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REGULATIONS
Residence permits while awaiting employment: upon expiry, renewal is possible also for more than one year Clarifications from the Ministry of Interior The news
Sostegno all'Inclusione Attiva (SIA) [Support for Active Inclusion] As of 2 September it is possible to submit applications for accessing the new service aimed at fighting poverty. The right to access the service is granted also to foreign long-term residents and international protection holders The news
Legalization of certificates and documents: novelties for citizens from Morocco, Kosovo, Chile and Brazil The news
RULINGS
Residence permit tax The Consiglio di Stato has suspended the enforceability of TAR’s ruling which in May had established that foreign citizens’ contribution was too high The news
The expulsion of a foreign citizen whose minor child is an EU citizen is possible only in extremely serious cases Ruling of the Court of Justice dated 13 September 2016
The news
DIREZIONE GENERALE DELL’IMMIGRAZIONE E DELLE
POLITICHE DI INTEGRAZIONE
Newsletter
Multilingue
Agosto-Settembre
2016
NEWS FROM THE ADMINISTRATION
Assisted Voluntary Return and reintegration for Third Country Nationals The list of projects admitted to the funding by the Ministry of Interior-Department for Civil Liberties and Immigration The news
Italia Startup Visa: an appealing programme for innovative entrepreneurs The news
SERVICES, PROJECTS AND OPPORTUNITIES
University scholarships for international protection holders Public notices are still open for academic year 2016/2017 The news
Student orientation: the Municipality of Milan has provided a help desk called “Cerco-Offro Scuola” The service is addressed to youngsters from 14 to 25 years of age coming from a migratory context The news
A multilingual guide on screening aimed at informing migrant citizens Edited by the Provincial Health Authority of the Province of Trento in collaboration with Cinformi The news
“Il viaggio di Missih” [“Missih’s journey”] A television channel thought for migrants so that they may be informed on inclusive finance The news
A free Italian language course for migrants in Rome The news
REGULATIONS
Residence permits while awaiting employment: upon expiry, renewal is possible also for more than one year Clarifications from the Ministry of Interior
The Ministry of Interior with a Circular dated 3 October 2016 provided clarifications concerning the correct implementation of the law regulating residence permits while awaiting employment.
The legal framework of reference
The Italian law (article 22 of D.lgs. No. 286/98) provides for the possibility for foreigners who lose their jobs, upon the expiry of their residence permit for work reasons, to apply for a residence permit while awaiting employment. The duration of this permit is not inferior to one year, that is for the whole period in which foreigners receive income support (unemployment support, mobility benefit), thus even more than one year.
Residence permits while awaiting employment can be issued for more than one year if the worker :
1. receives a mobility benefit, thus for the whole duration of the actual benefit; 2. belongs to a family unit already established on the national territory, with one member
that can prove to have sufficient resources, that is an income, at least equal to the amount of the social cheque, that is 5,824.91 Euros a year.
The Circular of the Ministry of Interior The Ministry of Interior reminded the Questuras that, on the basis of the above mentioned law, residence permits while awaiting employment can be issued with a duration lasting even more than one year, since the legislator did not set a maximum limit to its renewal.
Questuras must evaluate the applicants’ situations case by case, paying particular attention to family bonds, the amount of years spent in Italy and possible criminal records. Basically, in evaluating applications for the renewal of residence permits while awaiting employment, the Questuras are to keep into consideration the level of "social inclusion," that is applicants’ integration.
The Circular of the Ministry of Interior also clarifies that for the renewal of residence permits while awaiting employment it is nonetheless necessary to have a minimum income, at least equal to the annual amount of the social cheque. This minimum income can be established "also keeping into consideration the total annual income of family members living with the applicant." Therefore, for example, an unemployed foreigner can apply for the issuing of a residence permit while awaiting employment if living with an employed family member.
Read the news in Italian
Sostegno all'Inclusione Attiva (SIA) [Support for Active Inclusion] As of 2 September it is possible to submit applications for accessing the new service aimed at fighting poverty. The right to access the service is granted also to foreign long-term residents and international protection holders
Ministerial Decree dated 26 May 2016 has totally rethought and extended to the whole national territory the so-called Sostegno per l'Inclusione Attiva (SIA), already implemented in big cities since 2013 and known as "experimental purchasing card."
What is Sostegno per l'Inclusione Attiva? Sostegno per l'Inclusione Attiva (SIA) is a measure aimed at fighting poverty by granting an economic subsidy to families in poor economic conditions and in which at least one member is a minor or a disabled child or a pregnant woman whose pregnancy must be verified.
The measure – a credit card allowing to purchase staple commodities – goes along with the Ordinary Purchasing Card (benefit limited to people over sixty-five years of age and parents with children under three years of age), which continues to be paid.
Requirements Compared to the past decree, the new one has increased the range of requirements for family units to be able to apply for the contribution: in fact, besides the presence of a minor child, now it is also possible in the presence of a disabled child, or a pregnant woman whose pregnancy must be verified. Whereas, it is no longer required, as in the past, for the members of the family unit to be unemployed and for at least one member to have carried out continuous work for a minimum of six months in the three years prior the application.
In order to have right to the contribution, the ISEE value (indicator of the economic situation) must be less than 3,000 Euros. Family units with a higher number of minor children are favoured, especially if small (age 0-3), as well as those with a single parent or with seriously disabled or not self-sufficient members. All family requirements are verified in the statement submitted for the ISEE.
Personalized project for social and labour activation The new measure follows a rule already implemented for the experimental purchasing card, that is it is granted only if the benefitting party participates in a "personalized project for social and labour activation" organized and managed by Municipalities.
Therefore, in order to benefit from the economic support, the family unit must enter into and comply with an insertion agreement with the social services of the local bodies of reference. In turn, the social services undertake to help in the process of social inclusion and activation of all the members of the family unit through accompanying services. Moreover, the measure also promotes connection with employment centres, with centres involved in the participation of adults in the labour market, and with educational and health structures for minors’ compliance with the obligation to attend school and to follow paediatric health protocols.
Foreign citizens
The benefit is granted not only to Italian and EU citizens, but also to:
Relatives of Italian or EU citizens, not in possession of a Member State’s citizenship, holding a residence right or a permanent residence right;
Foreign citizens in possession of an EU residence permit for long-term residents ;
International protection holders (political asylum, subsidiary protection)
Applicants must result - at the moment of submitting application and for the whole duration of the granting of the benefit - resident in Italy and to have been resident for at least two years at the moment of submitting application.
The characteristics of the service
As for the Ordinary Purchasing Card, the mentioned benefit is granted every two months and is paid through an Electronic Payment Card (Carta SIA). The Card allows to carry out purchases in all supermarkets, food stores, pharmacies and over-the-counter pharmacies working within a Mastercard circuit. The Card can also be used at post offices to pay electricity and gas bills. Moreover, it gives right to a 5% discount on purchases carried out in shops and pharmacies operating within the agreement, with the exception of drugs and health tickets. Finally, the Card allows to have direct access to the subsidized electricity tariff, upon the condition of filling in the specially provided section in the application form. It is not possible to withdraw cash or top up the Card.
Cards are issued by Poste Italiane with a financial availability for the first two-month period established on the basis of the number of people in the family unit (for a one-member family unit the benefit is equal to 80 Euros a month, for a two-member family unit the benefit is equal to 160 Euros a month, for a three-member family unit it is equal to 240 Euros a month, for a four-member family unit it is equal to 320 Euros a month, and for family units with 5 or more members the benefit is equal to 400 Euros a month).
Submission of applications
Applications for the SIA can be submitted to Municipalities as of 2 September 2016. If satisfying the necessary requirements, INPS provides the economic benefit within two months from submission.
Read the news in Italian
Legalization of certificates and documents: novelties for citizens from Morocco, Kosovo, Chile and Brazil
Morocco, Kosovo, Chile and Brazil have recently signed the Hague Convention of 5 October 1961 which provides for the abolition of the legalization of foreign public documents and for the adoption of apostilles.
What is legalization?
In order to have value in Italy, foreign certificates and documents must be legalized by the Italian diplomatic-consular offices abroad. Said certificates and documents - with the exception of the multilingual ones as provided for by International Agreements - must also be translated into Italian. Translations must be provided with a stamp “certifying the translation.” In Countries that recognize the legal figure of official translators, said certification can be carried out by the actual translator, whose signature is then legalized by the consular office.
In Countries that do not recognize the mentioned figure, it is necessary for consular offices to carry out legal certification.
In order to proceed with legalization, applicants must set an appointment with the consular office presenting the original copy of the document to be legalized.
In order to proceed with the certification of a translation, applicants must set an appointment with the consular office presenting the document in the original language and related translation into Italian.
What is an apostille?
The Countries that signed the Hague Convention of 5 October 1961 for the abolition of the legalization of foreign public documents do not need to legalize certificates and documents issued by foreign authorities; whereas, they follow another formality: the placing of a postilla (or apostille).
Therefore, a person coming from a signatory Country of this Convention is not required to go to a Consular office for legalization, but to the domestic cognizant authority appointed by each State – and indicated for each Country upon signing the Convention (usually it is the Ministry of Foreign Affairs) – to obtain the placing of an apostille on the document. This procedure allows the document to be legally recognized in Italy.
The updated list of the signatory Countries of the Hague Agreement and of the authorities cognizant for placing apostilles for the States is available on the website of the Hague Conference: http://www.hcch.net/
The new signatory Countries
The Kingdom of Morocco and Brazil signed the Hague Convention with effect from 14 August 2016; Chile with effect from 30 August, Kosovo with effect from 14 July. Kosovo’s joining however was not accepted by the following Countries: Germany, Argentina, Australia, Azerbaijan, Belarus, China (Honk Kong and Macao), Cyprus, Ecuador, Spain, Georgia, Greece, India, Israel, Mauritius, Mexico, Moldova, Namibia, Nicaragua, Uzbekistan, Paraguay, Peru, Poland, Romania, Russia, Serbia, Slovakia, Ukraine and Venezuela. Morocco’s joining was not accepted by Germany.
Therefore, the Italian Consular Offices in the four new signatory Countries are no longer authorized to legalize public documents destined to have value in Italy. These documents, including related translations made by sworn translators, must be provided with apostilles in compliance with the Convention.
The same is valid for Italian documents which to be used in the foreign citizens’ Countries of origin must be provided with apostilles issued by the Italian cognizant authorities.
In order to explain this novelty to its citizens, the Kingdom of Morocco created a website in Arabic and French, www.apostille.ma . The latter allows:
-to submit requests on-line for apostilles
-to control the authenticity of apostilles
Read the news in Italian
RULINGS
Residence permit tax The Consiglio di Stato has suspended the enforceability of TAR’s ruling which in May had established that foreign citizens’ contribution was too high
The Regional Administrative Court (TAR) of Lazio with a ruling filed on 24 May 2016 upheld the appeal against the tax in force for issuing and renewing residence permits.
In fact, the TAR ruled against the national law that obliges Third Country Nationals applying for the issuing or renewal of a residence permit to pay a variable contribution between 80 and 200 Euros.
Against TAR’s decision, the Government lodged an appeal at the Consiglio di Stato which suspended the enforceability of the ruling of the TAR of Lazio.
Therefore, at the moment, in order to obtain the issuing or renewal of a residence permit it is necessary to pay the tax as provided for by Art. 5 Paragraph 2 ter of the Consolidated Act on Immigration, equal to a variable amount - according to the type of permit requested - from 80 to 200 Euros.
Read the news in Italian
The expulsion of a foreign citizen whose minor child is an EU citizen is possible only in extremely serious cases Ruling of the Court of Justice dated 13 September 2016
The European Court of Justice confirmed the principle, already asserted in previous rulings, according to which non-EU citizens have the right to reside in a State of the European Union if they have important family bonds in said territory even in they have carried out crimes.
The specific case concerned a foreign parent and the only custodian of an EU citizen minor who, had the parent been sent away, would have had to leave the territory of the European Union and renounce to related rights connected to the status of European citizen. The Court reasserted that this can be carried out only if the foreigner’s conduct constitutes an actual, real and sufficiently serious threat for the Member State. In order to assess if this derogation is in line with the principle of proportionality, it is necessary to keep into consideration several criteria, such as the duration of the stay, age, health conditions, family and economic situation, social and cultural integration, the importance of the citizen’s bonds with the country of origin and the level of seriousness of the offence.
Read the news in Italian
NEWS FROM THE ADMINISTRATION
Assisted Voluntary Return and reintegration for Third Country Nationals
The list of the projects admitted to the funding by the Ministry of Interior
The Ministry of Interior has published the list of assisted voluntary projects financed in 2016 and destined to about 3,000 Third Country Nationals.
What is Assisted Voluntary Return?
The Assisted Voluntary Return (AVR) is a programme that allows to return voluntarily and deliberately to one’s country of origin in conditions of safety and with adequate assistance. The AVR provides assistance in organizing and paying the trip as well as support in the social and labour reintegration in the country of origin providing both goods and services. The Return is meant as one of the phases of the individual migratory project and not necessarily as its failure.
Upon departure, those who benefit from the AVR programme renounce to their status and residence permits, but are not subject to any prohibition as regards the possibility to re-enter regularly in Italy.
The ongoing projects
Addressees Project Proposing Party
Citizens coming from Albania, Morocco, Senegal, Tunisia
ERMES 2 The brochure of the project in various languages
CIES onlus
Citizens coming from Colombia, Ecuador, Ghana, Morocco, Peru, Nigeria, Senegal
Integrazione di ritorno 3 CIR onlus
Foreign citizens of all nationalities Back home Municipality of Giugliano in Campania(Naples)
Foreign citizens of all nationalities Back to the future the general information of the project
GUS-Gruppo Umana Solidarietà “Guido Puletti”
Foreign citizens of all nationalities RISTART the general information of the project
OIM
Italia Startup Visa: an appealing programme for innovative entrepreneurs
Launched by the Ministry for Economic Development (MISE) about two years ago, the programme “Italia Startup Visa” has modified the standard path for granting visas for autonomous work. In fact, it has introduced simpler and faster procedures for foreign citizens who want to establish an innovative startup in our Country (italiastartupvisa.mise.gov.it). The procedure
The Italia Startup Visa procedure concerns non-EU entrepreneurs wanting to launch an innovative startup in Italy, that is a new enterprise, with a business strongly connected to innovation and technology. The innovative startup must be organized as a company, established even as a cooperative, and satisfy a series of requirements (for example, 4 years of operativeness, a turnover of at least 5 million Euros, etc.). The procedure for entering Italy is, in these cases, completely centralized (that is, assessed by a committee made of representatives belonging to recognized and qualified associations at national level and strongly connected to the reality of start-ups) and computerized (candidates communicate with the Italian administration online through the email address [email protected], up to the withdrawal of the physical visa at the cognizant diplomatic-consular premises). The procedure is greatly simplified and accelerated, to the point that a sure answer is provided within 30 days. Italia Startup Hub
At the end of 2014, following the example of Italia Startup Visa, the Italia Startup Hub programme was launched extending the implementation of the simplified procedure also to foreign citizens already present in Italy and wanting to remain in order to launch an innovative startup. The Italia Startup Hub programme allows to convert residence permits in expiry into “permits for autonomous work with startups” without having to exit the Italian territory and benefitting from the same simplified modalities provided in granting startup visas. The figures of the programme
At 31 August 2016, the Italia Startup Visa programme counted 132 candidature applications. About 70% of candidates are male, with an age averaging 35. Applicants come from 29 different Countries. The most represented is Russia, with 30 applications (22.7% out of the total), followed by the United States, Pakistan, Ukraine and China, as new entry. For further information - italiastartupvisa.mise.gov.it
Read the news in Italian
SERVICES, PROJECTS AND OPPORTUNITIES
University scholarships for international protection holders
Public notices are still open for academic year 2016/2017
The Migrants Integration Portal - in collaboration with UNHCR – has been enhanced with a section devoted to Italian University scholarships offered to international protection holders. Therefore, the mentioned page – created to help those interested in the related research - allows to access summarized profiles of each University, providing the main information (public notice, deadline, contacts, website, how to apply) and the links through which it is possible to submit candidatures.
Read the news in Italian Student orientation: the Municipality of Milan has provided a help desk
called “Cerco-Offro Scuola” The service is addressed to youngsters from 14 to 25 years of age coming from a migratory context
"Cerco-Offro Scuola" is a Help Desk providing student orientation to young people aged 14-25 with a migratory background arrived in Italy after January 2013.
The Help Desk provides reception, orientation and an accompanying service so as to help minors and youngsters newly arrived in the Municipality of Milan enrol in school, with the families’ involvement. Through individual interviews, the service provides information and specific moments of orientation towards an aware choice of educational paths.
The Help Desk also provides the following services: Reception; Reconstruction of educational path and documentation request; Research of secondary education / professional training courses and university orientation; Identification of resources and socialization outside the school; Information concerning Italian language courses for foreigners.
Access is upon appointment to be requested by e-mail at the following e-mail address: [email protected]
Go to the webpage devoted to the Help Desk of the Municipality of Milan
Read the news in Italian A multilingual guide on screening aimed at informing migrant citizens
Edited by the Provincial Health Authority of the Province of Trento in collaboration with Cinformi
Screening as a method to prevent several types of tumours, its importance and how to carry it out: these are the contents of the new multilingual guide realized in Trentino.
The guide aims at informing migrant citizens in particular, and has been distributed in surgeries and pharmacies. In autumn it will also be distributed to migrants’ associations.
The guide, besides in Italian, is provided in the following languages: Albanian, Arabic, Chinese, French, Macedonian, Romanian, Ukrainian, Urdu and Serbian/Croatian/Bosnian.
Read the guide
Read the news in Italian
“Il viaggio di Missih” [“Missih’s journey”]
A television channel thought for migrants which enables them to be informed on the various aspects of inclusive financing
A television channel is available on the web – "Il viaggio di Missih" – through which it is possible to obtain information on inclusive finance.
Thought for migrants, the channel provides simple information necessary for reflecting and deciding on daily finances.
"Il viaggio di Missih" is the result of a collaboration between ORIZZONTI.TV and Associazione di Volontariato ‘Migranti e Banche.’
To watch it:
http://orizzonti.tv/episodi/la-testimonianza-di-alicia-dallecuador/
Read the news in Italian
A free Italian language course for migrants in Rome
Casa Scalabrini 634 is launching the second edition of its Italian language course. Participation is free and open to asylum seekers, refugees, migrants, but also the local community.
During the first lesson, participants’ level of Italian will be tested so as to structure the programme consequently.
The course will start on 7 October 2016, and will be held every Monday and Friday from 6.30 p.m. to 8.00 p.m.. Enrolment and participation will be possible even after the beginning of the course, upon availability.
The lessons will be held at via Casilina, 634 – 00177 Rome (Casa Scalabrini 634).
For information:
Tel. 062411405
Mail: [email protected]
www.scalabrini634.it
Read the news in Italian
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