Country Update 2024: ITALY

Contributed by: Ettore Berretta

May 2024

1. Legislative Changes:

Legislative Updates on Immigration in Italy (June 2023 - May 2024):

• Decree Law No. 79 of June 28, 2023 ("Migrants Decree"):

  Introduces a seasonal work entry visa for non-EU citizens from low-income countries.

  Streamlines the procedures for issuing study permits. Introduces new rules to combat illegal immigration and labour exploitation.

• Decree Law No. 113 of August 4, 2023 ("Aiuti-bis Decree"):

  Establishes the Fund for the Integration of Foreign Citizens.

  Provides for measures to strengthen reception services and labour integration of refugees.

• Circular of the Ministry of Labor and Social Policies of April 20, 2024:

  Provides clarifications on the procedures for submitting applications for seasonal work entry visas.

• Supreme Court of Cassation Judgment of May 12, 2024:

  Establishes that the humanitarian residence permit can be renewed even if the applicant has not yet found a job.

2. Business Immigration:

The Presidential Decree of December 22, 2023, has amended the Testo Unico Immigrazione, Immigration Law (Legislative Decree 286/1998) to simplify the procedures for obtaining a work permit.

Specifically, the decree eliminates the requirement for clearance from the Central Immigration Service for certain categories of workers, such as company executives, researchers, and teachers.

The decree also introduces new provisions for family reunification of foreign workers.

Elimination of the nulla osta requirement: The nulla osta was a document that had to be obtained from the Central Immigration Service before a foreign worker could apply for a work permit. This requirement has been eliminated for certain categories of workers, which should make it easier and faster for them to obtain a work permit.

Streamlined procedures for company executives, researchers, and teachers: the decree introduces specific procedures for obtaining a work permit for company executives, researchers, and teachers. These procedures are designed to be more streamlined and efficient than the general procedures.

New provisions for family reunification: The decree also introduces new provisions for family reunification of foreign workers. These provisions make it easier for foreign workers to bring their spouses and children to Italy to live with them.

These changes are part of a broader effort by the Italian government to make it easier for skilled workers to immigrate to Italy. The government believes that immigration is essential to the country's economic growth and competitiveness.

3. Asylum:

New Directives for Examining Asylum Applications: The Italian Ministry of Interior has issued new directives for examining asylum applications with the aim of expediting the process and reducing the backlog of pending applications. The new directives introduce a "priority" system whereby applications from citizens of countries with a high refugee recognition rate will be processed more quickly.

Increased Reception Facilities: The government has allocated resources to increase the number of reception facilities available for asylum seekers. New reception centers have been opened in various regions of Italy, and funding has been increased for NGOs that manage existing centers.

Measures for Refugee Integration: The government has adopted a series of measures to promote the integration of refugees into Italian society. These include Italian language courses, vocational training programs, and support for job placement.

4. Deportation:

Viminale Decree, entered into force in February 2024, introduced new rules to combat illegal immigration and the expulsion of irregular foreigners. The decree has simplified expulsion procedures and introduced new sanctions for those who help irregular foreigners to remain on Italian territory.

Measures for Effective Repatriation: Measures have been adopted to make the repatriation of irregular foreigners with expulsion orders more effective. These measures include an increase in repatriation flights and closer cooperation with countries of origin.

5. Citizenship:

• Decree-Law No. 79 of June 28, 2023 ("Migrants Decree"):

  Introduction of an accelerated procedure for acquiring citizenship for children born in Italy to foreign parents who have been legally residing in the country for at least 5 years (reduced to 4 years for children born to parents who have worked in Italy for at least two years).

  Reduction from 10 to 5 years of the required residency period for the recognition of citizenship for spouses of Italian citizens.

  Possibility of acquiring Italian citizenship for foreigners who enlist in the Italian Armed Forces.

• Circular of the Ministry of Justice of November 23, 2023.

  Provides clarifications on the procedures for submitting applications for citizenship for children of foreign parents. The application can be submitted to the municipality of residence of the minor within 12 years of age. A number of documents must be attached to the application, including the minor's birth certificate and the parents' civil status certificate.

• Judgment of the Court of Cassation of February 14, 2024.

  Establishes that grandchildren born abroad to Italian citizens can acquire Italian citizenship iure sanguinis even if their parents have never lived in Italy.

  The ruling opens the way for a possible increase in the number of Italian citizens abroad.