The latest Libyan crisis has brought back to the fore one of the most old-aged and tangled topics: Immigration.
Is time I guess, for a brief (as much as brief such a topic can be) overview of Italians Immigration regulations.
Taking a close look at the Italian Ministry of Interior Website (Below), I’ve notice how the immigration topic is poorly developed in the English version. The “Immigration and civil liberties” page, as a matter of fact, only provides general (maybe too general) info, the kind of “info” that a 5 years old kid could develop by his own.
Immigration and civil liberties:
http://www.interno.it/mininterno/export/sites/default/en/themes/immigration/
The Italian version, (Dipartimento per le libertà civili e l'immigrazione) is definitely more comprehensive, although several “dark sides” and unexplainable/unobtainable info still need, in my opinion appropriate clarification.
Not the best Official Government Website ever, if you compare it with the American or the Australian one, but that’s the only one we have got folks so…let’s try to figure it out!! ;-)
Anyhow, I subscribed several different enquires trough the help page. I’ll post the answers as comment to this post, once I’ll get them.
The question is: “What do I need to do if I am not European and I wanna find a job in Italy?”
Immigration law is commonly divided in Europe into:
- “Regulations applicable to EU citizens migrating within EU borders”, and
- “Non EU citizens migrating towards EU borders”
I’ll only analyze the second category.
“Tourist-Visa-Permits” regulations, besides, (I won’t disclose them neither) are pretty much the same everywhere. Countries typically allow “overseas” citizens visiting the Country for 90 days without any Visa or with a “fast-easy- to get” permit. (Schengen Agreement ): http://en.wikipedia.org/wiki/Schengen_Agreement
In Italy, Immigration is currently regulated by "LEGGE 30 luglio 2002, n.189 Modifica alla normativa in materia di immigrazione e di asilo” effective since the 10th September of 2002.
In order to enter to Italy from a Country that is not part of the European Union, the foreigner must obtain a Visa authorizing entry. The latter is issued by Italian embassies or consulates in the state of origin or the country where the foreigner has a permanent residence. Once in Italy, within eight working days, the foreigner must apply for a “permesso di soggiorno” (residence permit).
Student Visa.
A Visa for study purposes can be applied trough the Italian Embassy in the Country of residence of the foreigner. That Visa will have equal time-effectiveness to the course the candidate intends to follow and is renewed from year to year until the end of the course. This permit allows the foreigner to perform part time work, for a maximum of 20 hours per week.*see the Decreto Flussi below.
Family reunification Visa ( Permesso Ricongiungimento familiare )
This visa can be obtained from a foreigner legally residing in Italy, who holds one of the following permits: employment permit, self-employment permit, asylum or study permit.
Workers
Employment, Self-employment and Seasonal work.
To establish a permanent employment relationship, temporary or seasonal with a non-EU citizen resident abroad, the employer, Italian or foreigner regularly resident in Italy must submit a specific nominative request.
DECRETO FLUSSI 2010 PER LAVORATORI EXTRACOMUNITARI NON STAGIONALI
The “DECRETO FLUSSI” is the legal instrument by which the Government determines every year how many foreign non-EU citizens may enter Italy for work reasons. It also outlines the public policies to foster family relationships, cultural integration of foreign residents in Italy and respect for diversity and cultural identities as long they are not in conflict with the legal national system.
The DECRETO FLUSSI 2010: (ftp://scaricakit.interno.it/0551_decreto_flussi_2010.pdf )
Are allowed in Italy for non-seasonal employment, 52.080 citizens of countries that have signed or are about to sign specific migration agreements, as follows:
4500 Albanian citizens;
1000 Algerian nationals;
2,400 citizens of Bangladesh
8000 Egyptian citizens;
4000 Filipino citizens;
2000 Ghanaian citizens;
4,500 Moroccan citizens:
5,200 citizens of Moldova;
1,500 Nigerian citizens;
1,000 Pakistani citizens;
2,000 Senegalese citizens;
80 Somali citizens;
3,500 Sri Lankans;
4,000 Tunisian nationals;
1,800 Indian nationals;
1800 Peruvian citizens:
1800 Ukrainian citizens;
1,000 citizens of Niger;
1000 citizens of the Gambia;
1,000 citizens of other countries outside the European Union which concluded agreements to regulate the flows of entry and the readmission process.
Big troubles for Libyan citizens. They are not included!!!! The decreto flussi was issued before the Libyan crisis I guess.
*3.000 student Visas.
Self-employment
A foreigner who intends to practice in Italy a not occasional self-employment activity, industrial, commercial, trade or business, or intends to establish a company or any association must possess the moral and professional qualifications required by law to Italian citizens for the exercise of individual activities.
It is required the recognition of professional title achieved in the foreign Country.
The following professions must to be recognized by the " Direzione generale degli Affari civili - Ufficio VII - Reparto internazionale” (Directorate General of Civil Affairs - Office VII – International Department )": actuary, lawyer, accountant, biologist, chemist, agronomist and forester, geologist, engineer, stockbroker, psychologist, social worker, consultant employment, agro-technicians, surveyor, land surveyor, industrial expert, journalist.
The foreigner must have suitable lodgings: for this the candidate will have to produce a purchase or rental contract (Regulation: artt. 2 e 4 della legge 4.1.1968, n. 15) plus declaration of an Italian citizen or foreigner regularly resident in Italy certifying he made available to the foreigner the above quoted accommodation.
Once in possession of all necessary documentation, the candidate must submit it at the competent Italian diplomatic branch, requiring an entry visa for self-employed.
How do they define “not occasional”? Una tantum? Once a week? Twice? NFI
What are the “moral and professional qualifications required by law”? Which law defines them?
Seasonal work
For the recruitment of a foreigner living abroad for seasonal work the procedure is the same of the employment.
The work permit issued is valid for at least 20 days and a maximum of six or nine months (depending on the duration of seasonal employment or in relation to shorter-term work to be done at several employers).
The residence permit for seasonal work can be converted into a residence permit for employment only after the second entry for seasonal work, as long the worker went back to his country at the end of the first residence permit for seasonal work. This conversion must be made under annual decreto flussi parameters.
Italian language test for long-term residence permits. (http://www.interno.it/mininterno/export/sites/default/it/assets/files/20/0827_Il_test_di_lingua_italiana_il_procedimento_e_i_soggetti_coinvolti.ppt )
In case the candidate for the "CE " long-term residence permit doesn’t have:
Certification of Italian language at a level no lower than A2 of the CEFR (Common European Framework of Reference for Languages
Diploma or professional qualifications attesting that the foreigner has entered Italy in accordance with the activities referred to in the provisions of the Consolidated pursuant to art. 27, paragraph 1, letters a), c), (???:-( neither I did understood it in Italian!!)
…must take a test of Italian language (level A2 of the Common European Framework).
Since December 9, 2010, the Department for Civil Liberties and Immigration of the Ministry of Interior has developed the online procedure which allows handling of applications for the Italian language test required to foreigners who intend to apply for a CE long-term residence permit.
From that date the foreign interested in obtaining the CE long-term residence permit must apply online at the Prefecture
Website : http://testitaliano.interno.it application form.
For more specific info please see the “Staying in Italy” handbook.
http://www.interno.it/mininterno/export/sites/default/it/assets/files/14/0554_initaliainregola_English.pdf
For any further enquire, please don’t hesitate to ask; I’ll try to answer as soon as possible posting the answer as a comment to this post.
Hey Ettore, thanks for this, it is clear you did a lot of research. I also did a similar one on immigration and created a "sum up" of 23 pages, do you remember? I also came across the decreto flussi list. Of course the first group of people from a certain nationality will be granted a easier working permits and the exceeding people will have more troubles but still will be allowed into the country, right? Now my question is: (good on you that you raised the Lybian factor just now, very hot topic considering the shaming behaviour our government is having: dealing with Gheddafi and welcome him as a prince/best friend just few months ago - do you guys remember the lesson on islamism on our 300 badly paid hot girls who participated because of these TROUBLED TIMES @ Filippo that was just for you @ all the others it was a quote from the movie Goya - and now feeling the "duty" to attack him just to lick US'ass!
ReplyDeleteAnyway, will Lybian people be treated as political refugees and be granted a easier access?
Hi Aeolus, thank you for asking.
ReplyDeleteSo so funny… do you remember?
“Was my sister put to 'The Question'?
Yes, she was.
My daughter was tortured?
She was put to 'The Question'.
I thought that kind of investigation had been abandoned years ago.
Yes, it was, but now in these troubled times, in its quest for the truth, the Church is bringing it back”…
And…
“See what I am carrying? I must be a pious man, right? But look at what is really inside this.
Voltaire! Voltaire! The Dark Prince of the darkest principles!"
This movie is just so brilliant.
Yes Aeolus, hot topic indeed. Hot and very sad topic I would say. Where is George Carlin?!:-( I really would like to hear his comments about what is happening.
http://www.youtube.com/watch?v=UaS2bRGS86c
I am literally incredulous.What the fuck is going on?!? War?! Again?! My good will in defending Berlusconi has permanently run out. My family currently lives in Sicily, only 300 km far way from Tripoli!!!
Answering to your question: “will Libyan people be treated as political refugees and be granted an easier access?”
In order to get an answer we need to have a look at the Italian Asylum right regulation, which definitely is not an easy job. :-(
In Italy ,the right to asylum is guaranteed by art.10 paragraph 3, of our Constitution:
“A foreigner who is denied in his country the effective exercise of democratic freedoms guaranteed by the Italian Constitution, has the right of asylum in the territory of the Republic, in accordance with the requirements of the law.”
According to a recent approach of the Supreme Court (Case No. 25028/2005), this constitutional set-up does not constitute by itself a stable legal basis to regulate right of asylum, but it would offer, rather, a temporary protection to asylum seekers, that would result in their right to enter in Italy to obtain permission to reside, only in order to apply for recognition of refugee status. After this procedure, the constitutional right of asylum would be anyway extinct.
In practice, the right of asylum is today regulated in Italy, by law N 251/2007, Legislative Decree N 159 of 3 October 2008 and Law N 94 of 24 July 2009.
Essentially, the right of asylum is today provided to refugees, (with different content and intensity) as defined by the Geneva Convention:
http://en.wikipedia.org/wiki/Geneva_convention
In short, in Italy the right to asylum is guaranteed to those people who need international protection, as if they go back, would face an “objective risk of serious harm”, such as death penalty, torture or other inhuman or degrading treatment, or a serious and individual threat to their life due to a generalized violence arising situation or internal or international armed conflict.
According to UNHCR (United Nations High Commissioner for Refugees) : http://en.wikipedia.org/wiki/UNHCR
Applications for asylum in Italy were in 2008, 30.324, and the countries of origin of asylum seekers were, in order, Nigeria with 5.333 applications, Somalia with 4,473 applications, Eritrea with 2,739 applications, Afghanistan with 2,500 applications, and the Ivory Coast with 1844 applications. The total number of recognized refugees living in Italy is indicated by the UNHCR as, in June 2009, round 47,000 people.
A poor overview of that topic is anyway available at:
http://www.interno.it/mininterno/export/sites/default/it/temi/asilo/English_version/
Conclusion:
As long I’ve understood, according therefore to Italian Constitution, Geneva Convention, law N 251/2007, Legislative Decree N 159 of 3 October 2008 and Law N 94 of 24 July 2009, Libyan Citizen should be welcomed in Italy as refugees without too many problems. That’s the Theory; Should the Italian Government find some trick as a work around, I really don’t know.