Important information for companies (IMMIGRATION 2012)

In order to qualify to apply for regularisation of their illegal immigrant workers, companies officially registered in Italy must have legal representatives who are either: Italian citizens, EU citizens or non-EU citizens who are holders of the EC long term residence permit (Carta di Soggiorno).
A company whose legal representative doesn’t belong to any of the above categories will not be allowed to regularise its workers.

If you are a non-EU citizen without the EC long term residence permit, but you own a company and would like to regularise your workers, then you must appoint a legal representative with the EC long term residence permit, or an Italian citizen, or an EU citizen.

The Chamber of Commerce must be notified telematically of the appointment of the company’s new legal representative within 30 days.

Please note that the legal representative doesn’t necessary have to own the company. He/she can just be a legal Human Resource Representative whose duties are limited to hiring and managing workers. And you are not obliged to pay such a person anything.

It’s important to have a legal representative who meets the requirements because this is the person who will officially sign the applications for regularisation of the company’s workers.

ITALY IMMIGRATION 2012 (Documents to prove presence in Italy)

In order to be regularised, an illegal immigrant worker must have been in Italy by 31st December 2011.
The immigrant will be required to prove it by showing documents issued by public authorities. Some of the documents one can use to prove presence in Italy by 31st December 2011 include: medical certificate from an hospital in case you were hospitalised or went to the Emergency Unit (Pronto Soccorso); a passport either issued or renewed by your Embassy in Italy; an expired Permit of Stay in case you previously had one but failed to renew it, a notarial act, etc.

ITALY IMMIGRATION 2012

The Inter-Ministerial Decree with details about regularisation of illegal immigrant workers in Italy is ready and will be published in the Official Gazette within days.

It confirms that applications will be submitted from 15th September 2012 by logging on to the website of Ministry of Home Affairs.
Applicants will have to indicate on the online application forms the personal data of the employer, the personal data of the worker, and details about the work contract.

The employer will self-certify that the worker has been working for them for at least three months. The employer will also have to self-certify their income.

The application fee of 1000 Euros will be paid using a special form called “F24 versamenti con elementi identificativi”. This form will soon be published on the websites of the Italian Revenue Agency (Agenzia delle Entrate); INPS and Ministry of Home Affairs.

The application fee will not be refunded if the application is rejected.

In order to apply for regularisation of a worker, the employer (physical person or firm) will have to prove that they have an annual income that’s not lower than 30,000 Euros.

A slightly lower income is required of those applying to regularise domestic workers. An employer who would like to regularise their domestic worker is required to have an annual income of 27,000 Euros. In a single income family, the employer is required to have an annual income of 20,000 Euros.

The required income of course increases depending on the number of workers to be regularised.

Both the employer and the worker will have to jointly self-certify that the worker has been paid the salary arrears of six months. The salary payable must not be less than the minimum salary provided by the applicable National Collective Agreement.

It will only be possible to submit the application for regularisation after proving that all the pending debts and social security contributions have been paid.

Further information will be available after the publication of the Inter-Ministerial Decree in the Official Gazette.