Employee Regularization Norms 2020

How to get a residence permit through employment

1) I’m working “under the table” as a builder, can I get a (regularization) contract?
Unfortunately, no. In fact, only agricultural labourers, domestic workers and caregivers can obtain a regularization contract.
As we’ve already denounced many times in the past, along with several other associations, this is an unfair norm that excludes and complicates the lives of many of our brothers and sisters.
We cannot expect anything good from state governments, and this fact is made even clearer by one of the most serious health emergencies that has affected the whole world. Individualism, closure and racism have taken over instead of the focus being on protecting lives and improving them.

2) I’m an asylum seeker. I’ve appealed, but the judge still hasn’t answered. I’m working as an agricultural labourer right now, can I get regularization? Does this mean that I have to give up my appeal?
This is another unfair aspect of this law. The security decree put in place by the fascist Salvini – which the current government has no intention of abolishing – has cancelled all residence permits on humanitarian grounds. That means that even this slight possibility to receive a permit has been taken away from thousands of immigrants, forcing them to appeal to tribunals to receive justice, which is a process that requires a long time and with no certain results.
The law on regularization doesn’t put an end this injustice. In fact, regularization is meant for those who do not have a residence permit, though it is also true that asylum seekers are given a temporary permit while waiting for confirmation of their asylum request. Therefore, if the legal requirements are met, it’s a good idea to present a request for regularization.
It is likely that the police headquarters (Questure) force a choice between the two procedures. Another unfair imposition, because the conditionss to receive international protection are different from those necessary for regularization. So if there are valid reasons to obtain international protection, it’s not fair to be forced to give up this appeal. In fact, this residence permit offers decidedly more protection and guarantees and the principle that people should receive the residence permit that offers them more safeguards should be applied by governments.
The advice offered is to wait for the decision of the judge and, in the meantime, present a request for regularization.
3) I have a permit for long-term residents (previously called a residence card/carta di soggiorno), can I obtain regularization for someone as a domestic worker?
Yes. Not only italian and EU citizens, residing in Italy, but also foreigners with a permit for long-term residents can present an application for the regularization of a worker. And, like all employers who want to apply this norm, they must be able to demonstrate an annual taxable income over 20.000€ in the case of family units composed of a single persone, or over 27.000€ in the case of family units composed of several people living together.

4) What type of contract do I have to sign for a residence permit for work?
The job contract (valid only for agricultural labourers, domestic workers and caregivers) has to be full-time and can be either a temporary or permanent contract. Only houseworker contracts can be part-time and the paycheck must not be inferior to the minimum foreseen by social allowance (around 460€ per month).

5) The person I’m taking care of at their residence could regularize my employment. Besides the documents referring to the job, I read that I have to prove that I’ve been in Italy since before the 8th of March 2020. How can I do that?
There are 3 possible ways:
Before the 8th of March 2020, you have to
a) have been registered in a mugshot
b) have presented a declaration of presence in the case of short-term stays (visits, business, tourism or studies)
c) have a document released by an public or private organization that performs a public function or service, for example: a medical certificate, a transit pass (bus or train cards), a phone card, documents from reception centers (centri di accoglienza), religious centres or issued by the police (e.g. police statements and disputes).

6) Where and how do I present my request for regularization?
The employer must register on this site: http://nullaostalavoro.dlci.interno.it.
and follow the instructions to fill in the form and send the application. This is the only way to present the request, it cannot be sent by mail or handed in at police headquarters. It is important to print the transmission receipt.
The Prefecture, starting from the 8th of June 2020, following the order of the arrival of the applications, verifies that everything is in order (in collaboration with the police headquarters and the labour inspectorate) and comunicates the date when you must go to the “Sportello Unico della Prefettura” to sign the residence contract.
About the temporary residence permit

7) I’ve worked as an agricultural labourer in the past. My residence permit expired on the 10th of October 2019 and I haven’t been able to renew it yet. Can I get regularization?
If you’re not currently working, but are able to prove that you have worked as an agricultural labourer (the same applies to domestic workers and caregives), you can make a request and obtain a temporary residence valid for 6 months. But to obtain it, the law – with an unfair criteria, meant only to limit the possibility to receive regularization – requires you to be in possession of a residence permit valid before the 31st of October 2019 and which you haven’t been able to renew anymore.

8) Can the temporary (6 month) residence permit be extended?
No. The temporary residence permit is valid for 6 months and cannot be extended for any reason, nor renewed. If you are able to find work as an agricultural labourer/domestic worker/caregiven during the period of its validity, it is possible to convert this temporary permit into a residence permit for work.

9) Among the documents necessary to apply for the temporary residence permit, do I also have to present a copy of my passport?
Yes. Along with the other documents required – personal (residence certifcate, fiscale code, expired residence permit) and work-related (proof that you were working before the 31st of October in one of the 3 sectors included in the norm) – you must present a copy of your passport or any other equivalent document (e.g. travel documents). A certificate of identity issued by the diplomatic representation of your home country might be accepted instead of a passport copy.
Because it takes a long time for embassies or consolates to answer, it is advisable to ask for this certificate as soon as possible. However, it is useful to know that if it’s not possible to obtain the certificate before the 15th of August (the deadline for regularization), an expired residence permit and your passport or other ID documents can be presented on the same day you are called by the police headquarters to receive your permit.

10) I worked “under the table” for 2 years as a domestic worker, but more than 5 years ago. How can I prove my past employment?
There are no limits on how long ago you were employed in one of the 3 sectors foreseen by this norm.
But it is difficult to prove employment “under the table.”
The Labour Inspectorate could do some checks or the person could present the police headquarters with documentation (e.g. a previous charge made in the past to the Labour Inspectorate), but these possibilities are unlikely.
The regularization process should bring to light situations of illegal employment, so the law should facilitate the possibility for people to get out of these unfair work conditions as much as possible.
This shows once more that the lives of individual people don’t matter to state governments.

11) My residence permit expired after the 31st of October 2020. However, I’ve already requested a renewal. Is it possible for me to apply for a temporary residence permit anyway?
To meet regularization requirements, the residence permit must have expired before the 31st of October 2020, and it must not have been renewed or converted.
The point, however, is that those who have requested a renewal are still waiting for a decision about their residence permit from the Police Headquarters. Therefore it is probable that the Police Headquarters will interpret the requirement restrictively and might not accept the request for regularization or, at most, expect you to wait for an answer to the renewal request or conversion of the residence permit.
In this case of uncertain application of the law, it is recommended to request regularization, especially for those who have reason to believe that their renewal request or conversion might not be accepted.

12) How much does it cost to request a temporary (6 month) residence permit?
When you present the request, you must also present the receipt of the payment of 130,00€, along with the stamp (marca da bollo) that costs 16,00€ plus 30,00€ for the service (Poste Italiane – kit dedicato).

13) Where can I request my temporary residence permit?
The request must be presented to the police headquarters of the province where you live, esclusively through the postal services dedicated to these requests. You must send the postal kit containing the necessary documents required by law for the regularization process. It is important to remember that the post office employee who receives your kit must give you a letter containing the appointment with the police headquarters for an identifying photo and the sending receipt. This document must be conserved carefully, because it is the only document that allows a residence and avoids problems with the police in case you are stopped.

About both regularization procedures

14) Let’s say I obtain a temporary residence permit and find a job in one of the sectors stipulated in the normative. If I loss my job before the end of those 6 months and am unable to find another job, what are my options to stay in Italy legally?
When a job contract ends – whether it is a job based on which the employer has agreed to request regularization or a job that a foreign citizen finds after obtaining a temporary residence permit – it is your right to sign up with the local unemployment agency and look for other work. It is therefore possible to request a residence permit in anticipation of employment, valid up to a year (art. 22. c.11 T.U. immigrazione) and if a job is found before it expires, it is possible to ask for it to be converted into a residence permit for employment reasons.

15) I received an expulsion paper a few months ago, but I’m working as a caregiver, because in my country, I was a nurse. Is this a problem for the regularization process?
No, a simple expulsion paper doesn’t block the regularization process. Only expulsion ordered by the Ministry of the Interior, for reasons of public order and security, or expulsion ordered by the Prefect, in the case of repeated offence or serious crime (e.g. drug dealing, theft, homocide), blocks the process.
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RIFERIMENTI NORMATIVI

- Decreto-Legge 19 maggio 2020, n. 34 recante "Misure urgenti in materia di salute, sostegno al lavoro e all'economia, nonché di politiche sociali connesse all'emergenza epidemiologica da COVID-19", c.d. “Decreto-rilancio”: http://www.governo.it/sites/new.governo.it/files/DL_20200520.pdf

- Decreto (attuativo) interministeriale 27 maggio 2020 (con allegato 1 su settori attività connesse) https://www.gazzettaufficiale.it/eli/id/2020/05/29/20A03026/sgCircolare

- Circolare del Ministero dell’Interno – Dipartimento per le Libertà Civili e l’Immigrazione e Circolare del Ministero dell’Interno – Dipartimento per la Pubblica Sicurezza, (entrambe)del 30 maggio 2020:
https://www.interno.gov.it/it/amministrazione-trasparente/disposizioni-g...

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