Guide - Entrance to Italy

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Summary

1. Entrance to Italy
   1. How to enter Italy
   2. Residence Permit
   3. Residence card
   4. Family reuniting
   5. Expulsion
   6. Right to asylum
2. Permanence in Italy
3. Employment
4. Social security and assistance
5. Health
6. School
7. Useful information

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1.2 RESIDENCE PERMIT

1. What it is
2. How long it lasts
3. How to obtain it
4. Subordinate employment residence permit
5. Renewal
6. Special residence permits
7. Suretyship insurance

1.2.1 WHAT IT IS

A Residence permit is the document that states the possibility for a foreigner to reside in Italy; reasons and length of residence are always indicated on the document. The foreigner asking for the issue or the renewal of the residence permit will be subject to finger-print and photographic surveying.

Document may be issued for:

• tourism;
• subordinate or self employment, for definite or indefinite time;
• health (recovery in private or public hospitals);
• minister of worship;
• study;
• family reuniting;
• asylum right;
• business;
• elective residence;
• sports;
• minor age;
• health;

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1.2.2 HOW LONG IT LASTS

Duration of residence permit not issued for subordinate employment is generally the same of the entry visa.

Its duration can never be longer than:

1. 3 months - for tourism, business, visits;
2. 1 year - to attend studying or professional training courses, certifying the attending (the permit can be renewed each year if the course is longer);
3. a documented and specified necessity, in the other allowed cases;

The residence permit issued for subordinate employment has the duration of the residence contract and can never be longer than:

1. 9 months for seasonal contracts;
2. 1 year, for term contracts;
3. 2 years, for no term contracts;

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1.2.3 HOW TO OBTAIN IT

WHEN IT IS REQUESTED

Issue of residence permit must be requested within 8 days of entry in Italy at the Questura (Police Headquarters) of the province in which foreigner is at present (see Chap. VII), even if someone enters to Italy with a residence permit issued in another country of the European Union.

On request Police Headquarters issues a receipt of request, a receipt that states that the foreigner is awaiting residence permit.

If a foreigner does not declare his presence in Italy and does not request residence permit within 8 days of entry, the same is issued with a fine of € 103 to € 250; if a foreigner does not declare his/her presence in Italy within 60 days of entry, he/she may be expelled (see Chap. VII).

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1.2.4 SUBORDINATE EMPLOYMENT RESIDENCE PERMIT

RESINDENCE CONTRACT

The residence permit for subordinate employment is issued after the drawing up of the residence contract.

The residence contract must contain:

1. the guarantee given by the employer of an accommodation in conformity with the parameters established by the laws about public buildings and houses;
2. the obligation of the employer to pay the travel expanses back to the origin country of the worker in case of forced material escort to the frontier if the foreigner has no money to pay the expanses

The residence contract is signed in the Unique Door for Immigration (in the Government Territorial Offices) in the Province where the foreigner has his/her residence.

NECESSARY DOCUMENTS

In order to obtain the residence permit, a foreigner must present to the Unique Door for the Immigration a written application for the issue of a residence permit on stamped paper of € 10.22, enclosing:

1. four photographs;
2. photocopy of passport or equivalent document;
3. documents that certify the reasons of residence (i.e. employment contract etc.). For a permit different from the subordinate employment residence permit you will have to prove the availability of the money to travel back to your country.

It is the concern of the Police Headquarters to inform applicant if new requisites are required to obtain residence permit.

USEFUL INFORMATION

• Residence permit must be issued, renewed or converted by the Police Headquarters within 20 days from application;
• If permit is refused, revoked or not confirmed due to lack of requisites, the foreigner may be expelled. Against these measures (revocation of residence permit, lack of renewal or issue) it is possible to appeal to the Regional Administrative Court (Tribunale Amministrativo Regionale - TAR);
• After the refusal of the residence permit the Questura (Police headquarter) orders to the foreigner to leave voluntarily the Italian territory in a term that can not be longer than 15 days. If the foreigner voluntarily leaves the country and meanwhile obtains the requested requisites he can enter to Italy again. If he stays in Italy after the term ordered he will be expelled and will not be admitted back in Italy for 10 years after the expulsion execution.
• The residence permit for subordinate employment may be utilised also for self-employment and vice versa;
• The residence permit for family reunion allows the foreigner to employment or self-employment;
• The residence permit for studies or professional training allows you to employment within a limitation of 1040 hours per year;
• The residence permit can be revoked when the requested requisites to enter to Italy come to lack;
• The dismissal of a foreigner worker is not a reason to revoke the residence permit issued for subordinate employment; every worker after the dismissal (even in consequence of his/her resignation) can remain in Italy signing himself/herself in the employment placement lists till the natural term of his/her residence permit, and however for 6 months after the dismissal.

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1.2.5 RENEWAL

The renewal of residence permit must be applied for at the Questura (Police Headquarters) of the province in which one lives at least:

• 90 days prior to expiration if the permit was issued for a subordinate employment with a no term contract for a duration of 2 years;
• 60 days prior to expiration if the permit was issued for a subordinate employment with a term contract for a duration of 1 year;
• 30 days prior to expiration in all of the other cases.

NOTE WELL

Whoever falsifies or alters an entry visa, a residence permit or a residence contract or a residence card (or whoever falsifies or alters the documents to obtain these forms) Is punished by detention by 1 to 6 years. For such documents the detention can be by 3 to 10 years.

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1.2.6 SPECIAL RESIDENCE PERMITS

RESIDENCE PERMIT FOR MINOR AGE FOREIGNER

Reaching the major age (18 years) the foreigner in Italy for a family reunion or however confided can obtain a residence permit for:

• studies;
• access to employment;
• health reasons

The Foreigner Minor Age Committee, by the Prime Minister Office, will evaluate the interest of the un-confided minor age foreigner and will decide if it's better to remain in Italy or to go back to the origin country. The un-confided minor age foreigner can obtain a residence permit for studies, access to employment or for health reasons, only if are staying in Italy since 3 years and have been admitted to a social and civil integration program purposed by registered public or private boards.

RESIDENCE PERMIT FOR FAMILY REASONS

Such a permit is issued:

• to a foreigner who enters Italy for reuniting the family (see Family reuniting);
• for residing foreigners who married in Italy an Italian or other citizen of the European Union; the permit is immediately revoked if it's proved that after the marriage there's been no cohabitation, with an exception if children are born;
• to a foreign parent, also natural, of an Italian child.

Minors' Court may authorise entry or permanence of a foreigner in Italy, departing also from law dispositions, if it deems that the presence of the relatives may resolve a difficult situation of serious prejudice for the pshyco-physical development of the minor.

RESIDENCE PERMIT FOR SOCIAL PROTECTION REASONS

The Questore (Police Superintendent), on request of the Procurator of the Republic, may issue a special residence permit to the foreigner who is in a violent or very dangerous situation or in case of exploitation, so as to allow the interested person to avoid violence and to participate in a program of assistance and social integration, the development modes of which are communicated to the Mayor of the city concerned. This permit may also be issued at the moment of release from prison of the foreigner who has served a detention sentence inflicted for offences committed as a minor age and who has given proof of participation in a program of assistance and social integration.

Such a permit lasts 6 months and may be renewed for a year, or for a longer term necessary for above mentioned justice reasons and allows the registration with the National Health Services and subordinate working.

The aforesaid permit may be converted into Residence permit for study reasons if ever the necessary conditions arise.

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1.2.7 SURETYSHIP INSURANCE

Entry to Italy can be granted with a suretyship insurance stipulated in Italy. Many of the insurance agencies stipulate such insurances. They can be used to grant entry in Italy for tourism, self-employment or studies.

The requester asking for a foreigner entry to Italy must present:

• identity document;
• tax code;
• payment prospect;
• CUD form or Unico form;
• a copy of the residence permit, if the requester is a foreigner
• a copy of the registration in the Chamber of Commerce and a copy of the Unico form, if the requester is a self-employed
• a copy of the invited foreigner's passport

The insurance can also cover the expanses for the registration in the National Health Service (about € 413.77). The embassies ask for this registration.

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