On 13 May 2020, the Italian Government published the draft of the “Decreto Rilancio” – Restart Decree – containing the provisions on the regularization of non-EU citizens illegally present within the Italian territory. Since the decree has not been published in the Official Journal, it is yet to enter into force.
Contrary to expectations, the decree provides for strong limitations to the regularization of illegal immigrants.
Find below a short summary of the Immigration Amnesty Law’s main features.
- Foreign workers who can apply for the regularization procedure: house helpers, caregivers, and workers employed in agriculture, farming, fishing, and similar and connected activities.
- Employers who can submit the regularization application: Italian citizens, EU citizens, and non-EU citizens with an EU long-term residence permit (previously known as residence card).
- Foreign citizens eligible for regularization: only those people who, before 08 March 2020: a) were subjected to photographic identification by the police but were not deported (refugees who arrived in Italy by sea, asylum seekers); b) were legally allowed to enter Italy and had their passport stamped by the Italian airport border authorities; c) entered Italy from another Schengen country holding a valid entry visa, and registered their presence in the country with the relevant police headquarters (questura) within 8 days from their arrival; d) as of 31 August 2019, held an expired residence permit, which they never renewed. Foreign immigrants who were deported or received a criminal conviction for a range of specific crimes cannot submit a regularization application in any case.
- Effects of the regularization application: in order to submit the application, the employer must report to have hired an illegal immigrant (which normally leads to criminal and administrative penalties). Yet, in the event of an application submitted in the context of the Immigration Amnesty Law, all criminal and administrative proceedings derived from hiring illegal immigrants are suspended (but not cancelled). Still, if the regularization application is not accepted, the employer will be charged with the relevant criminal and administrative penalties pursuant to the Law.
- When to submit the application: from 01 June 2020 till 15 July 2020, according to the procedure that will be announced within 10 days from the date of publication of the Decree.
- How much does it cost: the immigration procedure requires payment of a € 560 (€ 400 + € 160) fee. The employer must also pay a one-time contribution, which amount is yet to be determined, and which will be announced in the next few days.
Further information on the different features of the Immigration Amnesty Law – Sanatoria – will become available in the next few days.