Practical Guide for Romanian emigrants in Italy
Among the provisions with an important impact on labour migration segment, it can be mentioned: circulation regime changing after the Romania adhesion at European Union (1st January 2007), bilateral agreements regarding readmission on Romanian territory.
Before January 2007, it was compulsory to show a passport in the moment of exit from the country. At the present moment, it is necessary only the Identification Document (I.D) or a valid passport, without the Border Police exit stamp on any of these documents, anymore. The exit from the Romanian territory is allowed at any Border check points open for the civilians.
The Member States of the European Union allowing entry on their territory only with the I.D. are: Austria, Estonia, Ireland, Malta, Slovenia, Bulgaria, Finland, Italy, Great Britain, Spain, Czech republic, France, Latonia, Holland, Hungary, Cyprus, Germany, Lithuania, Poland, Denmark, Greece, Luxembourg, Portugal.
Romanian citizens can travel for determined period of time (30-90 days) in a certain pre-established period (6 months -1 year) into the countries in which it is not necessary entrance visa. The period of staying may be only in one State.
Romanian citizens need visa from the Romanian diplomatic representatives of the states that does not request entry visa, in the following situations:
Romanian citizens abroad have benefits such as assistance and consular protection from Romanian diplomatic missions and consular offices abroad, according to the Romanian law and the International Conventions provisions of which Romania is part.
Readmission agreements are bilateral provisions signed between Romanian State and other States, according to which, illegal migrants on one State territory can be sent in their origin country. These bilateral instruments cover all Romanian migration important destinations.
Bilateral Agreements regarding Social Security of the Romanian labour abroad have importance on long-term migrants’ situation. Social protection systems coordination between the origin country and the destination countries is extremely important, so the legal labour migrants can benefit by their rights. Romania has signed bilateral agreements with many European States; between them are Italy, Spain and Germany.
Equally, the provisions regarding diploma’s equalization may be considered as having an important effect upon labour migration. The (mutual) recognition of the diplomas and qualifications is a mechanism that facilitates human resources transferability in migration, influencing migrants’ position on the destination labour market.
Starting from 1 January 2007, Italy opened partially the labour market for the Romanian workers. The employers willing to hire Romanian workers in: agriculture, tourism-hotel, house-keeping, constructions, mechanics, sea workers and fishing sector, seasonal work (lavoro stagionale), entertainment, leadership or high level qualification, should forward the employment declarations to the competent Desk and also to the social protection institutions, according to Italian provisions in the field.
For the workers in sectors other than the mentioned ones, it is necessary a very simple procedure. An application form available on Italian Minister of Interior site (www.interno.it) and on the Minister of Labour and Welfare (www.welfare.gov.it) web site must be sent by mail. The application is sent (with stamped receipt) by the employer to the competent Unique Bureau for immigration to ask an authorisation for employment (nulla osta).
The Unique Bureau for Immigration of the Province where the work activity will be performed, after checking the contract conditions through Labour Office of the Province, it will take all due measures to issue a work authorisation.
The employer should announce the communitary citizen employment to the National Institute for Social Protection (INPS) and to the National Institute for Protection against work accidents and professional diseases (INAIL).
The communitary citizen who lives in Italy for less than 3 months has no formality to carry on. In case it will be requested a document of identification, he must present to Italian authorities only a valid I.D. (passport or any identification document issued by his origin country authorities).
For those willing to stay on Italian territory for more than 3 months, for the first 5 years of staying, the new law provisions stipulate a clear distinction between the communitary worker and the members of his family on one side and the communitary citizens living in Italy for other reasons (tourists, students, etc) on the other side. The first category can benefit immediately by the socio-sanitary system having the same rights as the Italian citizens. The second category, for having a legal stay, should prove their own autonomy and capacity to support themselves financially and that they have a medical insurance and not become a “burden” for the Italian Social Assistance System. After a period of 5 years of legal permanence on Italian territory, the citizen has the permanent staying right. He will be obliged to no other conditions for remaining in Italy.
It is no longer necessary, as before, for the communitary citizen to present himself to the Police (Questura) and to ask for the residence card. It is consider enough to present himself at Bureau of Population Register as part of local Townhouse, which will issue him the legal staying certificate. For seasonal workers the staying certificate will not have precise expiration date. Not carrying out the conditions requested for obtaining the staying certificate means loosing their staying right.
3 months after entrance in Italy, the communitary citizen must ask from the Register Office of the Population appertaining to the Townhouse (Ufficio Anagrafe del Comune), for his matriculation on the Register of the Population lists and the issue of the staying certificate.
If the person stays in Italy as worker or he is a family member of the worker, the person is obliged to present at the Bureau of Population Register, apart from the documents that prove his dwelling place, the work contract or a document to prove his status as a family member.
The holder of the legal staying right can prove his capacity using any legal means according to the law.
According to Decree Law no. 30/2007 regarding the free circulation right and the staying of the E.U. citizens, came into force in 11.04.2007, the Romanian citizens, and their family members can remain on the Italian territory for longer than 3 months only if they work legally or they can prove the economic resources in order to support themselves.
„Family member” means husband/wife or the husband/wife’s descendant (with an age less than 21 years old, or a person in their care, irrespective of the family relationship.
The E.U. citizens willing to stay on the Italian territory for more than 3 months must register their name on the list of the Bureau of Population Register. The issued certificate will show the name, the residence and the date when the request was presented. According to the Minister of Interior memorandum no. 15100/14865 from 08.11.2007, E.U. citizens willing to stay on the Italian territory for more than 3 months should pay a fee of 30 euro for being registered on the list of the Bureau of Population Register.
After being registered, the communitary citizen hired legally (with nulla osta) can change his work place. The new employer is not obliged anymore to ask the work permit, even if the person will work in a different sector.
The Romanian employees, who in January 2007 had no legal status in Italy, working in a sector with no free access on labour market, have to present, in the moment of their registration at the Bureau for Population Register from the local Townhouse, the employment authorisation (nulla-osta al lavoro), also. The Unique Bureau for Immigration, part of the local Prefect’s Office issues this authorisation.
The memorandum mentions that for matriculation of the autonomous workers on the Bureau of Population Register lists, it is enough to present the certificate of registration at Chamber of Commerce or the paying of IVA prove, issued by the local Financial Administration (Agenzia delle Entrate).
The communitary citizens with a liberal profession should present the certificate of matriculation in the specified profession.
To register a transferred worker at the Bureau of Population register, it is necessary a declaration from the Italian branch office of the company.
The communitary citizens having residence in Italy for more than 1 year can use their own driving licence in Italy with no time limit. The only condition is to have a valid driving licence. It is not necessary for the licence to be recognised or transformed into an Italian one.
Social assistance services
The communitary citizen and the members of his family have no right to social assistance in the first 3 months of staying. In this period, they will benefit by social assistance services only if these rights are automatically obtained based on the developed activities or other provisions of the law.
The person willing to remain in Italy only for a certain period for seasonal activities (lavoro stagionale) may ask his matriculation on the temporary lists of the Bureau for Population Register. In this case, the officer from the Bureau will issue a temporary certificate for 1 year. After 1 year, his name will be erased from the lists.
If, after a certain period, he wants to move to another town, he should present again the documents requested by law.
No law and no Minister of Interior decree do indicate a weekly program, the length of the contract or a minimum income, for a seasonal work contract.
The worker status will be maintained even in case of an involuntary job loss. It is the case of the next situations:
a) The person is temporary not capable to work as a result of a disease or accident;
b) The person is in involuntary unemployment (dismissed, the end of a determinate work contract, etc.); the person had an activity in Italy for more than 1 year and for the time being is a job seeker;
c) If the person is in involuntary unemployment after the end of a determinate work contract for less than one year or the person lost her job in the first 12 months of staying in Italy and for time being is a job seeker. In this case, the worker status is maintained for 1 year;
d) Attending a professional formation course. In this case, the maintaining of the worker status means a liaison between the professional activity from the past and the attended professional formation course.
The communitary citizens, tourists or the legally staying in Italy for less than 3 months, have no right to be on the lists of the National Sanitary System. There are exceptions, the seasonal workers with a legal work contract and holders of E106 model available for 3 months. All others categories, non-holders of TEAM (European Medical Card) are obliged to pay entirely, the fees for all medical services received.
The holders of a TEAM card or an equivalent issued by their country have right to sanitary services paid through the insurance policy, based on the modalities stipulated in law. If the communitary citizen has no TEAM card, Asl (Local Sanitary Service) will automatically demand this certificate from the host country. If the issuing conditions are not fulfilled, the patient will make the payment.
After 3 months, the National Sanitary Service covers the medical expenses for the communitary workers working in Italy and the members of their families. They will have the same rights as the Italian citizens.
The National Health Service
The foreign nationals who have legal permission to stay in Italy and who are not enrolled in the National Health Service are guaranteed in accredited welfare structures of the National Health Service the following services:
If urgent assistance has not been paid for, the local health service, the hospital or any other structure recognized by the National Health Service can apply to the “Prefettura” responsible for the area for the relative refund.
For those who have a foreign insurance the services of health assistance continue to be disciplined by the rules according to the international agreements.
Compulsory enrolment in the National Health Service
The E.U. citizens with residence have the right to the National Health Service as long as they are not already enrolled in other services laid down by the E.E.C. regulation ,1408/71 (for example: forms E 106, E121, E128,which are being replaced with the health certificate TEAM)
This enrolment is extended also to dependant members of the family. The enrolment can be carried out in any local (ASL) where that person is living.
Enrolment in the National Health Service for a stay of up to three months.
A E.U. citizen has the right to stay in the country for a period of up to three months without any conditions or formalities as long as he holds an identity document which is valid for travelling abroad, according to the legislation of the State where he has citizenship
For a stay of less than three months , the only formality requested for the E.U. citizen who wishes to stay in Italy is that he holds an identity document which is valid for travelling abroad.
Therefore, there is no need to report to the local authorities or enrol in the N.H.S. except for seasonal workers with regular work contracts and holders of form E106, which is valid for three months.
The following people have the right to the National Health Service:
E U citizens who are staying in Italy under different conditions, for example tourism, or cannot prove a payment for the N.H.S. services have no rights to the National Health Services
Enrolment in the National Health Service for more than three months.
The E U citizens registered with their local authorities have the right to the National Health Service for over three months under the following conditions:
The Fiscal Code
The fiscal code is a means of identification for the citizen in his dealings with the authorities and Public Administration. The only valid document is the one issued by the Inland Revenue.
The fiscal code consists of sixteen characters, composed of letters and numbers, which reproduces personal data of the citizen /tax payer (surname ,name ,sex, place and date of birth)
Citizen of the E.U. or new E.U. citizen.
The E.U. citizen or new E.U. citizen must ask for his fiscal code at his local Inland Revenue office, presenting a valid identity document (Identity card, passport or any other equivalent document).
The fiscal code is necessary for:
Deportation from the Italian National Territory
This has been disciplined by the law of the 1st November 2007 no.181 which contains urgent directions on the subject of deportation from the country for reasons of public safety.
The measures taken by the State concerning public order and safety are adopted by the Home Secretary with the motivated order translated in a language understandable to the receiver of the disciplinary measures, or in English .
The deportation order, notified to the interested party reports the appeal procedure and the length of time in which that person cannot re-enter Italy, which cannot be more than three years.
The expiry date for leaving the country indicated on the deportation order ,cannot be less than a month from the notification, except for cases of proven urgency
The deportation order from the country for reasons of public safety is adopted with an act motivated by the Prefect responsible for the territory ,according to the residency or home address and it must be translated and notified with the same rules.
The reasons of Public Safety are imperative when an E.U. citizen or a family member has behaved in such a way as to compromise human dignity or the basic rights of a human being or public safety, making his stay in the country incompatible to normal living conditions.
If the E.U citizen continues to remain in Italy or when the order is based on reasons of State security or on reasons essential to public safety which can threaten State security , the “questore” decrees that the deportation order to leave Italy should immediately be carried out .
A new article introduced by Dlgs 30/2007 states the rules for the deportation of an E.U. citizen undergoing a criminal procedure. Obligation to report to the Italian Consulate in his home country.
Together with the deportation order the person concerned is given a document formulated by the Home and Foreign Ministries stating that he must obey the order, and which has to be taken to the Italian Consulate of his home country.
If an E.U citizen or one of his family who have been deported is still found on Italian territory after the expiry date of deportation, without having presented a certificate to the Consulate of his home country, he is punished by being detained for a period of one to six months and a fine of 200 to 2,000 euro. A harsher sanction is provided for in the case of the receiver of a deportation order who re-enters the country in violation of the no- entry order. This sanction ranges from a detention of three months to one year ,a fine of 500 to 5,000 euro, arriving at imprisonment of up to three years.
It is possible to appeal to the court against the deportation order and at the same time ask for the suspension of the enforceability of the order. Until the result of the appeal is known, the validity of the contested order is suspended, unless the deportation order is based on a former judicial decision or on imperative reasons of public safety. The E.U. citizen or a family member who has been denied the suspension of the deportation order is allowed on request to enter and stay in Italy in order to participate in the essential phases of the appeal, providing that his presence does not cause a serious nuisance or serious danger for public order or public security; also through the diplomatic or consular representation on documented request of the interested party.