The Italian law "DECRETO FLUSSI" (Flow Decree) sets every year the number of people who can convert their permesso di soggiorno for studying/training/seasonal work purposes into permesso di soggiorno per lavoro subordinato e autonomo; it also sets how many non-EU citizens from certain categories can enter Italy for work reasons.
Non-EU citizens' access in Italy for lavoro subordinato non stagionale (non-seasonal employed work), stagionale (seasonal work) and lavoro autonomo is regulated by the Decreto Flussi.
Entry visas for work reasons are limited by the quotas decided every year by the Decreto Flussi.
In order to forward your application for an entry visa, you must wait for the publication of the Decreto Flussi and follow its instructions and deadlines.
The REQUIREMENTS for issuing the nulla osta are specified in the Decreto Flussi, but, in general, are as follows:
· the employer must possess a minimum income;
· the foreign worker must have an accommodation;
· a proposal for a residence contract containing all the essential elements of the agreement (benefits, timetable, employment contract) must be provided, with a commitment to pay for the return journey of the foreign national to his country of origin or provenance in the event of a removal order;
· declaration of non-existence of grounds preventing the foreign worker from entering.
AUTHORIZATIONS FOR LAVORO SUBORDINATO IN SPECIAL CASES
For certain types of employment contracts, the law provides for entry into Italy without quota restrictions.
The employer can submit the authorization request exclusively by filling out the relevant online form at https://portaleservizi.dlci.interno.it/AliSportello/ali/home.htm
In order to access to these procedures, the applicant must access the AliSportello web Portal with his SPID (Italy's digital recognition system) credentials. Access is not permitted with corporate users or users associated with 'temporary' e-mail domains.
THE PROCEDURE
The employer who intends to hire a worker residing abroad must send the telematic request, within the time and date indicated by the Decreto Flussi, to the AliSportello web address by filling in the specific form and simultaneously attaching the documentation provided for each type within the specific section 'Upload Attachments'.
Access to AliSportello to submit applications is exclusively via SPID credentials.
Once the application has been submitted, all subsequent communications will be delivered electronically on the personal homepage of the ALI Services Portal and will be available under "COMMUNICATIONS".
The Sportello Unico per l'Immigrazione manages the entire procedure relating to the hiring of foreign subordinate workers on a fixed-term and open-ended basis; therefore, the Sportello also regulates the issuance of the authorizations (nulla osta) for the employment of the foreign worker.
The Sportello processes the applications in chronological order. First, it verifies the validity of the contractual conditions in the application with the aid of Ispettorato Territoriale del Lavoro, and secondly checks the worker's eligibility conditions for entry into the Schengen area with help from Ufficio Immigrazione della Questura (Immigration Office of the Police Headquarters). If the investigation is successfully concluded, the employer is informed of the issue of a nulla osta for employment, valid for six months.
At the request of the employer, the Sportello transmits the authorization to the diplomatic representation of the worker's country of residence.
After the necessary checks have been carried out, the consular offices of the foreign citizen's country of residence or origin issue an entry visa.
The foreign citizen must notify the Sportello by certified email (P.E.C.) of his entry into Italy within 8 days of his arrival; he must also attach a copy of his visa and entry stamp.
The Sportello will then make an appointment and will specify the necessary documentation. During the meeting, the residence contract will be signed and will be kept there and forwarded to the competent consular authority and to the competent employment centre.
At the same time, the Sportello gives the foreign citizen the special postal kit for applying for a work permit to be sent to the Questura Immigration Office.
The signing of the contract requires the presence of both parties. Alternatively, any representative must have a special power of attorney in the form of a public deed or an authenticated private contract.
Receipt of the application for a permesso di soggiorno allows the holder to enjoy the rights of residency and, in particular, registration with the civil registry office and registration with the national health service.
Presso:
Prefettura di Cremona