Due to what is known as the “sanatoria” it will be possible to legalize the positions of illegal foreign workers living in Italy. There will be two kinds of sanatoria.
The sanatoria will come into force around the 9th September, that is 15 days after the issue of the “Bossi-Fini” on the Gazzetta Ufficiale that should take place by the end of August.
From that time housekeepers and the carers will have two months to declare their employment. All other workers will only have one month.
All foreign people that began employment before the commencement of the law and that have accommodation available to them can apply for the sanatoria.
Each applicant must own a valid passport or a valid document for expatriation.
Applicants that have previously received an expulsion order may not apply for the sanatoria unless it was for failure to renew a residency permit.(this requirement may be modified by the specific law on the sanatoria that will be issued in September).
All applicants that have been reported for any of the offences contained in articles 380 and 381of the Criminal Code are excluded from the sanatoria.
A family can’t legalize more than one housekeeper, however, there is no limit on the number of carers that can be legalized (as long as they can show the pathology of the assisted person by medical certificate) or any other workers.
Instructions for the legalization of foreign workers
The procedures to be followed to legalize either housekeepers or carers are the same (except that the former will have one month more for the legalization).
It is the employer’s responsibility to apply for the legalization of the foreign worker by declaration of illegal work. The employer will be asked to fill in a pre-printed form, from the ministry, and send it along with a lump-sum payment for outstanding taxes to the Prefettura of the place of employment by registered mail (raccomandata-assicurata). Subsequently, the employer and the worker will be called by the Prefettura to sign a residence contract and receive a residence permit. The residence permit will last one year and will be renewable on presentation of a work contract.
The Ministry of the Interior will issue two sets of forms (otherwise known as kit), one for housekeepers and one for other dependent workers, containing:
ü a form for the declaration of illegal work;
ü a post payment slip for the tax payment;
ü a registered mail coupon;
ü compilation instructions;
ü a pre-printed envelope, on which the applicable Prefettura-UTG district must be specified.
These kits will be available at the Post-Offices .
Each form refers to a single worker.
The application must be signed by both the employer and the applicant.
It’s possible to legalize more than one applicant, filling in the same envelope with more than one application.
It’s not compulsory for the employer to go to the Post Office: anyone can pay the taxes (tax payment and registered letter charges).
The registered letter coupon will allow the foreigner to wait for the legalization without the danger of being expelled from the country.
The employers that make declaration of illegal work can’t be punished for any violation of the residence, employment or financial laws concerning the position of the foreign worker stated in the document.
The employer (or a juridical delegate) and the worker will receive a convocation from the Prefettura asking them to go to the Polyfunctional Desk, that will be set up for the sanatoria on purpose, at a certain day at a certain time.
At the Polyfunctional Desk:
ü the taxpayer’s code (number)will be given to the worker;
ü the application will be officially examined and missing information completed;
ü the residence contract will be signed by the employer and the worker;
ü the residence permit will be given to the foreign worker.
The entire procedure has been based on ministerial memorandums that have been issued to date and could still be modified.
For further information it’s necessary to wait for more memorandums from the Ministry of Interior and Labour.
[a cura di Laura Benzoni e Francesco Bernabini]