Slides presented during #ISVwebinar n°3, 27 September 2016.

2. Italian Immigration Law
An overview and tips
for non-EU citizens in Italy
SPEECH BY
Avv. Alessandra Palladini

3. Introduction
• “I have filled in all my papers, I got my visa, I have a work
permit. And now, what can I do or cannot do?”
• “How can my wife join me in Italy?”
• “And what if I wish to stay longer?”
• “And what….?..... And how….?”

4. Introduction
Many non-EU citizens arrive in Italy after loads of papers,
bureaucratic procedures and an amount of time spent before
the consulate or local offices. And this is the very first step
The second step is
STAYING AND LIVING IN ITALY
Based on our experience, upon his/her arrival, a non-EU citizen
needs assistance on:
• Family Reunification
• Renewal of Permits to Stay
• Everyday life activities

5. Legislative Framework
There is a number of laws, decrees and regulations applicable to
this sector, including:
• Legislative Decree no. 286 dated 25 July, 1998, the
Consolidated Italian Law on Immigration
• Presidential Decree no. 394 dated 31 August, 1999,
containing a set of applicative rules
• Yearly Quota Decree (Decreto Flussi)
Remember also:
• EU Directives and Regulations on immigration issues

6. Focus on Visa for Family Reasons
• Family unity is a fundamental right recognized and
protected by the Italian legal system
• It applies also to foreign nationals that intend to rejoin
their family members
• Family reunification represents an essential requirement
for the positive outcome of the integration process in
the social and working lives of foreign nationals in Italy

7. Focus on Visa for Family Reasons
WHO?
Relatives of a non-EU citizen holding a regular Italian permit to
stay or long term visa (> 1 year). In particular:
• Spouse (polygamy not accepted)
• Children < 18 years
• Dependent children > 18 years if they are not able to meet
their basic needs for serious health problems entailing total
disability
• Dependent parents if there are no other relatives able to
support them in their country of origin

8. Focus on Visa for Family Reasons
OBJECTIVE REQUIREMENTS
1. Insurance Policy (only for dependent parents older than 65 years)
2. Suitable house, endowed with all sanitation requirements and
equipped with the housing suitability certificate
Practical Tips
• The certificate « certificato di idoneità abitativa » is issued by the
Technical Office of the relevant Municipality or by the relevant Local
Health Unit (ASL)
• One of the elements is the minimum housing surface, set by each
Italian Region (usually 28 sm x 2 persons)

9. Focus on Visa for Family Reasons
Practical Tips
• In case of reunion with children < 14 years, the certificate can be
replaced by:
‒ Consent of the person giving hospitality (S1 Model)
OR
‒ Copy of the lease agreement with at least 6 months duration
• The certificate is not requested in case of permits for research
purposes

10. Focus on Visa for Family Reasons
OBJECTIVE REQUIREMENTS
3. Availability of a minimum annual income not lower than the
annual amount of the social allowance increased by one-half for
each family member intending to be reunified
Practical Tips
• Minimum annual income for year 2016 is Euro 5,825 (Euro
448.07/month)
• In case of reunion with 1 family member, the minimum requested
income is Euro 8,737.5 (Euro 672.10/month)

11. Focus on Visa for Family Reasons
Practical Tips
In case of self-employment permits/visas, proof of minimum annual
income may be given:
• With tax returns (Unico) relevant to the year preceding the request
• With the necessary supporting documentation based on the
category the non-EU citizen belongs to:
- Owner of a Business: certificate of incorporation, photocopy of the
VAT number, financial statements, tax returns, etc.
- Project-Based Collaboration: collaboration contract, statement of
client showing validity of the contract, INPS registration, etc.

12. Focus on Visa for Family Reasons
SUBJECTIVE REQUIREMENTS
1. Proof of the family relationship and related authorizations
(e.g., for minors)
Practical Tips
• Marriage certificate, birth certificates, consent from the other
spouse
• Also natural children
• Certificates must be translated in Italian. Translation must be
legalized/apostilled. Legalization also at the Italian local Civil Court
(Tribunale)

13. Focus on Visa for Family Reasons
PROCREDURE
There are two slightly different procedures
1. Family Reunification
Applicable to family members in the country of origin
2. Family Cohesion
Applicable to family members travelling with the person with title to
stay in Italy. Procedure to be activated when both members are
abroad, before leaving
NOTE: same documents for both procedures

14. Focus on Visa for Family Reasons
PROCREDURE 1 - FAMILY REUNIFICATION
1. Request for “Nulla Osta al ricongiugimento familiare” filed online.
Competent authority: Sportello Unico Immigrazione (SUI). MOD S
2. Appointment with SUI to submit documents on objective
requirements. Further documents may be requested
3. Positive opinion from Local Police (Questura)
4. Issuance of Nulla Osta (and request for tax code) sent electronically
to the Consular Office
5. Consular Office will make the subjective assessment
6. At the end, the visa for family reasons will be issued
TIMING: up to 6 months

15. Focus on Visa for Family Reasons
PROCREDURE 2 - FAMILY COHESION
1. Registration on the website of the Ministry of Internal Affairs
2. Online request for family cohesion (Form T)
3. Proxy to someone taking appointment with SUI for documents
submission
4. Issuance of Nulla Osta (and request for tax code) sent electronically
to the Consular Office
5. Consular Office will make the subjective assessment
6. At the end, the visa for family reasons will be issued
TIMING: up to 6 months

16. Focus on Visa for Family Reasons
ADDITIONAL INFORMATION
1. Upon arrival in Italy (within 8 days) it is necessary to go to SUI that
issued the Nulla Osta
2. SUI will print the request for permit to stay for family reasons
3. Request for permit to be sent through Post Office in person by the
person asking for permit. Passport check
4. The owner of a permit for family reasons can work (self-employed or
employment), will receive NHS support and assistance, can have
access to university or schools
5. Duration of the permit = to relative’s permit duration
6. Refusal can be challenged before the Civil Courts

17. How to Renew a Residence Permit
• Validity of residence permit is the same as that
indicated in the visa (e.g., up to 2 years for self-
employment, family reasons)
• Renewal can be asked exclusively at the Post Office:
- Permits issued for self-employment reasons/start up
- Permits issued for family reasons
- Certain types of permits only at the Questura
• No certainty on length of extension

18. How to Renew a Residence Permit
DOCUMENTS
• General Documents
- Passport, photographs, fiscal code, request for renewal
• Documents showing proper housing
- Lease agreement
- Proof of ownership
- Host declaration form
● Documents showing financial resources/work activity
- Extract from the Companies’ Register
- Financial Statements, etc.

19. How to Renew a Residence Permit
RENEW UPDATE CONVERSION
When the permit is
about to expire
For changes in marital
status, passport,
address, etc.
When the reason for
staying in Italy has
changed
Post Office Post Office
Questura
Questura
SUI
Documents to be
submitted depend on
the type of permit
Documents showing
the reason for updates
Documents depending
on the reason for
change
(study/employment)

20. How to Renew a Residence Permit
Further renewals
• After 5 years
- A EU Permit may be required, subject to certain conditions
- The EU Permit, unlike the national permit to stay, can be
asked also for family members in one single request
- The EU Permit allows the holder to stay in other EU countries
longer than 3 months
- Request is made at the local Questura
- Not accepted if in a 5 years period, the holder left the Italian
territory for more than 6 months in a row/ for a total of 10
months

21. Citizenship
Italian citizenship can be acquired in very specific cases,
including:
• being born in Italy
• by marriage with Italian citizen
• by naturalization, after 10 years
In case of naturalization, citizenship can be granted by
Presidential Decree
NOTE: rather than an automatic process, it is discretionary:
although a person possesses the requirements to obtain it, the
final outcome is not predictable

22. Duties and Rights
• DUTY TO EXHIBIT THE PERMIT
- For issuance of licenses, authorizations, enrollment
- For money transfers
- When requested by police or public security forces.
Unreasonable refuse to do so may result in a fine up to Euro
2,000
- NOT IN CASE OF: medical treatments/hospital, school
• DUTY TO PAY TAXES
• DUTY TO COMPLY WITH ALL THE APPLICABLE LAWS

23. Duties and Rights
• RIGHT TO RECEIVE ASSISTANCE AND CARE FROM NHS
• RIGHT TO RECEIVE PROPER INSTRUCTION
- Access to schools for minors
- Access to university
- Access to work training courses
• RIGHT TO MATURE AND RECEIVE PENSION
• RIGHT TO ENJOY WITH ANY TAX BENEFITS APPLICABLE
TO ITALIANS
in other words, same rights applicable to Italians

24. USEFUL LINKS
• www.portaleimmigrazione.it
• http://www.esteri.it/mae/en/ministero/servizi/sportello_info
/domandefrequenti/sezione_visti_entrare_in_italia.html
• http://www.interno.gov.it/it/temi/immigrazione-e-
asilo/modalita-dingresso/sportello-unico-limmigrazione

25. Avv. Alessandra Palladini a.palladini@legalgrounds.eu
OUR MAIN OFFICES ARE IN ROME AND MILAN. HOWEVER OUR MEMBERS ARE LOCATED IN
VARIOUS CITIES IN ITALY AND ABROAD (INCLUDING GENOA, LONDON AND NEW YORK). THE
MOST EFFECTIVE WAY OF CONTACTING US IS VIA E-MAIL AT THE ADDRESSES LISTED ON
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