Regularisation of irregular migrant workers in Italy: Many people who have applied for international protection in Italy are wondering whether they can at the same time apply for regularisation, and whether or not they have to give up their applications for international protection before applying for regularisation. Ministry of Interior has finally clarified the issue.
Section 1 of Article 103 of Decree-Law n. 34/2020: Immigrations Office at the Prefecture
An asylum seeker who applies for regularisation through an employer must be informed that they don’t have to give up on their application for international protection.
At this point, there will be two possibilities:
If the foreigner decides not to renounce their application for international protection, the application for regularisation can be processed and once they sign the residence contract (Contratto di soggiorno) at the Immigrations Office at the Prefecture (Sportello Unico Immigrazione), they will be issued a residence permit for subordinate work in a paper form, which is only valid within the national territory.
Should the foreigner decide to give up the application for international protection, if their application for regularisation is successful, they will be issued an electronic residence permit for subordinate work.
Read more information on Italian Laws and legislation here: Legal News and Guides – Italy
Section 2 of Article 103 of Decree-Law n. 34/2020: Application for temporary permit
To apply for regularisation under this section, the immigrant must be living in Italy illegally. In the case of applicants for international protections,
1) Section 2 of Art. 103 requires that their residence permits must have expired by 31/10/2019;
2) The applicant for international protection has the right to remain in the national territory until the Territorial Commission for the international protection recognition decides on their case. This means that a person who has applied for international protection and is still waiting for the outcome of that application is considered to be living legally in Italy, and therefore cannot apply for regularisation pursuant to Section 2 of Art. 103.
3) The validity of residence permits has been extended to 31/10/2020 to protect all the people who could not manage to renew their permits because of the coronavirus lockdown measures. It can therefore be inferred that the residence permits – either renewable or not, even if their validity has been extended, can be considered expired and the holders can therefore apply for
temporary residence permits.