LEGALLY

ITALYStaying inStaying in

I N C O - O P E R AT I O N W I T H

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A cura di:Ministero dell’Interno

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Foto di: Francesco Laera, Shutterstock, Ministero dell’Interno

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Nowadays, access to information is a fundamental right foreverybody and, in particular, for those who live far from their

home country with all the related language problems and the needto comply with often-unknown rules. Being informed helps immi-grants to have a better life in Italy and also helps Italians to betterco-exist with immigrants. Actually, being aware of the existing rulesis the first step to comply with them and be law-abiding.Improving the rules without providing correct information – e.g.who must do what, how, when and where to do it – is not enough.Thanks to this guidebook, which will be constantly updated on thewebsite www.interno.it, the Ministry of the Interior takes a furtherstep forward in providing increasingly clear and exhaustive infor-mation on immigration procedures and rules to all immigrants andto all Italians concerned, including employers (both families andbusinesses), voluntary associations and institutions.Informing immigrants may be considered a “reform”, as fundamen-tal as others, aiming at facilitating integration and co-existencebetween Italians and foreign nationals. In this respect, it is crucialfor the government not to be left alone.

The Minister of the InteriorGiuliano Amato

What is the Aim of this Guidebook?

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Contents➧➧➧➧➧➧➧

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Hiring Foreign Workers at their First Employment page 4

Issue and Renewal of Residence Permit page 5

Residence Permits to apply for at the Questura page 7

The EC Long-Term Residence Permit page 8

Asylum Application page 11

Family Reunion page 14

Foreign Minors page 15

Foreign Nationals and Anagrafe page 19

Education and Foreigner Nationals page 21

Health Care for Foreign Nationals page 23

Citizenship page 25

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The Immigration Guidebook of the Ministry of the Interior pro-

vides foreigners and the Italians concerned with a new

instrument to find an answer to all the questions on immigration

procedures.

Made up of eleven easily accessible information papers, it

describes the procedures concerning renewal of residence per-

mit, family reunion, citizen-

ship, school enrolment, etc.

This meets clarity and trans-

parency needs, strongly felt

by foreigners and by the Ital-

ian families and businesses

which are particularly interest-

ed in labour market proce-

dures.

Further clarity is provided by the translation into the most com-

mon languages among the immigrants living in Italy: English,

French, Spanish, Albanian, Russian, Chinese and Arabic.

Procedures and rules, however, are subject to amendments. For

this reason, this guidebook can also be found on the website

www.interno.it, where it is constantly updated taking into

account amendments in the Italian legislation and procedures.

Introduction

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Hiring Foreign Workers attheir First Employment

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If you want to hire non-European Unionforeigners living outside Italy, under the

Quota Agreement “decreto-flussi” whichsets the maximum number per year of non-EU foreigners who can be allowed to comeand work in the Italian territory, you mustsubmit an application to the SportelloUnico per l’Immigrazione at Prefettura(Front Desk for Immigration) of your resi-dence or where your company has its legalheadquarters, or where the worker will per-form the job.

1. How to applyIf you already know the worker you intendto hire, you must submit to the SportelloUnico:■ Personal application for work authorisa-tion;■ Documents proving availability of suit-able accommodation for the foreigner inaccordance with regional regulations;■ Proposed residence agreement (contrat-to di soggiorno) containing the essentialelements of the agreement and your com-mitment to pay for foreign citizen's returnjourneys to their countries; ■ Your commitment to notify the SportelloUnico of any changes regarding work rela-tionship (termination of work relationship,change of working place, etc.).

But if you do not personally knowthe worker, you can - by submittingthe above-mentioned documents -apply for work authorisation of oneor more people registered in theemployment listings at the Italiandiplomatic or consular representa-tion of those countries which havesigned ad hoc bilateral agreementswith Italy.

These lists are classified by country oforigin and contain foreigners’ personal

data, their professional qualification, theirlevel of Italian language knowledge, theirjob preference (seasonal, temporary orpermanent), as well as the informationabout their training and the job sector inwhich they should be hired.

2. Activities at the Sportello Unico Immigrazione: STAGE 1

In order to enable the Employment Cen-tres (CPI) to publicise the job applicationsof workers registered in the employmentlistings, the Sportello Unico sends suchinformation to all the Italian EmploymentCentres by electronic mail. It also publicis-es the information on its website and byany other possible means.

The Sportello Unico: ■ seeks the opinion of the Questore(Provincial Police Chief) to find out if thereare obstacles on the part of the workerthat may hinder work authorisation;■ seeks the opinion of the ProvincialLabour Office as to whether the requiredminimum contractual standards are met ornot and the employer's income capacity.

In case of one of the above offices’negative opinion, the Sportello Unicorejects the application.

In case of positive opinion:■ The Sportello Unico summons theemployer to collect the work authorisationand sign the contract;■ It sends the documents to the ItalianEmbassy/Consulate by e-mail.

It is always important to remember thatSubordinate work authorisation is validfor 6 months from the date of issue, dur-ing which the worker must come to Italyand sign the contract at the SportelloUnico.

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3. What the worker must do: Once the foreign worker has received

the work authorisation from you, he/sheshall apply for an appointment with theItalian Embassy or Consulate in his/herhome country. The Embassy/Consulate towhich all the documents, including workauthorisation, have been sent by e-mail,notifies the foreigner of the proposed con-tract and issues him/her an entry visawithin 30 days. It also must notify the Min-istry of the Interior, Ministry of Labour andSocial Welfare, INPS and INAIL.

Within eight days of entering Italy, theworker must go to the Sportello Unico thatissued the work authorisation to sign theresidence contract and submit an applica-tion for the residence permit; otherwise,he/she is considered to be in thenational territory illegally.

4. Activities at the Sportello Unico Immigrazione: STAGE 2

When the worker reports to the Sportel-lo Unico, the officer must:✓ Verify the visa issued by the ItalianEmbassy/Consulate and the worker’s per-sonal data; ✓ Issue the fiscal code;✓ Make sure that the foreign worker signs

Issue and Renewal of Residence Permit

✓ Renewal of political asylum✓ Internship for job training✓ Pending reacquisition of citizenship✓ Pending employment✓ Permanent Resident Permit for foreign-ers (now called EC Long-Term ResidencePermit)✓ Self-employed work✓ Subordinate work✓ Subordinate seasonal work✓ Family✓ Family, minor aged 14 – 18✓ Special cases provided for by art. 27 ofthe Immigration Law

➧1. Where to applyIf you are a foreign citizen, you can apply

for the issue and renewal of residence per-mits for the reasons listed below only at thepost offices with the logo SportelloAmico. You can seek the free help of theComuni (Town Councils) taking part in theexperiment or of the Benevolent Institutions(Patronati) in filling in the forms.✓ Guardianship✓ Religious reasons✓ Elective residence✓ Studies (for more than three months)✓ Mission ▼

the Residence Contract;✓ Issue the residence permit applicationform and forward the data to the relevantQuestura (Provincial Police Headquarters).

5. Issue of the Residence Permit After going to the Sportello Unico, the

worker has to go to a post office wherehe/she will send the form picked up at theSportello Unico with the relevant enve-lope. The post office issues a receipt con-taining two personal identification codes(user ID and password), that can be usedto check the status of the application bylogging on to the website www.portaleim-migrazione.it.

The Questura will send a mail to theforeigner at the address indicated inthe application form or a text mes-sage to the mobile number indicatedin the application form, informing theapplicant of the date he/she must goto the Questura to submit the photosand be fingerprinted. The Questurawill then send another mail or textmessage informing the foreigner tocollect the residence permit.

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✓ Application for stateless status (renewal)For any other reasons you must go to

the Questura.

If you have the authorisation and areapplying for the residence permit for workor family reasons, you can go to theSportello Unico Immigrazione (Front Deskfor Immigration).

If you are a foreign family member of anItalian citizen or of an EU citizen and wouldlike to apply for EC Long-Term ResidencePermit (carta di soggiorno) for family mem-ber of an EU citizen, you can choose toeither submit the application through thepost office or directly to the Questura.

2. What to do at the post officeAt all the post offices you will find the yel-

low kit to be carefully filled in following theinstructions.

3. What to do at the Comune or Benevolent Institutions

Here you do not need the paper kit. Youcan get free and qualified assistance infilling in the forms.

4. Where to submit the kit The application kit, in an open envelope,

must be submitted to the Sportello Amicoof the post office.

Remember that if you are applying for therenewal of your permit, you must also sub-mit a copy of the expired residence permit.You must always show your passport.

The post office officer will issue you areceipt to be attached to the expired resi-dence permit. This receipt substitutes andhas the same value as the renewal slip(cedolino) previously issued by the Questura.

5. Costs ■ 27.50 euros to be paid using postal cur-rent account slip if you are applying for aresidence permit valid for a period exceed-ing 90 days. The postal current account slipis available at the post offices with theSportello Amico.■ 14.62 euros for the revenue stamp (marcada bollo).■ 30 euros to be paid to the post office offi-cer while submitting the filled in application.

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■ If you are a foreign family member of anItalian citizen or of an EU citizen and wouldlike to apply for EC Long-Term ResidencePermit (carta di soggiorno) for family mem-ber of an EU citizen, you do not have toattach the revenue stamp or pay the feefor the issue of the electronic residencepermit.

6. Issue of the Residence Permit The Immigration Office at the Questura

will send you a registered mail and a textmessage using the address and phonenumber indicated in the application form,summoning you to the police station to sub-mit your photos and have your fingerprintstaken. You will also be given an appoint-ment to collect the residence permit.

7. Useful informationOn the immigration web portal www.por-

taleimmigrazione.it you can find:■ General information about the applicationprocedure;■ Addresses of authorised Comuni (TownCouncils) and Benevolent Institutions;■ Addresses of post offices with SportelloAmico;■ The state of your application by insertingin the reserved area the userid and pass-word indicated in the receipt you were givenat the post office while submitting the appli-cation.

You can also use the following num-bers: 800.309.309 (toll free) managed incooperation with ANCI. For general information and addressesof authorised Comuni and BenevolentInstitutions. It is operational every day,24 hours a day in Italian, English, Span-ish, Arabic and French.803.160 (toll free) of the Poste Italiane. To find out the address of the postoffices with Sportello Amico. It is oper-ational from Monday to Saturday, from8a.m to 8p.m.848.855.888 (at a cost of a local call).For information about the state of appli-cations. It is operational from Mondayto Friday, from 8.00a.m. to 8.00p.m.

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The agreement between the Ministry ofthe Interior and Poste Italiane states

that the following 9 kinds of residencepermits can be applied for at the Questura(Provincial Police Headquarters).

✓ Medical treatment✓ Sport competitions✓ Work holidays✓ Humanitarian reasons✓ Political asylum (application-issue) ✓ Minor age✓ Justice✓ Application for stateless status (issue)✓ Integration of minor

New rules regarding permits valid for less than 3 months

From 2nd June 2007, foreigners wishingto stay in Italy for tourism, business, vis-its or studies are not required to apply fora residence permit.

This change is contained in the Law n.68 of 28th May 2007, issued in the OfficialGazette n. 126 on 1stJune 2007. Accord-ing to the new rules, foreign citizens mustsimply report their presence in the nation-al territory complying with the formalitiesstated in the Minister of the Interior’sdecree dated 26th July 2007 (issued in theOfficial Gazette n. 181 on 6th August2007). They have to directly report theirpresence to the border authorities whenentering the country if they arrive fromnon-Schengen States and the borderauthority will stamp their travel documentwith a Schengen mark. If they are arrivingfrom other Schengen States, they candirectly report their presence to the Ques-tura filling in the relevant form within 8days of their arrival in Italy. If they are stay-ing in a hotel/guest house, the hotel man-agement will provide them with a copy ofthe hotel report, according to the law.

It is important that they do not stay in theItalian territory for a period exceeding 3

months or the shorter time indicated in theentry visa (if a visa is required) and thatentry conditions are met.

Entry and stay in Italy for periods exceeding 3 months

Foreigners who would like to stay in Italymust apply for the residence permit.

Whoever arrives in Italy for the first timemust apply for the residence permit within8 days.

A foreigner who is already in Italy andwhose residence permit is about to expiremust apply for its renewal within the timelimit indicated below, and in any case notbeyond 60 days from its expiration.

In order to get a residence permit, it isnecessary to have:■ Application form;■ Valid passport or any other equivalentdocument with the visa if required; ■ Photocopy of the same document; ■ 4 recent and identical passport size pho-tos;■ Revenue stamp of 14.62 euros;■ Required documents for the type of res-idence permit one is applying for.

The application for renewal of the resi-dence permit must be submitted at least: ■ 90 days before its expiration, in case of aresidence permit valid for 2 years;■ 60 days before its expiration, in case ofresidence permit valid for 1 year;■ 30 days before the expiration, in case of

Residence Permits toapply for at the Questura

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➧1. Conditions of applicationYou can apply for the EC Long-Term

Residence Permit (Permesso di Soggiornoper Soggiornanti di Lungo Periodo -S.L.P), previously called Carta di Sog-giorno (Residence Card) for yourself andyour family members if:■ You have a residence permit and havebeen legally resident in Italy for a period ofat least 5 years;■ Your minimum income is equivalent tothe amount of the social security benefit. Ifyou also apply for your family membersthe income is indicated in the followingtable:

Italian citizen or of an EU citizen and youhave entered Italy legally, you can directlyapply for the EC Long-Term ResidencePermit (carta di soggiorno) for a familymember of an EU citizen at the Questuraor through the post office.

In this case, you must complete theform and attach:

✓ Photocopy of passport or other equiv-alent document, with the visa if required: ✓ 4 passport size photos;✓ Photocopy of certificates provingfamily relationship and if required, proofthat the applicant is a dependent familymember; ✓ Photocopy of EU citizen's receipt ofapplication for registration at the Ana-grafe.

Foreign family members of an EU citizenwho can apply for the EC Long-Term Res-idence Permit are:■ Spouse;■ Direct descendants under 21 years old ordependent descendants as well as thoseof the spouse; ■ Dependent direct ascendants and thoseof the spouse. ●●

{{all other permits.

The expiring date of the residence per-mit is the same as the expiration of theentry visa:■ Up to nine months for seasonal work; ■ Up to one year for subordinate work witha temporary contract, and for study orvocational training;■ Up to two years for self-employed work,for subordinate permanent work and forfamily reunion.

European Union Citizens

If you are a European Union citizen,you do not have to apply for the ECLong-Term Residence Permit (cartadi soggiorno). If you wish to stay inItaly for a period exceeding threemonths, you must go to the Anagrafe(Register Office) of the Comune(Town Council) where you live andapply for registration and you willreceive a registration receipt.

Family Members of European Union Citizens

If you are a foreign family member of an

The EC Long-TermResidence Permit

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NUMBER OF FAMILY REQUIRED INCOMEMEMBERS(including the applicant)

1 – 2 (one – two) Annual income equal to the amount of social security benefit (5,061.68 euros for 2007)

3 – 4 (three – four) Annual income equal to the double amount of social security benefit

5 (five) or more annual income equal to the triple amount of social security benefit

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tute) receipts or the statements issued bythe INPS itself containing an analyticalabstract of the contributions made;✓ Police records certificate and registra-tions certificate regarding criminal pro-ceedings (to be asked for at the UfficioCasellario del Tribunale - Criminal RecordsOffice of the Court);✓ Copies of payslips for the current year;✓ Certificate of residence and family situ-ation;✓ Postal slip certifying payment of theelectronic residence permit (27.50 euros);✓ Revenue stamp of 14.62 euros.

IT IS IMPORTANT TO REMEMBER THATThe EC Long-Term Residence Permit:

■ Is valid for an indefinite period;■ Is valid as personal identification docu-ment for 5 years (subsequently the appli-cant may ask for its renewal by submittingnew photos)■ Cannot be granted to a foreigner who isa threat to State security and publicorder;■ Can be requested neither by holders ofa permit for study, professional training,temporary protection, humanitarian rea-sons, asylum application when therelated status has not been recognisedyet, nor by short-term residence permitsholders.

EC Long-Term Residence Permit for Live-in Spouse How to applyIf you are spouse of a foreigner who

holds an EC Long-Term Residence Per-mit or of a foreign national who hasapplied for an EC Long-Term ResidencePermit you can apply for said permit forfamily reasons by filling in the Form 1(Modulo 1) of the yellow kit and stick-ing a 14.62 euro revenue stamp on it.(Form 2 shall be filled in only if youhave your own income).Moreover, together with the form (dulyfilled in and signed) you have to attachthe following:✓ Photocopy of the whole passport (orother equivalent document);✓ Photocopy of the income tax return of

The family members for whom youcan ask an EC Residence Permit arethose who are entitled to family reunion(spouse, minor children, minor children ofthe spouse or children born out of wed-lock, adult children who are not self-sup-porting due to their health conditions,dependent parents).

If you apply for an EC Residence Permitalso for your family members you shallattach a photocopy of suitable accommo-dation certificate.

2. How to apply You must go to the post office where the

application forms are distributed for free(yellow kit).

In order to fill in the application, pleasefollow the instructions contained in the kitand in the paper “Issue-Renewal of theResidence Permit”.

Together with the form (filled in andundersigned) you have to submit the fol-lowing: ✓ Photocopy of the whole passport (orother equivalent document);✓ Photocopy of the income tax return(Unico/CUD form relating to the previousyear). Domestic workers (colf/badanti i.e.house helpers/caregivers) have to exhibitthe INPS (National Social Security Insti-

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EC Long-Term Residence Permit for Dependent Live-in ParentsHow to applyIf you are a live-in parent of a foreign

national holding an EC Long-Term Resi-dence Permit or of a foreign national whohas applied for an EC Long-Term Resi-dence Permit you can apply for said per-mit for family reasons by filling in Form 1of the yellow kit and sticking a 14.62 eurorevenue stamp on it.

Together with the form (duly filled in andsigned) you have to attach the following: ✓ Photocopy of the whole passport (orother equivalent document);✓ Photocopy of the income tax return ofthe child (Unico or CUD form relating tothe previous year). Domestic workers(colf/badanti i.e. house helpers/care-givers) have to exhibit copies of the INPS(National Social Security Institute) receiptsor to show the statements issued by theINPS itself containing an analyticalabstract of the contributions made;✓ Criminal records certificate and regis-trations certificate regarding criminal pro-ceedings (to be asked for at the UfficioCasellario del Tribunale - CriminalRecords Office of the Court);✓ Photocopy of the official documentsattesting the parental status. If such a cer-tificate comes from abroad, it has to betranslated into Italian and authenticatedby the Italian diplomatic/consular repre-sentation;✓ Photocopy of suitable accommodationcertificate;✓ Self-certification on your residence andfamily situation;✓ Postal slip certifying payment of theelectronic residence permit (27.50 euros)When submitting your application for EClong-term residence permit you have topay 30 euros to the post office.

MINOR CHILDREN■ Minor children under 14 shall not submita separate application from that of theirparent (or parents) they live with. In thiscase parents, when applying for a resi-dence permit or for an EC Long-Term Res-idence Permit shall ask for the registrationof the minor child under 14 in their docu-

the spouse (Unico or CUD form relating tothe previous year) and of your ownincome tax return, if any. Domestic work-ers (colf/badanti i.e. house helpers/care-givers) have to exhibit copies of the INPS(National Social Security Institute) receiptsor to show the statements issued by theINPS itself containing an analyticalabstract of the contributions made;✓ Criminal records certificate and registra-tions certificate regarding criminal pro-ceedings (to be asked for at the UfficioCasellario del Tribunale - Criminal RecordsOffice of the Court);✓ Photocopy of the official documentsattesting the marital relationship (marriagecertificate). If such a certificate comesfrom abroad, it has to be translated intoItalian and authenticated by the Italiandiplomatic/consular representation;✓ Photocopy of suitable accommodationcertificate;✓ Postal slip certifying payment of theelectronic residence permit (27.50 euros)

EC Long-Term Residence Permit for Minor Children over 14 Years of AgeHow to applyIf you are a minor child over 14 living

with a foreigner holding an EC Long-TermResidence Permit or of a foreigner whohas applied for an EC Long-Term Resi-dence Permit you can apply for said per-mit for family reasons by filling in the Form1 (Modulo 1) and sticking a 14.62 euro rev-enue stamp on it.

Together with the form you have toattach the following documents: ✓ Photocopy of the whole passport (orother equivalent document);✓ Photocopy of the official documentsattesting the minor child status. If this doc-umentation comes from abroad, it has tobe translated into Italian and authenticatedby the Italian diplomatic/consular repre-sentation (if the minor has entered Italywith a visa for family reunion, the above-mentioned documentation is not neces-sary);✓ Photocopy of suitable accommodationcertificate;✓ Postal slip certifying payment of theelectronic residence permit (27.50 euros)

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ment by filling in the relevant part of Form 1.■ When a minor child registered in one ofthe parents' residence permit or residencecard is 14, he/she will have a residence per-mit for family reasons until the age of 18 orthe EC Residence Permit.■ The residence permit for family reasonsallows the holder to access social services,to attend study or professional trainingcourses and carry out subordinate or self-employed work, provided that he/she meetsthe minimum age requirements to work.

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Asylum Application➧

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1. You can apply for refugee status if:

In your home country you were directlyand personally persecuted for reasons ofrace, religion, nationality, membership of aparticular social group or political opinion,or if there is a well-founded and proved rea-son to hold that you may be persecuted incase you return to your home country (incompliance with the Geneva Convention).

2. You cannot submit your application for refugee status in Italy if:

■ You have already obtained refugee sta-tus in another State; ■ You come from a State, other than that ofyour origin, that adheres to the GenevaConvention and where you stayed for acertain period of time but never applied forthe refugee status;■ You have already been convicted in Italyof a crime against the State or State secu-rity, a crime against public security, or oneof the following crimes: reduction to slav-ery, theft, robbery, vandalism and pillage,or a crime connected with the selling ofand illegal trafficking in weapons and nar-cotics. The same applies also if you havebeen convicted of the crime of associationwith Mafia or for belonging to terroristorganisations;■ You have committed war crimes orcrimes against peace and humanity.

3. Where to apply ✓ With the Italian Border Police Officeon arrival; or✓ With the Immigration Office of thelocally competent Questura (ProvincialPolice headquarters) if in the placewhere you entered Italy there is not aBorder Police Office.

4. How to applyYou can apply with the Police Office

where you will receive ad hoc forms inwhich you will have to: ■ State the reasons why you are applyingfor refugee status;■ Provide any other information and docu-ments necessary for supporting yourapplication;■ Attach a copy of a valid personal ID doc-ument (passport, ID card, etc.), if you haveany, or provide personal details to PoliceAuthorities by indicating an address where

■ The residence permit for family reasonsis valid for the same length of time as theresidence permit of the foreign familymember who received the authorisationfor family reunion and is renewable togeth-er with the permit belonging to said for-eign family member.■ At the age of 18, the foreigner with theresidence permit for family reasons isgranted a residence permit for study rea-sons, access to work or work, dependingon the relevant activity. ●●

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one year, is renewable and will allow youto work;✓ Reject your application: in that case theQuestore will order you to leave thenational territory.

7. If you don't speak Italian

If you don’t speak Italian, you canask for an interpreter or a culturalmediator in filling in and writing out –if possible, in your language or in oneof the most common languages(ENGLISH, FRENCH, SPANISH andARABIC) – the information form andthe statements concerning the rea-sons for your application.

8. What happens after applying?■ When the Police Authorities ascertainthat the documents submitted are the rightones, the Questore of the province wherethe application was submitted issues aresidence permit valid for three months,which is renewable until the CompetentTerritorial Commission decides on thecase.■ If you have arrived in Italy without IDpapers stating your nationality and person-al data, or if your application for refugeestatus recognition is based on elementsthat need to be verified, you will be hostedin one of the Identification Centres for amaximum of 20 days. If within that timeyour application has not been examinedby the Competent Territorial Commissionyet, you will be entitled to leave the centreand will be given a residence permit validfor three months and renewable until theCompetent Territorial Commission decideson the case.

If you don't have means of subsistence,you can ask the competent Prefettura,through the Police Authorities where youapplied, to be hosted in a municipal recep-tion centre for the whole period of exami-nation of your application for refugee sta-tus.

9. Remember that at the Identification Centre:

✓ You will be guaranteed urgent ambulato-ry and hospital treatments;

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your correspondence is to be sent to.The Questura will provide you with a

copy of your application and of any docu-ments you have produced and will takeyour photo and fingerprints.

5. Who decides on your application?

The Questura will immediatelysend the application, together withthe necessary enclosed docu-ments, to the competent Commis-sione Territoriale per il Riconosci-mento dello Status di Rifugiato(Territorial Commission for therecognition of refugee status). ThisCommission will decide whether togrant you the refugee status or not.There are 7 Commissions in Italy(Gorizia, Milan, Rome, Foggia, Sira-cusa, Crotone and Trapani). TheQuestura will send a notice to theaddress indicated in your applica-tion, specifying the date of thesummoning at the Commission.

It is important that you always informthe Questura of any changes in domi-cile in order to receive all the corre-spondence. Remember that it is veryimportant for you to appear before theCommission. In fact the interview will giveyou the opportunity to better explain yoursituation and the reasons why you fearpersecution. If you do not appear beforethe Commission, they can decide on yourapplication only by examining the avail-able documents without listening to you.

6. What decisions can the Commission take?

The Territorial Commission will take thedecision on your application within 3 daysof the interview. They can decide one ofthe following:✓ Grant you the refugee status;✓ Reject your application, but even if youdon't meet the requirements for obtainingrefugee status, the Commission can inde-pendently assess the dangerousness ofyour repatriation and ask the Questore toissue you a residence permit for human-itarian protection. This permit is valid for

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➧✓ You will be allowed to receive, under nospecial conditions, visits from your familymembers, your lawyer, the UNHCR andany other organisations or bodies forrefugees’ protection recognized by theItalian Ministry of the Interior;✓ You are not forced to remain at theCentre during the day, except duringnight-time, of course under the rules setby the body running the Centre. You canalso ask the official in charge of the Cen-tre to be away over an extended period oftime – beyond the time set by the Cen-tre’s rules – because of special reasons(family, health);✓ Non-authorised and unjustified exit fromthe Centre for a prolonged period is tanta-mount to your renunciation of your appli-cation for refugee status.

10. What can you do to appeal against the rejection of your application?

If you are hosted in an IdentificationCentre, you can – within 5 days of therejection of your application – make anappeal to the President of the TerritorialCommission, asking for your applicationto be re-examined. The appeal has to bebased on new elements emerged after thedecision of the Commission or on factsexisting before but not considered by theCommission. The request for review willbe decided on within 15 days.

In any case, within 15 days of notifica-tion of the rejection of your application bythe Commission, you can appeal to theOrdinary Court of Law with territorialjurisdiction (if you are abroad you can do itthrough the Italian diplomatic representa-tion).

In both cases, you can request thePrefetto (Prefect) of the provincewhere you live to allow you to remainin the national territory until the deci-sion on your appeal. You'll be notifiedof the Prefetto’s decision within 5days of the request and, in case yourrequest is accepted, you will beinformed of the conditions of yourstay in Italy.

11.What happens if you are granted the refugee status?

■ The Commission will grant you therefugee status and give you a card prov-ing you've been granted the refugee sta-tus.■ Together with the card, the Questurawill give you a travel document allowingyou to go abroad and return to Italy (thistravel document has the same validityperiod of the residence permit);■ In order to get identity documents,you'll have to go to the Comune (TownCouncil) in your place of residence;■ You will be entitled to a residence per-mit valid for two years;■ You will have the same rights andduties as Italian citizens, only exceptsome rights ensuing from the Italian citi-zenship (for example: the right to vote, totake part in competitions for public jobs,etc.).■ If you need to obtain some certificatesor documents from your home countryto exercise a right in Italy, the Italianauthorities will help you obtain them, orwill issue certificates or documents sub-stituting in every respect the official doc-uments of your home country.■ You absolutely cannot go back to yourhome country. If it happens, that could infact cause the cessation of your refugeestatus because it would be consideredas a manifestation of your will to availyourself again of the protection of yourcountry of origin. Likewise, any applica-tion for a passport at the diplomatic rep-resentation of your country in Italy will beconsidered as your will to avail yourselfof the protection of your home country. ■ The personal document given to youby the Questura will allow you to travelabroad for a period not exceeding threemonths, without visa requirement. If youneed to reside abroad for a longer peri-od, for example for employment rea-sons, you have to apply for a visa at thediplomatic representation of the countryyou are planning to go, then you canstart the procedure for the “transfer ofresponsibility” to that new State whichwill host you. ●●

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FamilyReunion

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1. Conditions of applicationA foreign national, holder of an EC

Long-Term Residence Permit or of a resi-dence permit for subordinate work, self-employment, asylum, study, family or reli-gious reasons, valid for at least one year,can apply for a family clearance for his/herfamily members, as a right to familyreunion.

2. Family members concerned✓ The spouse;✓ Children under 18, even if they are thespouse’s children or they born out of wed-lock, unmarried or separated parents’ chil-dren, provided that the other parent, ifexisting, gives his/her consent;✓ Dependent children over 18, in casethey cannot provide for their keep due toserious health conditions resulting in per-manent inability to earn their living;✓ Dependent parents who have not ade-quate family support in the country of ori-gin or provenance.

3. Activities carried out by the Sportello Unico (Front Desk for Immigration)

■ If the above-mentioned conditions aremet, application forms for an entry clear-ance (nullaosta) shall be submitted or sentto the competent Sportello Unico with thenecessary documentation concerningadequate accommodation and requiredminimum income, as well as with a photo-copy of your passport and residence per-mit.■ The family member shall submit to theItalian Consular Authority in his/her coun-try of residence supporting documenta-tion in regard to family relationship, his/herminority or health conditions.■ A receipt of the application and docu-mentation received is given to the appli-cant by the Sportello Unico.

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STAYING IN ITALY LEGALLYSTAYING IN ITALY LEGALLY

■ If all requirements are satisfied, theSportello Unico issues an entry clearancewithin 90 days of application or rejects theapplication and informs the Italian Con-sular Authority.■ Should the Sportello Unico not issue anentry clearance within 90 days of applica-tion, the family member shall submit to theItalian Diplomatic or Consular Authorityabroad a copy of the receipt of the applica-tion and relevant documentation which wassubmitted to the Sportello Unico by his/herrelative, in order to obtain an entry visa.■ Within 8 days of arrival in Italy, the familymember is required to go to the SportelloUnico where the entry clearance wasissued. There, a form will be provided tobe filled out and also an application formfor residence permit. Failing to comply, theforeign national will be considered as ille-gally staying in the Italian territory.■ A residence permit for family reasonsentitles the holder to take subordinatework or self-employment, to be grantedaccess to education and to health careprovided by the National Health Service.

4. Family members entering with their relatives

In order to foster family cohesionand unit, if you hold an entry visa forsubordinate work (with at least one-year contract), for continuous self-employment, for study or religiousreasons, you can enter Italy with thesame family members allowed tofamily reunion.

Relatives accompanying a foreign nationalholding an entry visa shall comply with thesame procedure and submit the samedocuments as for family reunion.The application for an entry clearance for afamily member can be submitted by proxy.

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Foreign MinorsForeign minors, although they have ille-

gally entered the Italian territory, areentitled to the rights set out in the NewYork Convention on the Rights of the Childof 1989 where it is stated that in all actionsconcerning children “the best interests ofthe child shall be a primary consideration”.

In Italy the body established by law andresponsible for monitoring residence con-ditions of foreign minors temporarilyadmitted on the national territory, as wellas for coordinating activities of all authori-ties involved, is the Committee for ForeignMinors, established at the Ministero dellaSolidarietà Sociale (Ministry of Welfare).

Minors living in Italy can be subdividedinto:■ “Accompanied”, when the custody of a ▼

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minor is granted by formal order to a rela-tive within third degree of kinship andlegally residing; ■ “Unaccompanied”, minors who are inItaly either without their parents or otheradults who are legally responsible forassisting or representing them.

1. RightsTo education All foreign children, also without valid

residence permit, are entitled to attendany kind of school levels (and not onlycompulsory education). Enrolment of for-eign minors is based on the same proce-dures and requirements as envisaged forItalian children and can be requested atany time of the school year.

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codes (userid and password), issued bythe post office, will allow the foreignnational to follow the status of his/herapplication on the website www.por-taleimmigrazione.it.■ The Questura (Provincial Police Head-quarters) will notify the foreign national, atthe address and mobile phone stated inthe application, of the date he/she mustgo to the Questura to submit his/her pho-tos and be fingerprinted, as well as of thesubsequent date to collect his/her resi-dence permit. ●●

The following documents have also to be submitted:

✓ Photocopy of the identity card of theproxy;✓ Proxy for an Italian national or a for-eign national legally residing in Italy tosubmit an application for an entry clear-ance for family members. The form forthe proxy, which is available at the Italiandiplomatic/consular representation, isfilled in and signed before the official ofthe Italian Consulate by the foreignnational who has already been grantedan entry visa for the above-mentionedreasons.

A foreign family member of an Italian orEU national is not required to apply foran entry clearance at the SportelloUnico, but can apply for an entry visadirectly at the Italian Embassy.

5. Issue of a residence permit■ After having collected the applicationform from the Sportello Unico, the familymember is required to send the aforesaidform through a post office. The relevantreceipt with two personal identification

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Minors falling under compulsoryeducation are enrolled by their par-ents or guardians in the grade cor-responding to their age unless theteachers’ board decides that thechild can attend a different grade,having regard to:

■ School system in the minor’s country ofprovenance;■ Evaluation of skills, qualifications andlevel of competence of the child;■ Course of studies in the minor’s countryof provenance;■ Educational qualifications, if any.

To health care Foreign minors holding a residence per-

mit (issued for minor age, guardianship,family reasons, social protection, asylumapplication or asylum) shall be registeredby their guardians with the National HealthService (S.S.N.). Foreign children are enti-tled to all benefits ensured by the Italianhealth service.

Children shall be registered with theirAzienda Sanitaria Locale (Local HealthUnit) having jurisdiction over their resi-dence or abode stated in their residencepermits, submitting the following docu-ments:

✓ identity card;✓ fiscal code;✓ residence permit; ✓ self-certification regarding theminor’s residence or abode (a morethan three-month stay in a temporaryhosting centre is considered a person’splace of habitual abode).

Once a person is registered, he/she canchoose his/her family doctor and paediatri-cian.

During registration the person willreceive the Tesserino sanitario personale(Personal Healthcare Card) and also to thefollowing free services (or to pay only areduced charge, known as “ticket”,depending on the Italian region): examina-tions at health care centres, specialistexaminations, home call, hospitalization,vaccinations, blood tests, X-rays, scans,

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medicines, post-traumatic treatment,prostheses.

Foreign children without residence per-mit cannot be registered with the S.S.N.but they have the right to the necessaryand urgent medical assistance and hospi-talization, even in case of prolonged treat-ment, to treatment for any illness or injury,to programmes of preventive medicine. Inany case, minors are granted access to:■ Treatment and measures regarding ante-natal and postnatal care;■ Provision of necessary health care to achild;■ Vaccinations, according to the regula-tions and within the regional campaignsfor preventive medicine;■ International prophylaxis services;■ Prophylaxis, diagnosis and treatment ofinfectious diseases.

To employmentItaly accords to foreign minors the same

treatment envisaged for Italian minorsregarding the right to engage in wage-earning employment (admission toemployment only after the age of sixteenand after having completed compulsoryeducation).

2. An “unaccompanied” minoris also entitled to the right to:

Protection and assistance

Italy accords to an unaccompaniedminor the same treatment envis-aged for Italian minors in the field ofprotection and assistance to aminor. In particular, the relevant rules pro-vide for the following:

✓ Accommodation in a place of safetyfor an abandoned child provided by thecompetent local Authority (the Comune asa rule);✓ Starting a guardianship process, if thechild’s parents are unable to exercise theirparental responsibility;✓ Child Guardianship, under the care of afamily or an assistance centre, when thechild is temporarily lacking a proper family

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environment. Guardianship can be decided upon by

the Tribunale per i Minorenni (Youth Court)(judicial guardianship order) or by theSocial Service Department of the localComune (Town Council) when the minor’sparents or guardian are unable to exercisetheir parental responsibility for the child. Inthat case, parents or guardian shall givetheir consent, along with the Giudice Tute-lare (Guardianship Judge) who upholdsand enforces this type of guardianship(consensual guardianship).

When an unaccompanied minor is foundby an authority on the Italian territoryhe/she shall be reported to:

✓ the Procura (State ProsecutionOffice) at the competent Youth Court,unless the minor is hosted by a familymember (within fourth degree of kin-ship) able to care for him/her;✓ the Giudice Tutelare for a guardian-ship order;✓ the Committee for Foreign Minors,unless an asylum application was sub-mitted.

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Not to be expelled A foreign minor cannot be expelled,

except on grounds of national security orpublic order (in that case, the Youth Courthas jurisdiction).

However, an unaccompanied minor maybe repatriated through a project of assist-ed repatriation aimed at guaranteeing theright to family unity.

The decision on whether a minor shouldbe repatriated rests with the Committeefor Foreign Minors which, on the ground ofa specific investigation conducted inhis/her country of origin, shall considerwhat is in the best interest of the child.

If the Committee for Foreign Minorsrules that the minor should be repatriated,assisted repatriation is executed and theminor is returned to his/her family or to thecompetent authorities in his/her country oforigin.

Unlike expulsion, repatriation does notimply a ban on re-entering the country forten years.

Should a minor deem that repatriation isnot in his/her best interest, he/she has theright to appeal, through his/her parents orguardian, to the Judiciary (either OrdinaryCourt of Law or Regional AdministrativeCourt) against the decision of the Commit-tee.

To a residence permitAll unaccompanied minors are entitled

to be granted residence permits asminors, only on the basis of being underthe age of eighteen (and as such they can-not be expelled).

A residence permit as a minor can beconverted into a permit for guardianship ifthe Committee for Foreign Minors doesnot impose repatriation, and hence aguardianship order is issued by the YouthCourt or by the Giudice Tutelare upon ini-tiative of the Social Services.

A residence permit for guardian-ship entitles the holder to takeemployment under the Italian lawsgoverning employment of minorsand can be converted into a resi-dence permit for study or employ-ment, when majority is attained.

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If the guardian is a cohabiting foreignnational who is legally residing in Italy, theminor is registered in the guardian’s resi-dence permit until he/she reaches the ageof 14 when he/she can obtain his/her ownresidence permit for family reasons.

Applications for a residence permit foran unaccompanied minor shall be submit-ted by the person having parental respon-sibility, namely:✓ by a guardian, if appointed; ✓ by the legal representative of the insti-tution or assistance centre or localAuthority, if the minor is placed under thecare of an institution or assistance centreor if he/she is under the care of a localAuthority.

To apply for asylum Foreign unaccompanied minors have

the right to apply for asylum, through theperson having parental responsibility, ifthere are grounded reasons to believe thatthey can be persecuted in their homecountries for reasons of race, religion,nationality, membership of a particularsocial group or political opinion.

Applications for asylum are examinedby the competent Territorial Commis-sion for the Recognition of RefugeeStatus. If a minor is recognized refugeestatus, he/she is entitled to a residencepermit for asylum. Should the applicationbe rejected, the Commission may requestthe Questore to grant a residence permitfor humanitarian reasons, if they deemrepatriation dangerous and in any caseinappropriate. A minor has the right toappeal to the Ordinary Court of Lawagainst the decision of the aforesaidCommission, through his/her parents orguardian (see “Application for Asylum”).

3. The age of majorityThe possibility for a foreign minor to

remain in Italy with a regular residence per-mit after attaining majority depends on theresidence permit he/she held as a minor(for family reasons or guardianship), and onother circumstances and requirements.

When majority is attained, unaccompa-nied minors holding a residence permit forguardianship may apply for a residence

{{permit for study, employment seeking,subordinate work or self-employment, if:

✓ They have completed three years’stay in Italy, that is, they enteredbefore the age of fifteen;✓ They were admitted to a two-yearproject of social and civil integrationmanaged by a national private orpublic institution and registered incompliance with the law;✓ They attend a course of study or areemployed in compliance with relevantregulations or if they have signed aemployment contract, although theyhave not started working yet.

Minors holding a residence permit forfamily reasons may apply for a residencepermit for study or subordinate work orself-employment when majority is attained.

Minors who were convicted of a crimebefore the age of eighteen can be granteda residence permit for social protectionafter having served their sentences, if theyfollowed a programme of social assis-tance and integration.

The residence permit for social protectionmay also be granted by the Questore, uponproposal of the Social Service Departmentof the Comune, if the foreign minors weresubject to violence and serious exploitation(prostitution, labour exploitation, etc.) and iftheir safety is in serious danger.

A residence permit for social protectionentitles the holder to take employmentand can be renewed. ●●

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Registration with the Anagrafe (Reg-ister Office) is a measure enabling

the mayor or his delegate to check theforeign national’s habitual residencewithin the municipal territory.

1. How to registerIn order to register with the Anagrafe,

you must be over 18. You must personallygo to the Anagrafe of the Comune (TownCouncil) of your residence where you willbe given a form to complete and sign.

Here you must also declare the resi-dence in Italy of any family membersunder 18.

Together with the application, you mustalso produce:

✓ Residence permit valid for longerthan 3 months; ✓ Valid passport or an equivalentdocument;✓ Fiscal code;✓ Documents proving your civil sta-tus containing data that are notshown in your passport (i.e.birth,marriage, divorce, kinship etc.).These documents must be either:- original, issued by the competentauthorities in the country where theevent took place, translated into Italianand then certified;or- original, issued by the ConsularAuthorities of your own country in Italywith authentication of your signature atthe local Prefettura.

If you are living in a reception or com-munity centre, a residence statementsigned by the person in charge is required.

Registration of the application is madeonly after the Anagrafe officer, through thePolizia Municipale (Municipal Police), haschecked that you (and your family if theapplication also included them) are actual-ly living at the given address. Only upon

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confirmation can the application be regis-tered with the Anagrafe. In this case, thedate of the application submitted to theAnagrafe of the Comune will be the effec-tive starting date of your residence.

2. It is important to know thatBeing registered with the Anagrafe is

fundamental for several administrative for-malities, such as issuing a driving licenceand enrolment in the Servizio SanitarioNazionale (National Health Service).■ All personal data (name, surname, placeand date of birth, citizenship) indicated inyour passport must match exactly thedata in your residence permit.■ Any registration, change or deletion atthe Anagrafe will be officially communicat-ed to the local Questura (Provincial PoliceHeadquarters) which has territorial juris-diction.■ If you are not registered with the Ana-grafe you must communicate any changesof address to the local Questura, whichhas territorial jurisdiction, within 15 days.■ You must then declare your place of res-idence (also when changing place of resi-dence or address) to the Tax Departmentof the Comune of your residence for thesolid waste disposal tax. You will be giventhe relevant form to fill in at the counter ofthe Anagrafe. ▼

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■ If you have been living in a receptioncentre for more than 3 months and haverelevant documentary evidence, thereception centre is considered to be yourhabitual abode.

Within 60 days of the renewal ofyour residence permit, you mustagain provide a statement ofhabitual residence to the Ana-grafe officer of the Comune byenclosing a copy of your new resi-dence permit. Otherwise yourname might be deleted from theregister of the Comune.

3. How to change place of residence

If you want to move to anotherComune, you must send the appli-cation to the Anagrafe of your newresidence, within 20 days of actualtransfer.

When making your application, youmust produce: ✓ Valid identity document;✓ Residence permit or the applicationreceipt for your expired residence permitrenewal;✓ Italian driving licence and/or ownedvehicles registration documents (if any).

In your application, you must point outyour personal details and the addresswhere you intend to establish your newhabitual abode. If you intend to live withanother family, consent from the familysituation certificate holder will berequired. If the application also involvesyour family, all family memberdetails are to be stated.

4. How to change addressIf you want to change

address within the sameComune in which you reside,you must duly apply to the Ana-grafe of your residence by pro-ducing a valid identity docu-ment (passport or ID), a validresidence permit (of all thosewho intend to change address),an Italian driving licence and/or

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registration documents of owned vehicles(if any).

5. Deletion from the AnagrafeYou should remember that your name

will be deleted from the registers of theAnagrafe of the Comune of habitual abodeor residence:■ In the event you move abroad or toanother Comune;■ If, after repeated checks or according tothe general population census, you are notfound at the given place of residence;■ If you fail to renew your habitual abodedeclaration and one year has elapsedsince your residence permit expired with-out applying for its renewal. In this case,you will be informed in advance and askedto renew the declaration within 30 days.

6. Identity card In order to obtain an identity card, you

must go to the Anagrafe and produce:✓ 3 identical recent passport-sizephotographs;✓ Valid passport; ✓ Valid residence permit or applica-tion for the renewal of the expiredpermit.

You must remember that the identity card■ is valid for five years and is not valid fortravelling abroad;■ does not entitle a foreign national to stayin Italy in the absence or on expiration ofhis/her residence permit, unless otherwiseprovided for by international conventionsor agreements. ●●

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Education and Foreigner Nationals

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In Italy, education is both a right and aduty, namely the right to study and the

duty to attend school until the age of 16.Foreign nationals with a valid residencepermit in Italy are granted education onthe same conditions as applied to Italians.

Note: the legislation on residencepermits for study was amendedwith Decree-law 154 of 10th August2007- “Implementation of Directive2004/114/EC on the conditions ofadmission of third-country nation-als for the purpose of studies, pupilexchange, unremunerated trainingor voluntary service” published inthe Official Journal 216 on 17thSeptember, 2007.

1. Right to education for foreign children living in Italy

Foreign children:■ Are eligible for education on the sameconditions as applied to Italians inde-pendently of their legal or illegal status;■ Are obliged to attend school accord-ing to the relevant laws in force;■ May apply for admission during anyschool term.

If foreign children do not have any identi-ty documents or if they have irregular orincomplete papers, one of the parents orthe legal guardian of the children must takefull responsibility for certifying each child’spersonal details. In this case, foreign chil-dren are admitted on condition, without anydetriment to final qualifications at the end ofevery level of education.

2. How to enrol Children who must attend the school are

enrolled by their parents - or by the legalguardian - in a grade corresponding to theiractual age, unless the teaching boarddecides otherwise, taking into account var-

ious elements (home country school regula-tions; knowledge assessment, skills andeducational level of the student; education-al courses attended in their home coun-tries; any educational qualification).

3. Right to education for foreign adults living in Italy

Foreign adults are also entitled toreceive education.

Their right to study allows them to learnItalian, which is their first need (literacycourses at various levels).

If you want to obtain a lower secondaryschool degree, you should apply to theschool headmaster specifying your per-sonal details and level of education.Moreover, you have to prove that youhave a good knowledge of the Italian lan-guage and a valid residence permit.

If you have already attended compul-sory education and wish to carry on withyour studies, you can directly enrol at ahigher secondary school in order to getthe relevant degree.

4. Education for foreign nationals living abroad

Foreign nationals living abroad mayattend higher education courses ortechnical-vocational training cours-es by applying for a student visa tothe competent Italian diplomatic orconsular authorities in their countryof origin.

Requirements:✓ Age over fourteen;✓ Enrolment certificate on the chosenvocational or specialization training courseissued by an Italian school or institute;✓ Insurance policy for medical treatmentsand hospitalization, if not entitled to healthcare in Italy;

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about the local evaluation system and scaleof grades, which determined the grade orthe evaluation indicated in his/her diploma.

1. Where and how to apply for a study visa

You (and any of your relatives coming toItaly) can apply for your entry visa to theItalian diplomatic or consular representa-tion in your home country.

Application shall state:✓ All your personal details and those ofyour relatives;✓ Essential data contained in passport orany other travel document;✓ Destination country;✓ Purpose of stay and its length.

When applying, you shall produce the following documents:✓ Passport or any other equivalent traveldocument;✓ Documents concerning travel purposes;✓ Accommodation availability;✓ Documents proving that you haveenough funds to come to and stay in Italy;✓ Certificate of validity in Italy of your sec-ondary school diploma issued by the com-petent Italian diplomatic or consular repre-sentation in your home country.

2. When and how to renew residence permits

Residence permits for study purposesare renewed:■ If in the course of the first year you

✓ Proof of sufficient financial resourcesnot less than half of the Italian minimumannual social security allowance;✓ Documents proving that the foreignnational has money to return to his/hercountry at the end of study.

Furthermore, it shall be determined:■ Conformity between education attainedin their home country and courses in Italy;■ Correspondence between school pro-grammes in Italy and a foreign national’sreal educational and cultural requirements.As regards minors, restrictions and pro-tective measures are to be taken.

5. What to do after having received a student visa

Having obtained a student visa, you mustgo to the Questura (Provincial Police Head-quarters) in the place where you want to liveand apply for a residence permit for studypurposes within 8 days of your arrival.

If foreign students are under age, theirparents or the legal guardian should applyon their behalf: the residence permit isissued within 20 days and has the sameduration as the entry visa.

6. Study and workBy previous agreement with schools,

residence permits for study purposesentitle foreign nationals to have subordi-nate work for no more than 20 hours aweek and for a maximum of 1.040 hours ayear. As regards minors, restrictions andprotective measures are envisaged by theItalian child labour law and regulations.

UNIVERSITY ENROLMENTEvery year by 31st December, universities

fix the number of places reserved for for-eign students wishing to enrol on universitycourses for the following academic year.However, the admission of foreign nationalsis subject to the availability of accommoda-tion facilities at universities and the result ofthe entry examinations.

As to university enrolment, the compe-tent Italian diplomatic or consular represen-tation in the foreign national’s country vali-date secondary school diplomas issued inthe home country and give all information

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dence permit for at least one year and havehigh education qualifications issued in Italy;■ You hold final diplomas awarded by Italianschools abroad or by foreign/internationalschools operating in/outside Italy, recog-nized through bilateral agreements or spe-cific legal provisions, irrespective of yourplace of residence.

4. How to change a residence permit for study purposes into a residence permit for work purposes

If you have graduated, you can changeyour residence permit for study purposesinto a residence permit for work purpos-es independently of fixed migrant quota(their number will be deducted from thefixed migrant quota of the following year).

To this end, you must submit the rele-vant application to the Sportello Unicoper l’Immigrazione (Front Desk for Immi-gration) and produce your universitydiploma. ●●

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■ Foreign nationals’ dependent family mem-bers (with a valid residence permit) includedin the above list.

Foreign nationals not falling within theabove-mentioned categories do not have toregister with the S.S.N.. Nevertheless, theyhave to take out a sickness, accident andpregnancy insurance policy, valid through-out Italy and extended to their dependentfamily members as well.

2. Where to registerIn order to register with the S.S.N., you

should go to the Azienda Sanitaria Locale(ASL - Local Health Unit) in your place ofresidence or where you currently live (asstated in your residence permit) and mustproduce the following documents:✓ Identity card✓ Fiscal code ✓ Residence permit

EU and non-EU nationals registered withthe Servizio Sanitario Nazionale (S.S.N. -

National Health Service) are entitled toreceive health care provided for by law andhave equal treatment as Italian citizensregarding compulsory contributions, healthcare given in Italy by the S.S.N. and its timelimit.

1. Foreign nationals required to register with the S.S.N.

■ Foreign nationals with a residence permithaving a regular subordinate work, or self-employment, or being enrolled in the unem-ployment listings;■ Foreign nationals with a regular residencepermit or those who are renewing their per-mits for the following reasons: subordinatework, self-employment, family, asylum, asy-lum application, adoption, foster care, citi-zenship or religion;

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have passed an examination; ■ If in the following years you have passedat least two exams (however, residencepermits cannot be renewed for more thanthree years beyond the legal length of thedegree course concerned).

Moreover, residence permits canbe further renewed to obtain a PhDor post-graduate qualification forthe whole length of the course, andat the end of the course for onemore year.

3. Foreign students living in ItalyYou are admitted to university on the

same conditions as applied to Italians if:■ You live in Italy and have a Long-TermResidence Permit or a residence permitissued for subordinate work, self-employ-ment, family, political asylum or humanitar-ian protection and religious reasons;■ You have lived in Italy with a regular resi-

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✓ Self-certification regarding your resi-dence or abode (a hosting centre whereyou have lived for more than three monthscan be considered your habitual abode).

When registering with the S.S.N., you willbe able to choose your family doctor or pae-diatrician.

3. Registration validity■ Registration with the S.S.N. is valid for thewhole length of the residence permit, as wellas during its renewal. This registration canbe extended by simply producing all thepapers proving the residence permit renew-al application to the competent ASL.■ In case of lack of renewal or revocation ofthe residence permit, as well as in case ofexpulsion order, the registration is no longervalid, unless the foreigner involved proves tohave filed an appeal against the abovemeasures.

4. Health care providedOn registering with the S.S.N., you will be

given a Tesserino sanitario personale(Personal Healthcare Card) entitling holdersto receive medical assistance either withoutpayment or by paying a contribution (calledticket), the amount of which may varyaccording to the region they live in. Thismedical assistance consists of check-ups inout-patient departments, specialist exami-nations, home visits, hospitalization, vacci-nations, blood tests, X-ray examinations,ultrasound scans, medicines, rehabilitativeand prosthetic treatment.

FOREIGN NATIONALS NOT REGISTERED WITH THE S.S.N.If you have a valid residence permit, but

you are not among those having to registerwith the S.S.N., you have two opportunities:a) you may voluntarily register with theS.S.N. along with your family members liv-ing in Italy. You may register voluntarily if:✓ You have a residence permit longer thanthree months (with the exception of a permitfor study purposes);✓ You and your family members are on thelist of the patients who can be treated byyour residence ASL or, should it be your firstregistration, the ASL of the address statedon your permit.

STAYING IN ITALY LEGALLYSTAYING IN ITALY LEGALLY

You are are not eligible for this registrationif you have a residence permit for treatmentpurposes. Under those circumstances, youwill receive medical assistance after payingthe ASL the fees provided for by law, theamount of which may vary according to theregion you live in. If lacking sufficient finan-cial resources, in the event of accidents orsickness, you will be granted all out-patienttreatments, as well as emergency or ongo-ing basic hospital assistance and all preven-tive medicine programmes (such as vacci-nations) in accredited public and privatehealth structures. b) you may purchase an insurance policy- valid throughout Italy with an Italian or for-eign insurance company - which coverssickness, or accidents and prenatal care,as well as in case of pregnancy.

Medical assistance is always provided ✓ During pregnancy and motherhood;✓ For child health purposes;✓ Through vaccinations, according toregulations in force and within generaldisease prevention campaigns approvedby the different regions;✓ Through international disease preven-tion programmes;✓ Through infectious disease prevention,diagnosis and treatments.

Foreign nationals can state they are inneed and that they are consequently unableto pay health treatment provided by theS.S.N. by means of a written self-certifica-tion to be submitted to the health structuregiving medical assistance.

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25

Citizenship

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➧Italian citizenship is based on the princi-ple of descent, according to which chil-

dren having an Italian father and/or an Ital-ian mother are Italian.

However, foreign nationals are eligible tobe granted Italian citizenship in case of:A. marriage to an italian citizenB. residence in italy

A. GRANTING CITIZENSHIP BY MARRIAGE

1. You can submit your application■ From the date of your marriage if you aremarried to an Italian national and haveresided legally in Italy for at least six months;■ Three years after your marriage if you liveabroad.

ILLEGAL FOREIGN NATIONALSIn the event of accidents or sickness, ille-

gal foreign nationals without a valid resi-dence permit are entitled to receive all out-patient treatments, as well as emergency orbasic hospital assistance, even if ongoing,in accredited public and private healthstructures. To this end, illegal foreign nation-als have to ask any ASL for a card calledSTP (Straniero Temporaneamente Pre-sente - Foreign National temporarily liv-ing in Italy), which is valid for six monthsand renewable.

In order to obtain this card, you will haveto declare:✓ All your personal details;✓ Your lack of sufficient financial resources.

Illegal foreign nationals may ask that theirnames and family names are not specifiedon their cards.The STP card entitles illegal foreign nationals to:✓ Basic medical assistance;✓ Emergency and non-emergency hospital-ization, as well as day hospital treatments;✓ Out-patient treatments, as well as emer-gency or basic hospital assistance, eventhough ongoing, in the event of accidents orsickness.

Hospitalization in health structuresdoes not involve any report to publicauthorities. Sometimes (for nationalsecurity reasons or under other seri-ous circumstances) public authoritiesmay ask for the foreign national’smedical report, as also required ofItalian citizens.

ENTRY AND STAY FOR TREATMENT PURPOSES

1. Where and how to apply for entry visa

If you want to be treated in Italy, you can- also with another person coming with you- ask for a specific entry visa to the com-petent Italian diplomatic or consular repre-sentation in their country.

Once in Italy and within 8 days of youarrival, you have to apply for the specificresidence permit to the Questura (Provin-cial Police Headquarters) in the placewhere you want to be treated. Otherwise,your position will be considered illegal.

2. Documents Required The application shall include the follow-

ing documents:✓ Medical certificate proving pathologies;✓ Statement of the selected accreditedItalian health structure, both public and pri-vate, specifying type, starting date andexpected duration of treatment, as well asthe length of any likely stay in hospital;✓ Certificate proving that caution moneywas deposited in favour of the selectedhealth structure (30% of total expensesaccording to the estimated treatmentcost);✓ Documents proving that you haveenough money to pay the total amount ofhospital charges, as well as board andlodging outside the health structure;✓ Documents proving that you have enoughfunds to return to your country together withthe person who came with, if any.

A translation into Italian of all docu-ments issued abroad must be enclosed.

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➧

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During these periods, no dissolution,annulment or cessation of all civil effects ofyour marriage should occur and no legalseparation should be underway.

2. What to do The application for the Italian citizenship

shall be submitted to the Prefettura in theforeign national’s place of residence, byproperly filling in the application form onwhich a 14.62 euros revenue stamp has tobe stuck.

If you live abroad, you can submit yourapplication to the competent ConsularAuthority three years after your marriage.

3. Documents RequiredThe application shall include the follow-

ing documents:✓ Summary of birth certificate trans-lated and authenticated in conformitywith all relevant instructions given in theapplication form;✓ Criminal record certificate issued inyour home country duly translated andauthenticated in conformity with all rele-vant instructions given in the applicationform.

Filling in the various special sections ofsaid application form, you can self-certify: ✓ Place of residence;✓ Family situation;✓ Legal position in Italy.

Likewise, filling in and undersigninganother special section of said applicationform, you can submit an attested affidavitsubstitute declaration instead of the fol-lowing documents: ✓ Italian citizenship certificate of yourspouse;✓ Papers proving marriage validity.

EU nationals can self-certify their legalposition in their home country by simplyfilling in a special section of the applicationform.

Political refugees can submit an attest-ed affidavit substitute declaration regard-ing their correct personal details and theirlegal position in their home country.

If the aforesaid required papers are irreg-ular or insufficient, on submitting your

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application, the Prefettura will ask you toduly regularize or complete all documentswithin a fixed date: if you do not meet thisdeadline, your application will be rejected.

The Italian citizenship granting proce-dure has to be concluded within 730 daysof submitting the application, providedthat there are all the required documents.

At the end of the preliminary inquirystage, after a favourable opinionexpressed by the Prefettura and onceascertained there are no hindrances fornational security reasons, the Italian citi-zenship granting decree is prepared andsigned by the Minister of the Interior andthen notified to you by your residencePrefettura.

Within 6 months of the notificationof this decree, you have to make anoath in the Comune (Town Council)of your place of residence: from thefollowing day you will acquire theItalian citizenship.

Once acquired the Italian citizenship,you are not compelled to renounce yournationality.

4. Rejection of the applicationThe application for the Italian citizenship

is rejected:■ For national security reasons;■ When a final judgement was passedagainst the applicant for particularly seri-ous crimes either in Italy or abroad.

B. GRANTING CITIZENSHIP BY RESIDENCE IN ITALY

1. You can submit your application if ■ You are a non-EU national and havelegally lived in Italy for at least ten years;■ You are a EU national and have legallylived in Italy for at least four years;■ You are a stateless person or a politicalrefugee and have legally lived in Italy for atleast five years;■ You are a child or a second degree linealgrandchild of Italian nationals by birth andhave legally lived in Italy for three years;■ You were born in Italy and have legallylived in Italy for three years;■ You are a person of age, adopted by an

STAYING IN ITALY LEGALLYSTAYING IN ITALY LEGALLY

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Italian citizen and have legally lived in Italyfor five years after your adoption;■ You worked for the Italian State, evenabroad, for at least five years (in case ofservice abroad it is not necessary to haveyour residence in Italy and you can submityour application to the competent consularauthority).

2. What to do The application for the Italian citizenship

shall be submitted to the Prefettura in theforeign national’s place of residence, byproperly filling in the application form onwhich a 14.62 euros revenue stamp has tobe stuck.

3. Documents requiredAl formulario de solicitud deberá acom-

pañarse la siguiente documentación:✓ Summary of birth certificate with allpersonal details (except for foreignnationals born in Italy) translated andauthenticated in conformity with all rel-evant instructions given in the applica-tion form (to be submitted to the Prefet-tura);✓ Criminal record certificate issued inthe foreign national’s country of originduly translated and authenticated inconformity with all relevant instructionsgiven in the application form.

By filling in the sections of the applica-tion form, you can self-certify: ✓ Place of residence;✓ Family situation;✓ Legal position in Italy.✓ Last three years’ income.

EU nationals can self-certify their legalposition in their home country by simplyfilling in a special section of the applicationform.

Political refugees can submit an attest-ed affidavit substitute declaration regard-ing their correct personal details and theirlegal position in their home countryinstead of the aforesaid documents, aswell as a copy of the recognition of theirrefugee status.

If the aforesaid required papers areirregular or insufficient, on submitting yourapplication, the Prefettura will ask you toduly regularize or complete all documentswithin a fixed date. Non-fulfilment entailsthe rejection of the application.

At the end of the preliminary inquirystage, after a favourable opinionexpressed by the Prefettura andonce ascertained there are no hin-drances for national security rea-sons, the Italian citizenship granti-ng decree is prepared.

The Italian citizenship granting proce-dure has to be concluded within 730 daysof submitting the application, providedthat there are all the required documents.

Once acquired the Italian citizenship,you are not compelled to renounce theirnationality.

Upon proposal of the Minister of theInterior, the President of the Italian Repub-lic signs the Italian citizenship grantingdecree, which is afterwards notified by thecompetent Prefettura. Within 6 months ofthe notification of this decree, you have tomake an oath in the Comune of your placeof residence: from the subsequent day youacquire the Italian citizenship.

4. Rejection of the applicationDiscretionary power in administrative

matters is provided for by law as to docu-ment evaluation. The application for theItalian citizenship may be rejected fornational security reasons, as well as forother reasons, such as: short legal resi-dence time, lacking financial resources,previous convictions or low integrationlevel. ●●

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