Italy’s current immigration law is based on a combination of national regulations and European Union (EU) directives. The main legislation governing immigration in Italy is the Immigration Act (Legislative Decree No. 286 of 1998), also known as the “Testo Unico sull’Immigrazione” (Consolidated Act on Immigration). This has been updated over time to reflect changes in Italian and EU immigration policies.
Key Provisions of Italy’s Immigration Law:
1. Entry into Italy
- Visa Requirement: Non-EU citizens generally require a visa to enter Italy, except for citizens of certain countries with bilateral agreements. Types of visas include short-stay (Schengen visa), long-stay visas, work visas, study visas, and family reunification visas.
- Schengen Visa: Italy is part of the Schengen Area, which allows travelers to move freely within Schengen countries for up to 90 days within a 180-day period without the need for a separate visa for each country.
- Residence Permit: Non-EU citizens who plan to stay in Italy for more than 90 days must apply for a residence permit (permesso di soggiorno) within eight days of their arrival.
2. Residence Permit (Permesso di Soggiorno)
The residence permit is required for non-EU citizens staying in Italy for over three months. The type of permit varies depending on the purpose of the stay:
- Work Permit: Issued for those who have a valid job offer. Italy sets annual quotas for foreign workers through the decreto flussi, allowing non-EU citizens to work in Italy in various sectors such as agriculture, tourism, and domestic work.
- Study Permit: For non-EU students enrolled in Italian educational institutions.
- Family Reunification: Allows legal residents to bring close family members (e.g., spouses, minor children) to Italy.
- Permanent Residence: After five continuous years of legal residence, non-EU citizens may apply for an EU long-term residence permit.
3. Asylum Seekers and Refugees
Italy adheres to international and European conventions regarding the protection of asylum seekers and refugees:
- Right to Asylum: Individuals who face persecution in their home country can apply for asylum in Italy.
- Temporary Protection: Italy may offer temporary protection to people facing large-scale displacement due to war or other crises (this was implemented for Ukrainians following the 2022 invasion by Russia).
- Asylum seekers are entitled to remain in Italy while their application is processed, though the approval process can be lengthy.
4. Legalization of Illegal Immigrants
In certain situations, Italy has passed regularization programs for illegal immigrants, allowing those who meet specific criteria (such as continuous residence or having a job) to legalize their status.
5. Deportation and Expulsion
Italy reserves the right to deport or expel non-EU citizens who:
- Enter the country illegally.
- Overstay their visas.
- Commit serious crimes.
However, there are protections in place for asylum seekers and those facing persecution or serious danger in their home countries.
6. Integration Measures
Italy promotes the integration of immigrants into society through:
- Language and Civic Courses: Immigrants may be required to take courses in Italian language and culture.
- Residence Contract: Non-EU immigrants may need to sign an integration agreement (accordo di integrazione) when they apply for a residence permit, committing to specific integration objectives.
7. EU Citizens
Citizens of EU countries have the right to enter and stay in Italy without a visa. If they plan to stay for more than 90 days, they must register with the local authorities.
8. Immigration Quotas
Each year, Italy sets quotas for the number of non-EU workers allowed to enter the country for employment. This quota is based on the “decreto flussi” (Flow Decree), and specific numbers are allocated for different job sectors.
Recent Updates:
In recent years, the Italian government has introduced changes to the immigration system to address challenges like irregular immigration and the refugee crisis. These include:
- Stricter Border Controls: Increased surveillance and cooperation with EU countries to manage sea arrivals.
- Humanitarian Protections: Italy has revised some humanitarian protection statuses and streamlined the asylum process to make it more efficient, though this has also led to criticism from human rights groups.
- Temporary Protections: In response to the ongoing war in Ukraine, Italy implemented special protections for Ukrainian refugees, in line with EU policies.
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