Practical Guide for Romanian emigrants in Italy
Among the provisions with an important impact on labour migration segment, it can be mention: 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 send 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 send by mail. The application is send (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 (Chestura) 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 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, Ausl (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 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.