Law N° 40 of 6th March 1998
Decree n. 286 of 25th july 1998
Permission to stay
The foreign citizen legally coming in Italy (with passport and visa, if necessary) must declare their presence in Italy within eight days from the entrance data to the police station (Questura) of the district where they are staying, by asking the permission to stay:
– 13 months: for visits, tourism, business;
– 36/9 months: for seasonal job;
– 1 year: for study (renewable each year if the course takes few years);
– 2 years: for autonomous job, subordinated job for indefinite time, familiar reunions.
In the annual decrees to determinate the flow, are fixed the entrance shares depending from the original country. Based on this share, it is possible to ask for a permission in order to seeking to work (nominative requirement): it has to be presented together with the guaranty about the foreignness lodgings and the related sustenance and care costs, for all the time of the permission to stay, to be done by a Italian citizen or by foreign resident with a regular permission to stay, by Regions, Local organisation, professional Associations, trade unions and volunteers. One time in Italy, the foreign will have a permission to stay for one year.
Renewal: has to be required within 30 days before the expiring data. If the permission is expired, after 60 days, and has not be done the renewal, it is foreseen the forced expulsion.
– up to 14 years old: he is registered on the parent permission to stay which who he is living together
– from 14 to 18 years old: autonomous permission to stay for familiar reasons
– for serious reasons related to young’s psychophysics growth and to his health conditions, it is possible to obtain an entrance Visa and a permission to stay for young’s familiar.
Refuge right (Geneva Convention)
Can be requested to whom, in his own Country is under personal prosecution for political, ethnical, religious reasons from the State. The requirement has to be done at the border or, as soon as possible, to the police station (Questura) of the town reached.
The request will be examined by the "Commissione Centrale dello Stato Italiano", that will be in charge to decide if it will be accepted or not. Between the period of the presentation at the "Questura" and the answer of the "Commissione", the person will obtain a subsidy and a permission to stay for "request of refuge", temporary but renewable. With this document is possible to be registered at the SSN (National Medical Service) but he can not work or to attend at the University.
If the "Commissione" will give a positive answer at the refuge requirement, the person will have all the right foreseen under the regulamentation of the foreign people who stay in Italy regularly and will be possible to ask for further subsidy at the Prefecture (Social Service) or directly at the Social Services in the resident area.
Card to stay
For indeterminate time. It is possible to ask for this card if the foreign person is in Italy regularly since, at least, 5 years, with a permission to stay for reasons that allow an indeterminate number of renewals and enough income for his own sustenance. This card will be also issued to the husband/wife and children under age who are living together.
Can be required from a foreign citizen in Italy with a card to stay or a permission to stay for a minimum of one year (for job, study, religious reason, and political refuge). Can be required for husband/wife (not legally separated),
under age children (less than 1 years old) on his charge (also if adopted, or under tutelage), parents on his charge, relatives (within the third degree of kin) unable for work for the Italian law.
It needs to have a proper lodgings and a net income not less that the annual amount of the social draft for each familiar for who it is required the reunion (in the 1998 it was 6.593.000 Lire). If the request has made by a political refugee, it can be considered also without documentation about income and lodgings.
With accompaniment at the border:
– for public order and security reasons;
– foreignness already expelled that are still present on the Italian territory over the time fixed by the intimidation;
– foreign that are part of category of dangerous people for the public security;
– foreign expelled by the Judge in substitution of detention;
– foreign that came in Italy avoiding the border control (only if he is without documents and if there is the possibility that the subject will try to escape from the expulsion).
The foreign submitted to the expulsion with accompaniment at the border, could be kept in special temporary reception centres ("Centri di Permanenza Temporanea") for a maximum time of 20 days, with possibility to add further 10 days, under the "Questore" (Superintendent of Police) request.
The be kept in these centres is not to be under a imprisoned sanction: the person, within the limit due to the management of the centre, can correspond, also by phone, outside and can received visits. The police activity is only for vigilance and to escort outside in order to avoid improper removal.
With intimidation to leave out the national territory within 15 days
It is applied in all the other cases when the foreign not regularly in the national territory (also in this case it is possible to be kept inside the temporary reception centres).
Petition against the expulsion
The expulsion has to be justified and communicated to the foreign in a language that he is able to understand (English, French or Spanish under his indication). It is possible to present a petition against the expulsion, issued by the Prefecture, within 5 days. The authorities have 10 days for the decision. The petition, in case of immediate expulsion, can be presented also from abroad within 30 days. The person that has not economical possibilities has the right to obtain a legal aid ("Gratuito Patrocinio"); the foreign can sign personally the petition.
Who obtain the expulsion can not come again for the next 5 years (unless be a different measure of the magistrate, anyway not less than 3 years).
No expulsion for
– Under age;
– Foreign living together with relatives within the 4th rank or with an Italian husband/wife (in this case the permission to stay is for familiar reasons);
– Pregnant and for 6 months after child birth (in this case the permission to stay is for medical treatment);
– Special temporary protection measurement due to exceptional events (natural disasters, armed conflicts and similar situation with serious danger).
Facilitation, also by specific issues of social protection, for removal of the foreign, that is object of exploitation, from the conditioning of the criminal organisation.
It is foreseen punishment for who promote the permanence of the clandestine in the Italian territory and for who has an unfair profit by the not legal presence of the foreign: organisation and exploitation of the prostitution, the "black work", use of clandestine for business related to drug trading and sale and similar issues.
The art. 16 of the law 40/98 (also known as art. 18 of the DL 286/98) defends the foreign that are victims of the unlawful traffic, subjected to serious exploitation or violence’s that, in order to escape from the conditioning of the criminal organisation, run the risk to retorts or, anyway, are under dangers for them self. For these people could be set program for assistance and for social integration, with a special permission to stay, for 6 months renewable for one year (or all the time necessary for justice’s reason). When it expires is possible to be converted in permission for work or study.
At the moment of the birth, the pregnant can decide to not recognise the child. He will be entrusted to the Social Service that will provide to open an adoption affair. Anyway the women can remain anonymous.
The foreign has to be entered for the "Servizio Sanitario Nazionale" (National Sanitary Service). It is possible to do it to the A.S.L. ("Azienda Sanitaria Locale" – Local medical centre) located to his own district. In this way is possible to obtain the medical services.
Foreign in order with the entrance and stay in Italy rules
The obligation to be entered for the "Servizio Sanitario Nazionale" to the A.S.L. in the city of residence is foreseen for:
– Subordinated workers, autonomous workers, who is looking for first job and for unemployed entered into the employment bureau list.
– People with the permission to stay or with the request for the renewal for:
Political and humanitarian refuge;
Waiting for adoption;
Waiting for citizenship.
Familiar under his responsibility
If the foreign has the right for the medical assistance, this is also extended to the familiar in charge that are staying regularly and it is assured starting from the birth to the under age children of the foreigners entered to the national medical service ("Servizio Sanitario Nazionale").
The foreign with a regular permission to stay entered into the employment bureau list has the same treatment of the Italian citizen, for this reason he has to be entered free of charge into the national medical service ("Servizio Sanitario Nazionale").
For the inscription he must to have the permission to stay or, if the permission is in the renewal time, the replacement document.
Foreign not in order with the entrance and stay in Italy rules
To the foreign not in order with the permission to stay is anyway guarantee:
– The health cares by the first aid post or by hospital that are urgent for illness or accident;
– The tutelage of the pregnancy and the maternity;
– The tutelage of the children health;
– Vaccination (under the rule in force);
– The care of the contagious illness and the HIV prophylactics.
The possibility to use the medical structures for these people can not involve any signal to the police authority. All the services are free of charge for the people that has not enough economical resource. He has to pay a ticket (as participation at the cost) for the equality treatment with the Italian citizen. In order to know the indigence situation (waiting for the realisation rule), it will be accepted a self certification form the interested person.