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Decreto flussi: Can I apply to employ my relative?

Any non-EU foreigner who lives in Italy legally and has enough income can apply for authorisation to work (nulla osta) for his/her relative. For instance, a non-EU foreigner can apply as an employer of his/her spouse.

It is also possible to apply for authorisation to work for one’s brother, sister, cousin, etc.

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Decreto flussi: What's the income requirement for employing a domestic worker?

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Decreto flussi: Working conditions

If you’d like to apply for authorisation to work (nulla osta) for a foreign worker, the work contract must not be for less than 20 hours per week. At the same time, the worker’s salary must not be lower than the amount established by the applicable national collective agreement which varies depending on the type of work and rank.

The employer must also ensure that the worker has suitable accommodation (which can as well be the employer’s home/apartment). This must be proved by presenting the certificate of suitable accommodation issued by the competent offices from the employer’s City Council of residence.

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Decreto flussi: Who can apply to hire a foreign worker?

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Decreto flussi: What is required of the foreign worker?

Foreigners who would like to come to Italy for work can only be given green light if they’ve never been expelled from the country. Those who have been condemned for any of the following crimes will also be denied access to the country: Aiding and abetting illegal immigration; exploitation of prostitution; drug trafficking; sales of counterfeit goods; robbery; injuries to people.

The application for authorisation to work (nulla osta) for a foreign worker who has been condemned for any of the above crimes is most likely to be rejected.

RELATED ARTICLE
Decreto flussi: Who can apply to hire a foreign worker?

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Decreto flussi: What's the income requirement for employing other workers?

There is no fixed income required of one who would like to employ a non-EU foreign worker who is not a domestic worker. This leaves the officers at the Immigrations Offices at the Prefectures with wide room to make a discretionary decision.

While examining the application, the officers will take into consideration many factors including: the number of applications for authorisation to work (nulla osta) submitted by the same employer; whether the application meets the requirements for the applicable national collective agreement; the costs involved in paying the worker’s salary and social security contributions; the company’s staff needs; the company’s income; the number of people employed by the same company; etc.

In case of a new company that has not yet submitted income tax returns, the officers will take into consideration the company’s presumed income, property, etc.

RELATED ARTICLE
Decreto flussi: What's the income requirement for employing a domestic worker?

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Decreto flussi: General rules and when to submit applications

Non-EU citizens already in Italy can only be employed if they are holders of permits entitling them to work, such as Permit of Stay for family reasons, non-seasonal subordinate work, studies (for a maximum of 20 hours per week or for a maximum of 1040 hours per year), political refugees and humanitarian protection.

In all other cases, the employer must wait for the publication of the Quota Agreement (Decreto flussi) before applying for the authorization to hire the worker. The hiring can only be done once the employer is issued the authorization to work (nulla osta).

The non-EU foreign worker for whom the authorisation to work (nulla osta) is being applied must either be living abroad or in Italy legally.

The newly published Decreto flussi has also reserved some quotas for conversion of other permits such as student permits, apprentice permits, seasonal work permits, etc to subordinate work permits.

Deadline for submitting applications

Employers who would like to hire all categories of workers from countries with reserved quotas can submit their applications from 31st January 2011 at 8.00 am.

Employers who would like to hire domestic workers from countries without reserved quotas can submit their applications from 2nd February 2011 at 8.00 am.

Employers who would like to all other workers from countries without reserved quotas can submit their applications from 3rd February 2011 at 8.00 am.

It is however not clear when to submit the applications for conversion of other permits to work permits. By reading the Decreto flussi, it seems that those from countries with reserved quotas should submit their applications on 31st January 2011, at 8.00 am. It also seems that those from countries without reserved quotas should submit their applications on 3rd February 2011 at 8.00 am. The most logical thing is that all applications for conversion of permits should be submitted on 3rd February 2011 at 8.00 am. We hope the Ministry of Home Affairs will issue statement clarifying this.

It will be possible to submit applications for authorisation to work (nulla osta) within six months from the date of the publication of the Decreto flussi on the Official Gazette (It was published on 31st December 2010).

The applications for authorisation to work can only be submitted on the date established by the Decreto flussi.

Please note that all applications submitted before the date and time established by the Decreto flussi will not be taken into consideration.

It is very important to remember that the quotas will be allocated on the first come first served basis. To increase your chances of obtaining the quota, please make sure you submit your application on the established date and time. Normally the quotas are exhausted within 15 minutes from the moment the government begins receiving applications. This means that for instance, if the applications are to be submitted on a given date from 8.00 am, by 8.15 am all the available quotas are most likely to have been exhausted. So prepare in advance and be among the very first to submit their applications.

RELATED ARTICLE
Decreto flussi: Breakdown of quotas

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