LEGAL IMMIGRATION ASSISTANCE
1. ENTRY VISAS
2. RESIDENCE PERMIT
3. STAY CARD
4. FOREIGN MINORS
5. RECOGNITION OF STUDY TITLES OBTAINED ABROAD
8. INTERNATIONAL PROTECTION AND ASYLUM
9. FAMILY RELATIONSHIP AND FAMILY COHESION
10. FOREIGN EXPULSION AND REJECTION AT THE FRONTIER
1. ENTRY VISA
All foreign nationals who intend to come to Italy, must submit the required documentation at the border to prove that the motivation and the duration of the stay and, when required, the availability of adequate financial and housing conditions. In certain cases should have a visa to be requested at the Italian Diplomatic and Consular Representations in your country.
The visa, applied to the passport or other valid travel document of the applicant, is an authorization granted to an alien to enter the territory of the Italian Republic or that of the other Contracting Parties for transit or stay, in order to ensure the smooth development of international relations and the protection of national security and public order.
The visa issued by the Italian representatives abroad allows access for transit or short stay (up to 90 days), both in Italy and in other countries that apply the Schengen Convention, and renamed the “Uniform Schengen Visa “(VSU). Similarly, the USV issued by diplomatic and consular representations of the other countries which apply the Convention, allows access to the Italian territory.
The entry visa for long stay (more than 90 days) was renamed “National Visa” (NV) and allows access to long stays in the State which issued the visa, provided that in the course of validity, allows the free circulation for a period not exceeding 90 days per semester in the territory of other Member States.
The visa can be requested by the alien who has over 18 years, or for children by an adult with the consent of both parents exercising parental authority. The application must be submitted in writing together, depending on the type of visa requested, the supporting documentation. In any case, you must certify the purpose of the journey, the travel documents on which to affix visas, transportation and return, livelihoods and housing conditions.
The decree of 25 July 1998 n. 286 introduced into Italian law the principle of the reasons for the refusal of a visa for entry and the possibility appeal. Against the refusal of the visa the foreigner residing abroad may bring court proceedings before the Administrative Court of Lazio within 60 days from notification.
Only in the case of refusals to grant visas for family reunification or family member, any appeals will be presented at the ordinary courts jurisdiction indefinitely.
Countries whose nationals need a visa to cross the border
They are subject to visa obligation nationals of the following countries / territorial entities bearing ordinary passports: Afghanistan, Algeria, Angola, Saudi Arabia, Armenia, Palestinian Authority, Azerbaijan, Bahrain, Bangladesh, Belize, Benin, Bhutan, Belarus, Bolivia, Botswana , Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, China, Colombia, Comoros, Congo, Congo (Democratic Republic), North Korea, Cote d’Ivoire, Cuba, Dominica, Dominican (Republic), Ecuador , Egypt, United Arab Emirates, Eritrea, Ethiopia, Fiji, Philippines, Gabon, Gambia, Georgia, Ghana, Jamaica, Djibouti, Jordan, Grenada, Guinea, Guinea Bissau, Equatorial Guinea, Guyana, Haiti, India, Indonesia, Iran, Iraq , Kazakhstan, Kenya, Kyrgyzstan, Kiribati, Kosovo, Kuwait, Laos, Lesotho, Lebanon, Liberia, Libya, Madagascar, Malawi, Maldives, Mali, Morocco, Marshall, Mauritania, Micronesia, Myanmar, Moldova, Mongolia, Mozambique, Namibia, Nauru , Nepal, Niger, Nigeria, Oman, Pakistan, Palau, Papua New Guinea, Peru, Qatar, Rwanda, Russia, Saint Lucia, Saint Vincent and the Grenadines, Solomon, Western Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Syria , Somalia, Sri Lanka, South Africa, Sudan, Suriname, Swaziland, Tajikistan, Tanzania, Thailand, Timor-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Ukraine, Uganda, Uzbekistan, Vanuatu, Vietnam, Yemen, Zambia, Zimbabwe.
Countries whose nationals are exempt from visa for short stays
Citizens of following countries are exempt from visa for stays of up to 90 days for tourism, mission, business, invitation, race and sports studies: Albania, Andorra, Antigua and Barbuda, Argentina, Australia , Bahamas, Barbados, Bosnia and Herzegovina, Brazil, Brunei, Canada, Chile, South Korea, Costa Rica, Croatia, El Salvador, Former Yugoslav Republic of Macedonia (FYROM), Japan, Guatemala, Honduras, Hong Kong, Israel, Malaysia, Macao, Northern Mariana Islands, Mauritius, Mexico, Monaco, Montenegro, Nicaragua, New Zealand, Panama, Paraguay, Saint Kitts and Nevis, Serbia, Seychelles, Singapore, USA, Taiwan (non-recognized territorial entity), Uruguay, Venezuela . For the people of Taiwan visa exemption applies only to holders of passports including the number of identity card. For citizens of Albania, Bosnia-Herzegovina, Former Yugoslav Republic of Macedonia, Montenegro, Serbia, the visa exemption applies only to holders of biometric passports. Serbian citizens holding passports issued by the Serbian Coordination Department are covered by the exemption from the visa. Citizens of SAN MARINO, Vatican City and Switzerland are exempt from the visa in any case.
- VISA TO STAY
Foreigners intending to stay in Italy for more than three months must apply for a residence permit within 8 days of arrival in Italy. To obtain a residence permit you must submit:
- the application form;
- a passport or other travel document valid with the entry visa, if required;
- a photocopy of the document;
- 4 passport photos;
- a money order of € 16.00;
- the documentation required for the type of permit requested;
- The payment of a account of between € 80 and € 200 in payment have been established by decree of October 6, 2011 Ministry of Finance in consultation with the Ministry of Interior.
Who is already in Italy and has permission to stay expires, he must seek renewal at least 60 days before the deadline. The validity of residence permit is the same as the entry visa:
- up to six months for seasonal work and up to nine months for seasonal work in areas requiring such extension;
- up to a year for a course of study or vocational training course documented;
- up to two years for self-employment, employment for permanent family reunion.
Foreigners who come to Italy for visits, business, tourism and study for periods not exceeding three months shall not require a residence permit.
- RESIDENCE PERMITS FOR LONG TERM EC
The legislative decree of 8 January 8 2007 n. 3 Implementation of Directive 2003/109/EC replaced the residence permit for foreign nationals with a residence permit for EC long-term residents (LTR).
This permit is permanent and can only be claimed by those who have a residence permit for at least 5 years and is not considered dangerous to public order and national security. The permit may be required for themselves and for each of the family for whom you may apply for family reunification. The request must be made at post offices. The request may also include the family will reunite with a stranger who is in possession of permit SLP. From December 9, 2010 is on the computer system management applications for participation in the testing of knowledge of Italian language that will support the foreigners who wish to request a residence permit for EC long-term residents.
When asked (to be submitted by registered mail of the cost of € 30.00) should be enclosed:
- copy of passport or equivalent document valid;
- copy of the statement of income (income must exceed the annual social) for domestic workers (domestic helpers / caregivers) performance of INPS or statement issued by INPS contribution analysis;
• criminal record certificate and certificate of entries relating to criminal proceedings;
- suitable accommodation documented whether the application is made to family members;
- copies of payroll for the current year;
- documentation relating to the residence and family status;
- postal order payment of the electronic residence permit (€ 27.50);
- electronic cash from € 16.00.
The request may be submitted also to the spouse not legally separated and aged eighteen years, minor children, including the spouse or born out of wedlock, children and older dependents who can not permanently provide for their essential needs of life because their state of health leading to total disability, dependent parents.
To obtain permission EC to family members, in addition to the documents listed above, you must:
- have sufficient income to household composition. In the case of two or more children under the age of 14 years, the income shall be equal to twice the annual amount of capital;
- have the registry certification stating that the family relationship. The documentation from abroad must be translated, legalized and validated by the consular authorities in the country of origin or permanent residence of the foreigner;
- passing a test of knowledge of Italian, the day December 9, 2010 entered into force, in fact, the Decree of the Minister of the Interior in consultation with the Minister of Education, University and Research, 4 June 2010 laying down “The conduct of test knowledge of Italian.” The decree gave the Prefectures – Territorial Offices of Government responsibilities for receipt of requests to conduct the test, the convening of the stranger at the premises identified and the acquisition of the outcome in their reporting to the Police. The Department for Civil Liberties and Immigration has set up a computer system, support to the prefectures, which allows you to receive requests from foreigners, to organize the conduct of the test and acquire the results. These activities are described in detail by circular no. 7589, branched off from the same Department, November 16, 2010.
- are excluded from the obligation to take the test, children under the age of 14, also born out of wedlock, and their spouses.
It is not necessary to test the Italian language, if the alien is in possession of:
a) certification or certifying knowledge of Italian language at a level no lower than the level A2 Common European Framework for language proficiency approved by the Council of Europe, issued by certification bodies recognized by the Ministry of Foreign Affairs and for Education, University and Research: University of Roma Tre University for Foreigners Perugia University for Foreigners of Siena and Dante Alighieri Society;
b) academic or professional qualifications (diploma of secondary school Italian first or second degree, or certificates of attendance for university courses, master’s or doctoral degrees);
c) recognition of the level of knowledge of Italian is not lower than A2;
d) a statement that entry has occurred in Italy in accordance with Art. 27, co. 1 letter. a), c), d), q) of Legislative Decree 286/98 as amended;
e) certification, issued by a public health facility, where it is stated that the alien suffers from serious limitations to the capacity for language learning arising by age, illness or disability.
The EC residence permit, you can:
- enter Italy without a visa;
- carry out work;
- use the services and benefits provided by government;
- participate in local public life.
The foreigner holding a residence permit EC, issued by another Member State, can stay in Italy more than 3 months for:
- regular exercise an economic activity as a worker;
- courses of study or vocational training;
- stay by showing they have sufficient means of livelihood (income more than double the minimum provided for the exemption of health spending) and by obtaining health insurance for the entire period of stay.
In this case the foreign holder obtains a residence permit renewable at maturity, while the family will be issued a residence permit for family reasons.
You can request the EC residence permit in the following cases:
- for purposes of study or vocational training and scientific research;
- stay as a temporary protection or humanitarian grounds;
- for asylum or awaiting the recognition of refugee status;
- possession of a short-term residence permit;
- diplomats, consuls, those that enjoy equivalent functions and members of accredited representatives to international organizations of universal character.
The EC residence permit is revoked:
- if acquired fraudulently;
- in case of expulsion;
- when they fail the conditions for release;
- in case of absence from the territory of the Union for a period of 12 consecutive months;
- in case of obtaining a long-term residence permit from another EU Member State;
- in case of absence from the territory of the State for a period exceeding 6 years.
Against the refusal and revocation of the permit may be submitted to SLP TAR or the ordinary courts for family reasons.
- FOREIGN CHILD
Foreign children, even if entered illegally into Italy, they hold all the rights guaranteed by the New York Convention on the Rights of the Child of 1989. The body made up by law to oversee the arrangements for stay of foreign minors temporarily admitted to the territory of the State and to coordinate the activities of the authorities concerned, is the Committee for foreign minors, hinged at the Ministry of Social Solidarity.
Minors may be present in Italy:
- “accompanied” minors entrusted with formal measure to relatives within the third degree and regular residents;
- “unaccompanied” children who are in Italy without parents or other adults legally responsible for their assistance or representation.
Minors as much if not accompanied minors have the right to education. All foreign children, including those without a residence permit have the right to be enrolled in schools of all levels (not just the obligation). The enrollment of foreign children occurs in the manner and under conditions provided for Italian children, and can be requested at any time of year. Minors subject to compulsory education are enrolled by their parents or whoever your guardian, the class corresponding to their age, unless the college of teachers decide to enroll in a different class, taking into account the ‘law studies in the country of origin, skills, abilities and level of preparation of the pupil, the curriculum may be followed in the country of origin, the qualification may be possessed by the pupil.
Minors are also entitled to health care. Foreign children who hold a residence permit (for minors, foster care, for family reasons, for social protection for asylum) must by law be registered, by whom they exercise supervision, the National Health Service (NHS) and therefore fully entitled to have access to all benefits guaranteed by our health care system. To enroll the child in S.S.N. must go to the Local Health Unit of the territory of residence or at that of actual residence (shown in the permit of stay), with proof of personal identity, social security number, residence, self-certification of residence or stay (considering the usual residence ‘hospitality for more than three months at a reception center). Upon enrollment, you can choose a family doctor or pediatrician for your child. Upon registration will be issued a document, the “ID Card personal health”, which entitles you to free or against payment – depending on the region where you are – a share in collaboration with the Ministry of the Interior to As a contribution (Ticket health), the following services: general medical examinations in clinics and specialized medical, home medical visits, hospitalization, vaccinations, blood tests, radiographs, ultrasounds, drugs, rehab and prosthetics.
Children of foreigners without a residence permit can not register in the NHS, but they have the right to care and hospital outpatient urgent or essential, although continuous, as for illness and injury and preventive medicine programs and the performance will still be guaranteed to social protection during pregnancy and motherhood, and those protecting the health of the child, vaccinations, according to the law and within the rural collective prevention authorized by the Regions, the interventions of international prophylaxis, prophylaxis, diagnosis and treatment of infectious diseases.
Foreign children are also entitled to WORK. Foreign minors apply for employment with the same rules that apply to Italian children (admission to employment before the age of 15 years and having fulfilled their compulsory education).
The foreign children “unaccompanied” is recognized the right to protection and assistance. For unaccompanied minors, the rules laid down by Italian law for care and protection of minors. In particular the rules regarding the placement of the child in a safe place that is in a state of neglect, the opening of the protection for the child whose parents are not objectively in terms of exercising parental authority, custody of the child , temporarily deprived of a family environment, to a family or a community.
The expectations may be initiated by the Juvenile Court (judicial custody) or by local social services, in the case of a parent or guardian unable to perform their responsibilities on the child. In such circumstances the consent of parents or guardian are unable to provide and that the tutelary judge, a provision, the executive makes the expectations (consensus expectations).
Any unaccompanied alien minor must be reported by the Authority that the tracks in the country to the Public Prosecutor at the Juvenile Court, except where the child is welcomed by a relative within the fourth degree, able to respond to tutelary judge, for the opening of the protection or the Committee for foreign minors, unless it has been applied for asylum.
Children have the right NOT TO BE EXPELLED. Foreign minors cannot be expelled, except for reasons of public order and state security (in this case be referred to the Juvenile Court). The unaccompanied children, however, can be repatriated through the measurement of the assisted return, aimed at guaranteeing the right to family unity. The measure is adopted only if, after a specific investigation, turned and held by the Committee for foreign minors in the country of origin, it is believed that this is appropriate in the interests of the child. Assisted repatriation is arranged by the Committee for foreign minors and runs until the custody of the child to the family or the authorities responsible for the country of origin. Unlike deportation, repatriation does not involve the re-entry ban for 10 years.
If he decides that the return is not in his interest, the child has the right to submit, through their parents or guardian, appeal to the Magistrates (Ordinary Court or TAR) for the annulment of the measure.
The foreign child has the right to obtain the RESIDENCE PERMIT. All unaccompanied minors are entitled to obtain, for the mere fact of being a minor (and therefore cannot be expelled., Children with permits to minors can convert it to a foster care in the event that, following the decision to “not to arrange for repatriation” by the Committee for foreign minors are assigned directly or by order of the Juvenile Court or on the initiative of the Social Services enforced by the tutelary judge. The residence permit allows the minor to work in all those cases in which Italian law allows minors in general and can be converted into a permit for work or study, at the age of 18 years.
Children assigned to a foreign national legally residing, living with custodial, are enrolled in the residence permit of the same until the age of 14 years and receive a residence permit for family reasons at the age of 14 years.
An application for a residence permit for the unaccompanied minor must be submitted by the person exercising the powers of guardianship over the child by the guardian and therefore it was named one, the legal representative of the institution or community or by the Local, if the child is placed in an institution or community or is still assisted by the Local;
Children have the right to seek asylum. The unaccompanied children for whom it is feared to persecution in their country, for reasons of race, religion, nationality, membership of a particular social group or political opinions, they are entitled to submit, by the holder of the protection, application for asylum.
The asylum application is examined by the Commission for the Recognition of Territorial status in collaboration with the Ministry of Refugees is competent. If the child is recognized as refugees, they receive a permit for asylum, if, instead, to reject an application for asylum, however, the Commission may invite the commissioner to issue a permit on humanitarian grounds, if it considers the return of the child However, dangerous and inappropriate. The child has the right, through their parents or guardian, to appeal to the ordinary court against the decision of the Commission.
At the age of 18 years of age the opportunity for a child to remain in Italy with a residence permit, depending on the type of residence permit (for custody or for family reasons), of which he held as a juvenile and a number of other conditions.
Unaccompanied minors permit holders may convert it into a foster care to study, access to employment, paid employment, the age of 18 years, if they entered into Italy for at least 3 years, then, before the age of 15 years, followed for at least 2 years a project for social integration and civic managed by a public or private entity that has national representation and is recorded in the relevant records required by law, attend courses of study, or perform paid work in the form and manner provided by law, or are in possession of the employment contract but not yet started.
Children hold a residence permit for family reasons, may convert to a study or paid employment, the age of 18 years.
Children who have committed a crime for which they were imprisoned before the coming of age, if they participated in a program of assistance and social integration may, at the end of the sentence, to obtain a residence permit for social protection. The permit for social protection may also be issued by the Police, on a proposal from the local social services, including foreign children for whom they have been detected situations of violence and serious exploitation (prostitution, labor exploitation, etc..), For which there are real dangers to safety. The permit allows you to work for social protection and is renewable.
- RECOGNITION OF QUALIFICATIONS OBTAINED ABROAD
Italian citizens or foreigners holding a foreign degree – earned as a result of studies and examinations held abroad at state universities or legally recognized – aspiring to seek recognition in Italy of its study curriculum in order to achieve an equivalent degree Italian, may submit a request to this effect at a University of their choice.
The documentation to be produced must be sought from the Offices of University Students in the articles of association contain a course of study compatible with the one completed abroad, and, usually, is the following: 1) direct application to the Italian Rector chosen; 2) original qualification of secondary school admission to the university which granted the academic title; 3) the original certificate of analysis of university examinations issued by the aforementioned University (stating dates and locations of exams, when they have partially performed also at universities other than the one that issued the license); 4) programs of each exam; 5) original qualification possessed; 6) three photographs (one authenticated case of non-EU citizens residing abroad).
The documents referred to in points 2) 3) 4) 5) must be accompanied by official translation, those relating to points 2) and 5) there is legalization – unless exemption from this Act by virtue of agreements and conventions international – and must have a “value on the spot” by the Italian diplomatic-consular mission with territorial jurisdiction in the State whose law refers to the bonds themselves, which also confirm the authenticity of the documents referred to in points 2) and 4).
Where unable to go personally to the diplomatic offices, those interested can take preventive action, appropriate contacts with the Centers for agreeing possible, different ways of forwarding the documentation to be approved.
Italian citizens, EU citizens and third country nationals legally residing in Italy under Article 26 of Law 30.7.2002 n. 189, may submit an application in person at the counter of the University Registrar’s Office by the dates established by each university individually, provided that the securities have already provided the acts of jurisdiction of the Italian Embassy.
The non-EU citizens resident abroad are required to submit the application with all required documentation, by the Italian Consular-Diplomatic Representation in their country or in foreign country of last residence, to which those documents must be received within the time established annually by the MIUR provisions relating to registration of foreign students.
Bidders should submit the study documents previously legalized by the competent authorities of the country of origin, by a marking of ‘”Apostille” and the documents covering economic and insurance provided by the above provisions for university enrollment. The Italian representative shall provide the checks and acts within its competence and forwards the university documented request by the person indicated.
Acting on the request of the academic authorities, case by case basis, taking into account the studies and examinations taken abroad. Please note that the recognition of a foreign degree from the University regards purposes only “academic”, while the recognition of the degree for professional follows a different process, and is evaluated by the competent administrations for each subject.
With regard to applications for recognition of academic qualifications relevant to the area health, attention is drawn to the provisions of Article 50, paragraph 8, of the DPR. 394, 31.8.1999 (the implementing regulation on immigration and the status of aliens under LD 25.07.1998 No. 286). The cited paragraph reads as follows: “The declaration of equivalence of academic degrees in health disciplines, earned abroad, as well as admission to the corresponding examinations of diploma, degree or license, with total or partial exemption from examinations, are placed upon verification of compliance with the quotas set for each profession in Article 3, paragraph 4, of the Consolidated, to that end must be acquired prior opinion of the Ministry of Health, the negative opinion does not allow the enrollment in professional or special lists for the exercise of its profession in the country and the European Union countries”.
The timing of the procedure for recognition of equivalence have been set by the DM N.190 of 6 April 1995, in 180 days. In any case, the court may appeal to the T.A.R. ( court regional ) or extraordinary appeal to the Head of State.
As concerce procedures equivalence of educational qualifications pre-university students are competent Provincial School Offices, and for doctoral research, the competent Ministry of University Education and Research. But would it take to confirm that in these cases, the equivalence can be requested only by Italian or EU citizens.
Alternatively the Equivalence of the academic school or foreign qualifications may be recognized for professional purposes. This procedure does not assimilate the foreign degree to a correspondent of the Italian title but allows the applicant to obtain a certified professional to practice in Italy. For this purpose it is sufficient that foreign nationals submit to the competent Ministry a self-certified copy of your diploma, the translation of the same and the declaration of conformity with DIRECTIVE 2005/36/CE issued dall’Autotità State which granted the professional title.
The procedure should be completed in a maximum of 120 days and if successful the title all’eserizio enables the profession and, if provided, allows access to the professional correspondent.
Citizens comuniatri holding a diploma of high school or a professional title conseguto abroad if they wish to participate in a public competition, may request the President of the Council, Department of Public Function, in agreement with the Ministry of ‘ University Education and Research, the equivalency of bankruptcy for the sole purpose, without the need to obtain academic equivalence or school. The equivalence, if successful, is recognized in a few months, by decree of President of the Council of Ministers and is valid only for the competition for which it is issued. The Legislative Decree 165/2001, art.38, provides that, “in cases where no action at Community level a discipline, the equivalence of diplomas and professional qualifications is recognized by Decree of the President of the Council of Ministers adopted on the proposal of the competent ministers. With the same procedure establishes the equivalence between the academic and service relevant to admission to the competition and appointment. “
Discrimination is the unequal treatment applied against an individual or a group of individuals by virtue of their membership in a particular category. The legislature in Articles. 43 and 44 of the Consolidated Immigration has made it clear, first, what is meant by discrimination and on the other planned actions against discriminatory acts and interventions. And ‘in fact possible that the person suffers discrimination that might appeal to demonstrate the existence of discriminatory behavior to his own detriment and to obtain from the court order of adoption of suitable measures to remove discrimination.
The statelessness, is the state of people without any citizenship. These subjects are called “stateless.” You become stateless “by origin” or “branch”:
- it is for stateless origin if it never enjoyed the rights and has never been subjected to the duties of any state.
- you become stateless by derivation due to various reasons, all resulting in the loss of previous citizenship and the lack of a simultaneous acquisition of a new one. The reasons may be: a) or cancellation of citizenship by the state on ethnic, or other security; b)
or loss of privileges previously acquired (such as the nationality acquired by marriage); c)
or voluntary renunciation of citizenship. The interested party may appeal the declaration of statelessness to court for it be given that status.
- INTERNATIONAL PROTECTION AND ASYLUM
Article 10 Section 3 of the Italian Constitution provides the definition of asylum where it provides protection for the foreigner who can not enjoy in their own country guarantees democratic freedoms such as that provided for the Italian state, as provided by law, in short, a person persecuted in his country of origin can be protected by another foreign country.
Following the Geneva Convention, in order to guarantee a constantly high level of security and protection, have been adopted by Legislative Decree of 19 November 2007 n. 251 and Legislative Decree of 28 January 2008 n. 25, which implementing the principles enshrined in the two European directives relating to international protection or Directive 2004/83/EC of 29 April 2004 (on minimum standards, to third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and on minimum standards of protection granted also called Qualification Directive) and Directive 2005/85/EC of 10 December 2005 (on minimum standards on procedures in Member States for granting and withdrawing refugee status recognized also known as the Asylum Procedures Directive).
The asylum application and/or international protection may be submitted at any time by an alien, although he did entering irregularly in order to seek the protection of the Italian state since fleeing persecution, torture or war. The application must be submitted by the foreign office of border police, upon entering Italy, or directly to the Immigration Police Headquarters, attaching the required documentation.
Following the entry into force of Legislative Decree 159/2009, amending and supplementing legislative decree n. 25/2008, the application may be rejected as manifestly unfounded. Against the negative decision on an application for international protection can bring court proceedings. The applicant is entitled to legal aid at state expense. The judgment terminating the proceedings may be challenged. E ‘can appeal to the Supreme Court.
- FAMILY REUNION AND FAMILY COHESION
The foreign national, holder of a residence permit for EC long-term residence or a residence permit for a period longer than one year issued for employment, independent, asylum, study, religious reasons, family reasons and for subsidiary protection , may request to be achieved in Italy by close relatives, in order to keep her family together. The family reunion is planned for the majority if not legally separated spouse, unmarried minor children (including the spouse or born outside of marriage), provided that the other parent, if alive, has given his consent, adult dependent children, if for objective reasons can not provide for their essential needs of life because of their state of health leading to total disability, dependent parents, if they have no other children in the country of origin or current country, or parents over sixtyfive, if their other children are unable to support them for serious documented health reasons.
To promote cohesion and the family unit, if the alien is in possession of entry visas for employment, related to contracts for a term not less than one year by not occasional self-employment or for study or religious reasons, is prohibited ‘Following the entry of the same family with which you can implement reunification .If you possess the above requirements, you can apply for family reunification or family members.
- EXPULSION AND REFUSAL OF FOREIGNERS AT THE BORDER
In Italy there are two main forms of expulsion of a foreigner from the country: the expulsion and refusal at the border.
The expulsion can be of three types:
Administrative reasons of public order and state security (prepared by the Ministry of Interior); for illegal entry, for irregularities in the living room, for suspected irregularities social (arranged by the Prefect). Under the new immigration law, deportation is always performed by the chief of the border accompanied by the police and is immediately enforceable, even if subjected to legal challenge by the party concerned. When an alien is prosecuted and is not in custody in prison, the commissioner, before the expulsion, the court requires a clearance. The permission is granted if the court will not respond within fifteen days from the date of receipt of the request.
The expulsion contains the injunction to leave the territory of the State within fifteen days as against the foreigner who was detained in the State when the permit expired more than sixty days and has not been requested renewal. If the prefect detects a real danger that the alien evades execution of the order, the commissioner has the immediate accompaniment to the border.
The foreigner expelled may not return in the State (for a period of ten years, or not less than five years) without a special authorization from the Minister of the Interior. In case of violation the alien shall be punished by imprisonment from six months to a year and is again expelled with immediate accompaniment to the border. In case of expulsion ordered by the court, the offender re-entry ban shall be punished with imprisonment from one to four years.
Against administrative expulsion may be used: a) to the TAR of Lazio against the deportation order issued by the Minister for reasons of public order or national security; b) the court of law against other types of decrees administrative expulsion.
As a security measure ordered by the judge following a criminal conviction, provided that the foreigner is convicted of “socially dangerous”. The execution of the expulsion takes place immediately after the termination of the period of custody or detention.
As an alternative sanction to detention, ordered by the judge in lieu of imprisonment not exceeding two years. In these cases the expulsion takes place for a period of not less than 5 years. The deportation order is communicated to the alien who, within ten days, may appeal to the court surveillance (court decides within twenty days).
The penalty is extinguished after ten years following execution of the expulsion, provided that the alien has not returned illegally in the State. In this case, the detention is reset and resumes execution of the sentence.
Its provided the expulsion for:
- an alien who is likely to be victims of persecution for reasons of race, sex, language, nationality, religion, political opinion, personal or social conditions, or would risk being sent to another state in which no be protected from persecution;
- foreigners under 18 years (unless the consumer is able to follow the custodial parent or expelled);
- foreigners holding a residence permit (except in cases of particular gravity);
- foreigners who live with Italian relatives within the fourth degree or with a spouse Italian;
- the foreign women who are pregnant or within six months after the birth of his son. Furthermore, Article. 4 of Additional Protocol no. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the collective expulsion of aliens prohibited.
The Rejection at the border is part of broader measures to strengthen border control and coordination. It can be placed against the alien at the border without the requirements that allow the entry into Italian territory or that is by removing the controls, was stopped just after the entrance. The new law also provides that may be rejected: foreigners expelled, unless they have obtained the special permission or who has passed the period of prohibition of entry, foreigners expelled and those that must be reported, even according to international agreements or conventions in force in Italy, for the refusal or non-admission for serious reasons of public order, national security and the protection of international relations.
The expulsion of a foreigner can not be applied to a state where it can be subjected to persecution