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Legal questions and answers Italy

Decreto flussi: My student permit has expired. Can I apply to convert it?

Question: Hi, I came to Italy in 2007 with a student visa and was issued the Permit of Stay for studies. I succeeded to renew the permit when it expired in 2008 but failed to renew it in 2009 because I didn’t have money to pay for my school fees. I’d like to find out if I can apply for conversion of this permit to work permit.

Answer: Since your Permit of Stay for studies has expired, you can’t apply to convert it into Permit of Stay for work. But if you have an employer, then he/she can apply for authorization to work (nulla osta) for you as is done for all workers who are still abroad. If you’ll be lucky to be issued the authorization to work, you’ll have to travel to your home country to apply for work visa before returning to Italy to apply for Permit of Stay for work.

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Decreto flussi: Are there people excluded from application?

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Decreto flussi: Are there people excluded from application?

Question: Hi! I’d like to apply for authorization to work (nulla osta) for Moroccan caregiver, but someone informed that I can’t apply for a Moroccan. Is this true? My second question is, what’s the minimum income requirement for hiring a caregiver? Thank you.

Answer: You can certainly apply for authorization to work (nulla osta) for a Moroccan caregiver or for any other foreign worker from any country. No country is excluded from this exercise.

If the employer would like to hire a caregiver (badante) for him/herself, or for a family member who is seriously sick and is not self-sufficient, then the employer doesn’t need to prove that he/she has any source of income (there is no minimum income requirement). The employer must however, present the medical certificate from a doctor or ASL showing that the person to be assisted is not self-sufficient.

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Decreto flussi: The right forms to use in preparing applications

It is very important for you to use the right form in preparing and submitting your application. If you use the wrong form, you may have to submit a new application and this will certainly reduce your chances of obtaining the authorisation to work (nulla osta). Please make sure you choose and fill in the appropriate form.

The forms to be used in preparing and submitting the applications

Application for authorisation to work (nulla osta) for domestic workers: “Modulo A”

Application for authorisation to work (nulla osta) for subordinate workers: “Modulo B”

Application for authorisation to work (nulla osta) for subordinate workers who underwent training and formation organized by Italian institutions in their home countries; and for descendants of Italians in Argentina, Uruguay, Venezuela and Brazil who are enrolled at the Italian Consulates in their home countries: “Modulo BPS”

Application for authorisation to work (nulla osta) for subordinate workers who are holders of EC long-term residence permits issued by other EU Member States: “Modulo LS”

Application for authorisation to work (nulla osta) for domestic workers who are holders of EC long-term residence permits issued by other EU Member States: “Modulo LS1 “

Application to verify if there are quotas for self-employed workers and for certificate showing that the applicant meets the requirements for self-employed work, for holders of EC long-term residence permits issued by other EU Member States: “Modulo LS2”

Application to verify if there are quotas for conversion of student and apprentice permits to subordinate work permits: “Modulo VA”

Application to verify if there are quotas for conversion of the seasonal work permits to subordinate work permits: “Modulo VB”

Application to verify if there are quotas for self-employed workers and for the certificate showing that the applicant meets the requirements for self-employed work: “Modulo Z”

You must register on the website of the Ministry of Home Affairs (www.interno.it) in order to have access to reserved area for applicants.

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Decreto flussi: Where to seek help in preparing applications

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Decreto flussi: Where to seek help in preparing applications

Benevolent Institutions, work consultants and professional associations ready to help

Those who would like to apply for authorisation to work under the newly published Quota Agreement (Decreto flussi) but do not know how to go about it can seek the help of Benevolent Institutions (Patronati), work consultants and professional associations.

Most of them have signed agreements with the Ministry of Home Affairs allowing their staff members to compile and submit unlimited number of applications.

The applications will be registered in their systems one after the other. This means that if you are the first person to go to a given office to ask them to prepare your application, then yours will be the first application in their system. The one who will come after you will be the second, etc.

It is important to note that while these offices will be able to send all their applications with a click, it doesn’t mean that Ministry of Home Affairs will receive all their applications at once. These applications will be received one by one, depending on their position in the list; on the traffic on the website of the Ministry of Home Affairs; as well as on the number of other applications being submitted at the same time by others.

Since each Benevolent Institution, work consultant or professional association will have a long list of applications, most probably those at the top of the list will have higher chances of obtaining the authorisation to work than those at the bottom of the list. This is because the authorizations will be issued on the first come first served basis, if the required conditions are met.

Therefore, if you’d like to seek help of these offices in preparing and submitting your application, it is important to do it right away so that you can be amongst the very first in their lists. You may also want to inquire with them to find out how many other applications they’ve prepared before yours so that you can decide whether to do it with them or to move elsewhere.

We would advise you to avoid doing it with those who have already compiled a very long list of applications.

The Benevolent Institutions are providing this service for free and they cannot force you to join them by paying the membership fee.

Professional associations will mainly be submitting applications on behalf of their members while work consultants will be assisting the companies they usually work for.

Three years ago, grouped applications from these offices blocked the system receiving the applications at the Ministry of Home Affairs. All the people whose applications had not been submitted by the time the system went on tilt were unlucky because their applications arrived late.

Assindatcolf, the association of employers of domestic workers is convinced that the Ministry of Home Affairs has improved the system for receiving the applications.

The ministry has also assured the Benevolent Institutions that they have a better system this time.

Mr. Piero Bombardieri, head of Immigrations Department at the Ital Uil Benevolent Institution said that this time they’ll use many computers to send the applications so as to avoid sending so many from the same computer.

The other Benevolent Institutions helping with the preparation of applications are Inca-Cgil, Acli, Inas Cisl, etc. To find out one nearest to you, please walk into any office of the trade union (sindacato). Normally they are within the same premises.

The main advantage of seeking help of the above offices is that they have staff who are trained to handle the applications. They know all the requirements and will therefore ensure you meet those requirements before preparing and submitting your application. The disadvantage is that most likely they’ll have a very long list of applications to submit so if you are at the bottom of the list, your application risks arriving late hence limiting your chances of being issued the authorization to work (nulla osta).

By Stephen Ogongo Ongong’a

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Decreto Flussi: Manuals on how to apply

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Decreto Flussi: Manuals on how to apply

Ministry of Home Affairs has prepared two manuals explaining how to submit the applications for the authorisation to work (nulla osta) under the newly published Quota Agreement (Decreto flussi.

There are two manuals; one explaining in detail all the steps to be followed in submitting the applications, and the other, which is a brief guide explaining how to use the “Sportello Unico Immigrazione” software to prepare and submit the application.

Download the full Manual

Download Brief Guide explaining how to use the “Sportello Unico Immigrazione”

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