Comunità di S.Egidio

Peace People


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Rome, September 10th, 2002
Information concerning the regularization of foreign workers according to the laws n. 189 approved on July 30th, 2002, and d.L. 195 approved on September 9th, 2002.

 

WHO IS ELIGIBLE FOR REGULARIZATION?

1.  Woman or man, non-citizen of the European Union, performing domestic work that serves the needs of a family (e.g. collaborating with a family to serve as a baby-sitter).

2.  One or more persons, non-citizen of the European Union, actively assisting a member of a family affected by an illness or handicap that limits his/her self-sufficiency.

3.  One or more persons, non-citizen of the European Union, obtaining contracted, dependent work (i.e. working as an employee for an employer) for the minimal duration of one year.


WHO SHOULD APPLY FOR REGULARIZATION?

The employer, Italian or regularized foreigner, or legal representative of a society or company, should fill in the form issued by postal offices (white form for domestic work; blue form for other types of dependent work) declaring:

1.  Name, surname, citizenship of employer, regularity of the employer�s presence in Italy if the employer is a foreigner.

2.  Name, surname and nationality of the employee.

3.  Type of effected work (assistant, cleaner, worker, etc.) schedule. For domestic work, the schedule should be no less than 25 hours per week, and can be fulfilled by more than one employer. In every case, each employer pays in whole the contributions.

4.  Information on agreed salary, which cannot be less than the salary fixed by the national collective agreement (no less than 439 Euro for domestic work).

5.  Availability to draw up the resident contract for dependent work.

6.  Obligation to guarantee placement for housing and payment for travel expenses in the case of the employee�s return to his/her respective country.

In the declaration you have to enclose the following:

- A certification of the payment of the contribution for the three months preceding September 10th, specifying the employee�s name, surname, and date of birth on the back on the receipt. (The amount to be paid for domestic work is 290 Euro, for other types of work 700 Euro).

- In case of assistance of the elderly or sickly, a medical certificate verifying the necessity of assistance for a member of the family.

- Photocopy of employer�s identification.

- Photocopy of employee�s identification including all pages of his/her passport (or a letter from employee�s respective embassy attesting identity of applicant, and resident permit obtained by request for exile, etc.).


Procedures and Timing:

The postal offices distribute pre-stamped envelopes containing: the forms on which to write the declaration, payment receipt, the �received voucher,� instruction sheet, and list of countries with respective codes.

The declaration must be submitted by the employer or by a delegated person with a photocopy of the identity document of the employer. The deadline for domestic work is November 11th, and for all other types of work the deadline is October 10th. Outgoing forms must be post-marked no later than these deadlines.

Postal offices, upon delivering the application for regularization, issue a receipt (confirming payment for the application) to the employer. A photocopy of the completed form should be delivered to the worker, together with a copy of the receipt confirming that the application has been posted. (Expenses for posting the application in addition to the deposit of contributions are 40 Euro for domestic work and 100 Euro for other types of work).

It is opportune to make photocopies of all of the compiled materials before sending off the envelope. Parties concerned receive notice within two months from the time of presenting the application with the appointment at the offices of the Prefect-UTG, in which they will be able to complete the process of regularization and the immigrant will receive the resident permit.


WHO IS NOT ABLE TO APPLY FOR REGULARIZATION?

A.  Foreigners who have received an expulsion for administrative reasons, because they never had a residence permit. On the other hand, foreigners who have received an expulsion for not having renewed their residence permit are able to apply for regularization. 

B.  Foreigners who have received an expulsion in other European countries adhering to the Schengen Accord.

C.  Foreigners who have been denounced for a crime according to art. 380/381 of the Codice of penal procedures (aggressive theft, robbery, personal injury, damage, trafficking of drugs, etc.).

It is possible that the Parliament will decide within the next few days to permit the regularization of foreigners who have been administratively expulsed.

Anyone who has received an administrative expulsion, besides recourse of effecting the final stabilities of the law, is able, at every moment, to ask for its revocation to the Prefect that has issued the measure.


The law ensures a sentence of imprisonment for 2 to 9 months to whomever presents a false declaration


Comunità di Sant�Egidio - Peace People - Rome, Via Dandolo, 10 
For information: Wednesday, Thursday and Friday, hours 5-9 PM
e-mail: [email protected]

 


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