Last Updated on October 21, 2024
Decree-Law No. 145 of 11 October 2024, on the entry of foreign workers, protection of illegal employment victims, and international protection has been published.
Aimed at ensuring smoother and safer procedures for the entry of non-EU workers into Italy, this legislation introduces amendments to the Consolidated Law on Immigration, as well as the rules governing migration flows.
In particular, to prevent fraud and ensure the legality of migration flows, stricter and more precise deadlines are set for the immigration procedure. Employers are now required to confirm their application for the work authorisation (nulla osta) to the Immigration Office within seven days following the completion of the review of the worker’s entry visa application, or the application will be revoked. Within eight days of the worker’s arrival in Italy, the residence contract must be signed electronically and submitted to the Immigration Office. Applications for the entry of foreign workers will not be accepted from employers who, in the preceding three years, failed to sign the residence contract unless they can prove that the failure was due to reasons beyond their control or if they are involved in a trial for the crime of illegal employment (caporalato).
The Decree also introduces specific rules for entries in 2025:
- In order to extend the time for procedural verifications and allow for the possible regularization of applications, employers will be allowed to pre-fill the applications for work permit before the click day;
- On a trial basis, the issuance of work permits, visas, and permits for employment in family and healthcare assistance is allowed outside quota system, up to a limit of 10,000 applications;
- Each employer, acting as a private user, may submit no more than three requests for work permit. This limit does not apply to applications forwarded by employers’ organisations for which the number of applications is proportional to the volume of business or to the revenue or remuneration declared for income tax purposes, weighted according to the number of employees and the company’s sector of business;
- Specific deadlines have been established for work permit requests for seasonal work in the tourism-hospitality and agricultural sectors;
- The entry quotas for seasonal work have been increased.
Finally, the legislation seeks to strengthen measures to prevent and suppress the phenomenon of illegal employment. In this context, the residence permits of migrants convicted of illegal intermediation and labour exploitation may be revoked and they may face expulsion. Greater protection is also provided to exploited workers, who may be granted a special residence permit. This permit, valid for six months (renewable for up to one year), allows victims and their families to escape conditions of violence and exploitation, as well as access to social services, education, or work both as employees and self-employed. Upon expiration, this permit may be converted into one for employment purposes (outside of the quota system) or study purposes, provided the foreign national is enrolled in a regular course.
Lastly, the Decree increases the maximum amount of fines for illegal intermediation, raising the penalty from €50,000 to €60,000.
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