism), but can not register with the SSN, so they must pay the full benefits unless they are in possession of health insurance.

WARNING: Foreigners who do not comply with the rules on entry and residence can not enroll in the NHS, but they have the right to health care, urgent and essential, even if ongoing, illness and injury in accredited facilities (public and private) . The medical and paramedical personnel may not report these patients to the authorities, unless the report is required (eg gunshot wound).

  • How to register,
Registration for the National Health Service is required at the local office of the ASL the municipality of residence or stay.

Documents needed for registration:

Self-residence, or in a declaration of an actual residence as stated on the residence permit;

-Residence permit or a valid request for renewal of the same; Or auto-tax code;
-Statement in which we will communicate any changes in their personal qualities;
-If you are unemployed, too self-certification of registration with employment offices.

Health care to family members living with extraUe citizen who applied for registration, provided they paid and they are shown regularly in Italy.In these cases for their inclusion should be submitted to ASL self-certification of family status and stating that the condition of dependent family member.

Registration ends when the permit was not renewed or if it has been revoked or canceled, or even in the case of expulsion. In these cases, you can still benefit even if there is only registering the application and performs the ASL documentation.

  • Health cards.
Those registered with the National Health Service (NHS) is issued a health card. This document is personal and for access to care (eg, medical examinations, testing, hospital admissions). At the time of the person chooses the family doctor (or pediatrician), whose name is printed on the health card. For foreigners the health card has the same duration as the residence permit.

  • Specialized outpatient care,
Secondary care includes outpatient visits, x-rays, laboratory tests and other services that are provided by appointment.

To obtain a booking is required the request of the family doctor. This request is not necessary for the following specialist visits: dentistry, obstetrics, pediatrics, psychiatry, and for access to the clinic of ophthalmology, limited to the measurement of vision.It is expected to pay a ticket before you can enjoy performance.

I will be 18 years, what happens to my permit?

I am a Pakistani citizen, I'm seventeen and a residence permit for family reasons, which they released me when I joined my father in Italy. When I become an adult in a few months, what will happen? Can I renew my permit?

July 7, 2008 - The condition of the foreign children in Italy is subject to special forms of protection and conservation inspired by respect for universally recognized fundamental rights independent of the nationality of the child and considered inviolable.

There are, in this sense, several laws to regulate the condition and to ensure respect for these rights regardless of the legally resident in Italian territory, that delineate a particular status:

-The New York Convention on the Rights of the Child of 1989, implemented in Italy by Law 27 / 05 / 1991 No 176 provides that all actions concerning children the responsibility of the administrative, legislative or judicial, must take into account the inviolable and overriding the best interests of the child;

- Legislative Legislative Decree 286 / 98 T.U. Immigration (Articles. 31, 32, 33;
 -Other ordinary laws regarding guardianship, adoption child custody (L. 184/83);

First, the foreign child illegally present on Italian territory can not be expelled by the competent authorities and should be issued at a residence permit (unless the child in his sole interest is to follow the parent subject to a deportation order or be repatriated as a result of a measure ordered by the court).

If the parent is legally residing in Italy, the minor child follows the legal status of parent to live with, so has the right to issue a residence permit for family reasons (or residence permit for EC long-term residents, if the parent is in possession of the latter).

The youngest son living with the parent up to fourteen years has the right to issue a supplementary card, the cd. Less paper, which is valid only if performed together with that of the parent (it has the same number and expiration date).

Fourteen years after the child is issued a residence permit for family reasons electronic (ie residence permit for EC long-term residents) is valid up to 18 years upon the completion of which can be converted, if the conditions are, in a permission to study, research work, paid employment, for health care (Article 32 paragraph 1 of you immigration).

This provision has caused, in practice, many practical problems: the Police, a narrow interpretation, in my opinion, the law did not allow the renewal of residence permit for family reasons exceeded the age of majority but "forced" to his conversion, although not had changed the conditions that led to the initial issuance of such permit.

For teens who do not continue their education or did not have a job, and therefore could not convert a family's permission to study or work, was often granted a permit for research work, which lasts just six months. After this permission, the boys who could not find work were forced to return to the country of origin, even after being practically grown up in Italy.

Following several rulings of the Supreme Court of Tar and finally came the clarification from the Home Office interpretation of the rule on conversion (Directive Minister of the Interior March 28, 2008).

Currently at the age of majority, the child is entitled to the renewal of residence permit for family reasons for the same time period as long as they are the parent and the conditions of income and accommodation provided for family reunification. The parent must, that is, being in possession of suitable accommodation certificate from the Municipality or the local health authorities, and a reasonable income in proportion to the number of people living in the state and members of the family (eg twice the welfare payments for three people ).

Housework (Domestico): how to calculate the holidays?

I am an employer, my maid of indiana wants to go on vacation. What are your rights? There is specific legislation for domestic workers?

July 10, 2008 - Domestic workers, like the other employees are entitled to enjoy paid annual leave to get psycho-physical energy expenditure during work. It is an inalienable right recognized by the Italian Constitution to all employees, any agreement between the employer and the employee face to the surrender of leave is therefore void.

Collective agreements on working-class household determine the duration of the leave on the effective period of service. Entitlement to leave accrues during the probationary period.

The minimum duration of annual leave as working household is as follows:part-time workers with seniority up to 5 years are entitled to 15 vacation days;those with seniority of service over five years are entitled to 20 vacation days;

Full service workers or partners are entitled to 26 days of leave, regardless of the length of working time;hourly workers are entitled to 8 days of leave.

If the duration of employment is less than a year, the worker is entitled to one-twelfth of the holiday period as there are months of actual service (the villages of 15 days are treated as full month). The employer, consistent with their needs and those of the worker determines the period in which you can take advantage of accrued vacation, usually between June and September, is expected, however, the possibility that the parties agree otherwise.

The holidays should be enjoyed throughout the year and can not be split into more than 2 periods. However, foreign workers who need to enjoy a longer period of leave to return to their country of origin may, with the consent of the employer, combine the holiday of two years, meaning that they can skip the holiday of the year course is added to that of the following year in order to obtain a total period of 52 continuous days of rest.

The days of leave accrued and not taken is not lost but can be moved to a different date to be agreed with the employer. Only in exceptional cases specified by law, leave may be reimbursed by an allowance representing, for example, when the employment relationship ends, in which case the employer must pay compensation for leave not taken.

Holidays are automatically suspended during the holidays and during illness or injury; When these begin to run again for the set time.

During the absence from work due to leave the worker is entitled to the same salary that would be payable if he had provided his services. In particular, the employee is paid on a monthly basis it is, for each day of vacation, 1 / 26 of monthly salary, including any allowances for room and board if the employee is unmarried.

Example: If the employee has a salary of 600 euro per month, we must divide it by 26. So € 600/26. The daily wage shall be equal to € 23.08. If you partner, this amount should be added to the conventional value of the compensation board and lodging, which for 2008 amounts to € 4.773. So € 23.08 = € 4.773 € 27.853.

In the case of workers paid by the hour, to get the number of hours equal to one day of leave is necessary to refer to the number of hours in the preceding month and divide it by 26. This amount should be multiplied by the hourly rate agreed upon for the determination of pay for each day of leave.

Example: If the employee works 12 hours per week worked in the previous month and a total of 52 hours, the equivalent number of hours for each day of leave is obtained by dividing the number of hours worked (52) for 26, ie 2. If we consider an hourly wage of € 8.66, we can calculate that each day of leave must be paid with € 8.66 x 2 = € 17.32. It then multiplies the hourly wage by the number of hours leave.

During the period of leave the employer is also required to pay contributions, in the usual way.

In the event of termination of employment (only if the employee can not take advantage of days off before the end of the report) should be paid to the worker compensation for leave not taken replacement for the days of leave until accrued at that time. The daily allowance is equal to the salary of one day of leave. Even when the employment ceases during the year due to resignation or dismissal, the employee is entitled to one-twelfth of the holiday period as there are months of actual service provided.

I have a permit to study, I can change right?

I am an Pakistani citizen with a permit for study purposes. I am writing to Law, but I'm thinking of upgrading to business and economics. Can I do this? After the change, I can renew my permit?

July 17, 2008 - Until recently, before the entry into force of Legislative decree No. 154 of 10 August 2007, the residence permit for study Purposes Was Not Renewed beyond three years of the term "legal" of course. The permit Was Closely connected and linked to the continuation of the course Indicated at the time of first entry.

The decree Said That has changed the rules on entry and residence on Immigration TU of students, Provides, However, The Possibility to renew the residence permit for study even if the owner has Enrolled in a degree program for Which Other than that, he HAD the Obtained entry visa.

The Interior Ministry has clarified Also (urgent telegram of February 21, 2007) What are the cases Where It Is Possible to Obtain renewal of residence permit for study purposes. In detail:

• continuing studies at a different course in the university examination, examination or in a different course at Another University

• Further study after Achieving a degree, with course registration To Another In The Same Or Another university. So Those who subscribe to a new course after graduation in May Obtain renewal without HAVING to return to His country to Obtain a new visa.

In All These cases, the renewal of residence permit, students must show, Among other documents, certification as evidence of the shift to Another course of study at least thirty days before the expiry of the permit.

It 'important to point out That the Possibility of passing a course of study other Than That for Which It Was the visa issued is expected to be the only university courses to the exclusion, then, crossing private courses.

Remain Unchanged But The Conditions under Which the student, to preserve Their right to stay to study, to successfully support at least two examinations per year and May renew the permit for a period not exceeding three years beyond the duration of the course for the faculty Provided (4 or 5 years 3), after Which if he has not finished His studies, he will lose the Possibility of renewal.

Mr. Salvatore Mascia

Flow (Flussi). Now it's cleared (Nulla Osta), now what I have to do?

I am an employer, I applied for the flow (Flussi) and finally I reached the meeting for the withdrawal of the authorization. What are the next steps for the worker to arrive in Italy?

One-stop immigration, exhausted the investigation completed, the employer calls for delivery of clearance and entering into a contract to stay. At that time the employer must go personally carrying two stamps from 14.62 (one is indicated at the time the electronic application),
-a copy of the worker's passport,
-copy of identity document,
-request / certificate of housing.

If the employer is unable to travel to the headquarters of one-stop shop for the withdrawal of the authorization is the possibility to delegate another person. However, it is necessary to distinguish:

- If he is cleared to work in the home just a simple proxy, provided it is accompanied by a copy of a valid identity document, if the counter goes to a relative of the employer within the first degree (spouse, child, parent);
- If there is no impediment to employment is a necessary power of attorney.

In both cases, the proxy / power of attorney should be expressly stated that the delegate is entitled to the withdrawal of clearance and the signing of the contract to stay for work. It should be borne in mind that each one-stop shop can provide a different practice and we recommend that, where appropriate, inquire beforehand.

  •         Sending Clearance (Nulla Osta).

Once collected the original clearance (and signed a contract to stay), the employer must make a copy and send the original to the employee in the foreign country of residence, this will have to go to the Italian Consulate to submit the request for visa input to work.

Please note that if the worker has to enter Italy is Filipino or Thai, the employer, before sending the clearance abroad, must provide a sort of "certification".

Philippine law requires, in fact, that the clearance of the Philippines Consulate in Italy to affix the stamp of the POE, namely the Philippine Labor Office. Without this stamp, to be requested directly at the Consulate, the employee will get the visa by the Italian but the border authorities of the Philippines will deny exit.

Thailand, however, has made the issue more complicated. A recent ministerial provision stated that the citizen has to enter Italy with a work visa, must submit to the local border authorities, the contract of "pre-employment", signed by the employer in Italy and legalized by the Thai Consulate.


In these cases, the employer must then go to the consulate that the legalization of the employment contract and clearance issued by the OSS. The problem arises only when the door fails to deliver a copy of the contract signed with the employer (even here there are several practices) then in these cases or trying to at least have a "certified copy" directly from the ATM, or you prepare a contract work with the same conditions as described in the application, which can represent a commitment by the employer hiring the employee.


  •  Entry into Italy.
After obtaining an entry visa for work the worker is entitled to enter Italy, and within 8 days mandatory, must go to the One Stop Shop for immigration to sign the contract of residence and request the issuance of the permit.

Warning: If the employer at the time of withdrawal of authorization, did not request the certificate or the suitability housing, employment must deliver it here, otherwise the OSS can not proceed to contract signature and improvement of practice.

The official one-stop shop delivery to the postal worker kit has already been completed for submission to a post office and authorized book an appointment at the police headquarters for the relief of finger prints, in order to obtain a residence permit.

The worker must then go personally and with a valid identity document in a post office enabled ("ATM friend") and send the envelope and forms prepared by the OSS, however, attach a copy: work contract, clearance, passport worker, document identity of the employer and the tax code, or request the certificate of accommodation. They must pay a € 27.50 per sheet to print the permit, € 30.00 for the cost of handling the matter and bring a revenue stamp of € 14.62.

The Post Office issues a "special" postal receipt which is the only valid way to stay in the Italian territory until the release of the final permit, with safety requirements and which contains the access codes (Code and Code of Insured Hologram ) to the 'reserved area www.portaleimmigrazione.it to know the progress of the case.

  • Recruitment,
Only then the employer may proceed with the formal assumption of the worker making the communication, at least one day before the start of employment, by using IT systems and using only the model UNILAV the Employment Centre. If it comes to housework, you can also send the unified model by other means (fax, registered letter, hand delivered, internet).

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

I look forward to the renewal. Can I go on holiday in a Schengen country?

I am a Pakistani citizen, I received the renewal of residence permit and would like to go on holiday in Germany. Can I do this?

Non-EU citizens who are waiting for renewal of residence permit shall have full rights in respect of the residence in our country, on equal terms with foreigners in possession of a residence permit, but the same guarantees may not apply outside the country.

Only extraue citizen, holding a residence permit valid, by virtue of Community provisions, may freely travel in the countries of the Schengen area and stay there for a short holiday. The Schengen Agreements, in fact, provide for the removal of internal and external borders for citizens of countries party to the Convention and the third-country nationals legally residing in those states. The residence permit in passport issued by a country that adheres to the Schengen agreement, therefore, allows you to travel and reside in these States for a maximum period of three months.

The countries which fully apply the Schengen Agreement are: Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, czech Republic, Slovakia, Slovenia , Spain, Sweden and Hungary, as well as Iceland and Norway (though non-EU).

Warning: Ireland, United Kingdom, Cyprus, Bulgaria and Romania (EU countries) are not part of the Schengen area.

Who is waiting for the renewal of residence permit

Non-EU citizens in Italy pending the renewal of residence permit, however, may leave the Italian territory only to reach their country of origin.

Thanks to a recent ministerial circular (Circular of the Ministry of Interior of 28 July 2008) they are allowed to transit through the Schengen countries (ie, the interim step on the journey back home and do not stay, though short) to return to their country.

This facility, which is valid from 1 August 2008 to January 31, 2009, is granted only to foreign nationals in possession at the time of transit,

- Italian mail confirming receipt of the submission of the
  request for renewal of residence permit
- A valid passport or equivalent travel document,
- Residence permit expired.

Who is waiting for the first issue of residence permit

Facilitating the transit countries to Schengen does not extend to foreign nationals who are in possession of the receipt of the Italian post office on the first request for the grant of a residence permit for employment, self-employment (Decree flows) or for family reunification for which remain existing restrictions.

Consequently, they can not travel - holiday - one of the Schengen countries, but will only return to their home country and then return to Italy, provided that:
- Exit and return to Italy to take place through the same border crossing;

- The trip does not include transit through other Schengen countries;
- Produce a passport or equivalent travel document, together with the entry visa (even if expired) stating the reason for the stay and the receipt issued by the post office, which will be stamped by the border police.
·       
Exceptional cases

However, if a citizen extraue have to travel to a Schengen State and delayed due to valid reasons, may:

- Request Police Department issued a temporary residence permit paper, documenting the urgency and necessity of their travel, as required by urgent telegram from the Ministry of the Interior dated December 7, 2006.
- Consult the diplomatic missions, in Italy, the country where he should go, ask for a special visa, even if such representations often deny in its sole discretion.

Obviously, the above provisions do not apply to the movement in other European countries (which do not adhere to the Schengen Treaty) and for travel outside Europe.
Those who want to go on holiday to European countries (non-Schengen) countries or extraUE, or to return home, have to transit in one of these countries should contact the consular diplomatic missions in Italy, for information.

I went home, INPS will return me the contributions?

I am a non-EU citizen, I have worked for many years in Italy as an employee, but in a few months I return to my country for good. What happens to the contributions that I paid to INPS? Will I be back?

Rome - July 2, 2010 - No, you will not be returned.

For non-EU citizens who work legally in Italy as employees are paid by the employer, the so-called "contributions", through which they are recognized their pension benefits. When they stop working, if they have all the requirements prescribed by law, are entitled to pensions paid by INPS.

In case the employee decides instead to return to his country of origin when has not yet acquired the right to a pension, may apply for recognition in his country of contributions already paid in Italy (that is, can rely on them there too) if there is a international agreement between Italy and your country of origin. In this case, the pension will be paid in his country under its national legislation.

Those who return to their country retains all rights accrued pension and social security, but can not ask that it be returned to INPS contributions paid in Italy. Only at the age of sixty-five years of age, notwithstanding the expected minimum contribution requirement for retirement (at least 5 years of contributions) will have a pension from Italy. This regardless of whether there are agreements between Italy and your country.

On reaching the age of sixty-five years you will then submit an application to INPS and your pension will be paid each month (only the pensions of less than a limit set by law are paid every six months) as it does for pensioners in Italy.

I make the domestic worker, I can request an advance payment of severant pay?

I am a domestic worker with a valid residence permit for employment, work more than ten years, to marry my daughter, I need money, I can ask for an advance on the settlement?

Roma - July 6, 2010 - Yes, you can ask for a preview. Employers can anticipate, at the request of the worker and for not more than once a year, leaving indemnity (TFR) to a maximum of 70% of the aged. If there are more than one job, the worker can ask each employer its share of severance pay.

The sum result of a calculated for each year of work is set aside a share of 13.5 is obtained by dividing the total wages earned in the year, including a Thirteenth and possibly compensation in lieu of room and board.

It is a sum that is set aside each year and then must be revalued at 31 December each year, according to a coefficient equal to 75% of the consumer price index for families of workers and employees found Istat plus a fixed 's 1.5%.

Your employer must pay as a payment to 70% of the accrued severance pay until you ask the anticipation, in which case the revaluation coefficient is applied on the entire amount allocated to the month when paid ' anticipation. For the rest of the coefficient Istat apply, however, only on the amount (net of advances) that is available to the employer.

You better ask the advance by submitting a letter to your employer and when the TFR will be paid should you get a receipt which contains the essential elements of the payment, specifying that the calculation was made according to the rules category under the collective agreement.
 
Recall that the severance pay for workers it is always the time of termination of the employment relationship, is a kind of settlement in relation to the work done at the employer.

I have a permit for family reasons but I separated from my spouse, what do I do?

I am married to a Pakistan citizen, I have a permit for family reasons. Work, are separated and no longer live with my husband. We would like to legally separate, what should we do? And what will my permission?

Rome, July 9, 2010 - First you have legally separated: Italian law provides for legal separation, that which produces effects that affect personal and property relations existing between the spouses.

In your case, even if you separate fact (not live together anymore), you must initiate a proceeding for legal separation. You'll need to force the matter to court and bring an action before the court of the place of residence.

There are two types of separation: the consensual and the litigation. The difference is the existence or absence of an agreement between the spouses: the former spouses agree to separate, in the case of one or two does not want to separate or fail to reach an agreement.

In any case we must refer the matter to court, with the separation by mutual consent the couple deposited the application and must appear in person before the court on the day of convocation. The judge will attempt a reconciliation.

In the case where the spouses do not agree (even if only one spouse), you can ask the judicial separation.

The first hearing of the proceedings requires the personal appearance of the spouses before the presiding judge and is in the same way the separation agreement.

Specific features of judicial separation is the possibility of separation from debit one of the spouses. It is possible that one of the spouses expressly requests the Court to declare the other spouse as the sole responsible for the failure of marriage.

With the procedure of separation by mutual consent after submission of the application will be called by Presiding Judge: It will set a hearing at which you must appear in person and you will be asked if you still want to separate. If reconciliation fails, the process continues with the approval. The approval is control over the compliance and compatibility of the separation agreements and the law gives full effect to the separation agreements.

The past three years can apply for divorce that allows the dissolution and termination of the civil effects of marriage.

As for your permission to keep in mind that if at the time of renewal there is no longer living with your husband, permission will be withdrawn because you do not have most of the requirements for which the permit was issued to you.

But in your case, since it already works, you should convert your permission: you have to ask now that the conversion of your residence permit for family reasons on business.

In this way you will receive a new residence permit for employment purposes.

After the regulation, I can change jobs?

I have been regulated as domestic workers with amnesty in September. Now I found a new job as a clerk: Can I change jobs? How do I do?

Rome - July 20, 2010 - Yes you can, when you receive your residence permit for employment no longer have ties with your employer.

By law, a residence permit for work permits issued to the domestic worker to perform any type of work is subject, as in your case, that type of self. If you are operating independently, must request the conversion of the permit at the time of renewal.

Your new employer must make the provision of recruitment to the Centre for Employment and must be sent by registered mail with return receipt requested the stay contract (model Q) to the Single Desk for Immigration of the province where the turns' work on an alternative, including that of: Province of residence of the employer or the registered office of the province.

 L 'form submission must be made within 5 days from establishing the employment relationship.

The form must be completed in its entirety in a precise manner. You will be asked for information on the new work you are going to play like that type of collective agreement will apply to you (you can find the form and types of contracts at this address:http://www.lavoro.gov.it/Lavoro/md/AreaSociale/Immigration/modellicontrattisoggiorno.htm).

 On the postcard return receipt shall be given, is the name of the employer to the employee and address of the employer.

Do you remember when to renew your residence permit you through the postal kit indicate the new employer and you must also indicate the new contract terms. Also, to avoid any delays in the procedure, you may wish to include in the kit all the documentation with respect to employment, housing, and a copy of the new contract to stay subscribed.