from ABIL Global Immigration Update

On December 10, 2012, Italy's Ministry of Interior provided clarifications on Blue Card eligibility requirements.

In addition to the apostilled and translated educational degree (at least a three-year degree course), the authorities now also require the individual's professional position to be validated by the Italian Ministry of Education. This new requirement has been enforced by the Immigration Authorities according to the Ministry's official notification number 7591 of December 7, 2012.

To obtain the Ministry’s validation, the following documents are required:

• Original Diploma, translated into Italian language and legalized with the apostille/consular stamp;
• Certified copies of university transcripts, translated into Italian and legalized with the apostille/consular stamp;
• Declaration of Value issued by the relevant Italian consulate. The Declaration of Value is an official document that provides a short description of a certain academic or professional qualification, awarded to a specific person by an institution belonging to an educational system other than the Italian one.

from ABIL Global Immigration Update

Developments include a new requirement for filing intra-company transferee applications; new instructions on regularization of employment status; and a permit of stay granted to a same-sex partner.

New Requirement for Filing Intra-Company Applications

Some Immigration Offices (including Milan and Rome) now require a foreign worker to have a minimum of six months' seniority with the sending company, even though the law only requires the worker to have six months of experience in the same field. The duration of seniority with the foreign employer must be certified in the support letters that are provided to the Immigration Office for the work permit's approval.

Regularization of Employment Status: New Instructions From the National Social Security Institute

With a circular letter (28/09/2012 n. 118), the National Social Security Institute (INPS) has radically changed the regularization procedure that must be followed by employers of foreign nationals who are working in Italy without authorization. Employers are now asked to prove compliance and to have paid the required social security contributions for the individuals for whom the regularization is requested. Originally, the employers were required to prove compliance with social security contributions for all other workers employed.

Permit of Stay Granted in Milan to an Italian's Same-Sex Partner

The Immigration Police in Milan have issued a permit of stay for a same-sex Serbian spouse of an Italian national. The couple married in Canada. This follows a decision of the Reggio Emilia Court, which allowed the issuance last February of the permit of stay to a same-sex partner who had previously married an Italian national in Spain. The court stated that the issuance of the permit was to be done in accordance with the European Union Charter of Fundamental Rights. This does not constitute a binding precedent for other offices but shows that in Italy there seems to be a more flexible approach to the recognition of some rights for same-sex couples.

from ABIL Global Immigration Update

The Ministry of Internal Affairs has officially confirmed with a Directive letter issued on October 26, 2012, that same-sex partners of Italian or European Union citizens may obtain a family permit of stay in Italy, provided that their marriage is duly registered and recognized by the foreign country where the marriage was celebrated.

from ABIL Immigration Insider

The Blue Card Directive has been fully implemented in Italy under Decree n. 108 of 2012, which entered into force on August 8, 2012.

The EU Blue Card is a new scheme that facilitates the immigration process for highly skilled non-EU foreign workers seeking employment in the EU. With the Blue Card, individuals who meet the requirements can apply for a work permit outside of the Italian quota system, and they do not have to spend a minimum amount of time working for a foreign affiliate of the Italian company before they can apply.

According to the new decree, it is now possible to hire directly in Italy non-EU highly skilled workers without being subject to quota limitations, under certain conditions. Similar to the procedure to be followed for ICT work permits, the procedure under the new decree is:

1. The employer files a work permit application with the immigration office. The list of documents must be confirmed by each Immigration Office, but the law includes:

(i) a job offer for not less than one year with a salary of not less than €25,500 per year. The job offered to the worker must be for a highly skilled position;

(ii) a worker's diploma. The worker must have completed a post-secondary study program with a minimum duration of three years. The school must be a institution of higher education recognized by the state in which it is located. The course of study must be related to the type of work being performed;

(iii) documents proving that the worker has suitable accommodations in the country.

2. After the work permit is issued, the worker applies for a visa in his country of residence.

3. Upon entry into Italy, the employer and worker execute a contract of stay at the Immigration Office.

4. The worker files for a permit of stay at the post office and then completes the process at the police office.

Workers with a Blue Card issued by another EU country may be hired in Italy only after 18 months from the date of issuance of their card. The employer still must apply for a work permit, but the worker will not need to obtain a visa.

from ABIL Global Immigration Update

The Ministry of Interior, Annamaria Cancellieri, announced recently that almost no new quotas are expected to be issued in 2012 due to the current economic situation. According to the Ministry, there is a very low demand for new quotas. Only quotas for seasonal workers will be issued.

from ABIL Global Immigration Update

Non-European Union students living abroad who want to attend a university, conservatory, or academy in Italy must have filed a pre-enrollment request for the 2012-2013 academic year by June 29, 2012. Each university has a quota for enrollments from abroad. In early August, the Italian consulates will release information regarding entrance exams, including the Italian language exam, that will take place on September 3, 2012. Students will receive entry visas for Italy before August 24. Only those who pass the exams may enroll and stay in Italy with a residence permit for study purposes.

from ABIL Global Immigration Update

The Italian government approved on June 7, 2012, a decree to implement the Blue Card Directive. The Directive will enter into force as soon as it is published in the Official Gazette. The new decree is intended to facilitate the entry of highly skilled workers holding a Blue Card issued by another EU country and will regulate the issuance of Blue Cards for workers already living in Italy.

from ABIL Global Immigration Update

Beginning on March 10, 2012, all foreigners over 16 years of age who enter Italy for the first time and apply for a residence permit with a validity of at least one year must sign an "Integration Agreement" (Accordo di Integrazione) at the immigration office (Sportello unico per l’immigrazione) or at the police headquarters (Questura). The new measures do not apply to those already present in Italy.

The agreement regulates the new point system for the permit of stay. Foreigners are accredited with points or credits based on their level of integration into Italian society.

The agreement, where possible, is translated into the native language of the person. Upon signing the agreement, each foreigner is automatically assigned 16 points, which corresponds to a sufficient knowledge of the Italian language (A1) and of the basic principles of Italian culture and public life.

The main points of the agreement include:

• Achievement of an "A2" level of knowledge of the Italian language (slightly higher than the basic level);
• Sufficient knowledge of the fundamental principles of Italian law and public administration;
• Basic knowledge of Italian public life (e.g., social service, health care);
• Compliance with work and tax obligations;
• A guarantee that children of school age attend compulsory education.

From the date of signing the agreement, the foreigner has two years to obtain the required minimum points. This can be extended up to three years if necessary.

Within six months of signing the agreement, the foreigner must attend a free cultural education course (five to 10 hours). The course can be taken in one of several languages: English, French, Spanish, Arabic, Chinese, Albanian, Russian, or Filipino.

The foreigner is awarded points based on considerations such as demonstrating knowledge of the Italian language, courses taken, and educational qualifications. Those who obtain at least 30 points are considered to have fulfilled the requirements of the integration agreement, while those who obtain between one and 29 points are given one year to complete everything and obtain the necessary minimum 30 points. Those who have all their points deducted are no longer eligible for a permit of stay or renewal and will be expelled from Italy.

Points may also be deducted for reasons such as a criminal sentence, even if not a definitive sentence (a judgment by a lower court that can be appealed); being a threat to public security; or committing administrative or tax offenses.

One month before its expiration date, the immigration office will review all the documents submitted by the foreigner (e.g., certificates of courses attended, educational certificates). Those who fail to submit the certificates must undertake a test if the authorities deem it necessary.

The Ministry of Home Affairs maintains an official register of all foreigners who have signed the integration agreement. The register indicates points obtained by each foreigner. Any changes to the points will be communicated to the relevant person, who will also have access to the register to check status.

The law also provides the possibility to suspend or postpone the agreement for cause of force majeure or for justified reasons that prove it is impossible to fulfill terms of the agreement such as serious illness, work, study and training obligations.