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.