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Decreto Flussi 2022 - Extensive guide to Italy's flow decrees.
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| Decreto Flussi 2022 - Extensive guide to Italy's flow decrees. |
WHAT IS THE FLOWS DECREE / Decreto Flussi?
A Decreto Flussi / flow decree is an act through which the Italian government determines the maximum number of non-EU (non-EU) foreign individuals who may enter Italy for subordinate, autonomous, or seasonal labor each year.
Legislative Decree 286/98 governs foreign entry and stays within the annual quotas.
The purpose of the flow decrees is to curb illegal immigration by allowing foreign nationals who are not European Union citizens to enter Italy on the basis of admission quotas.
Furthermore, the law on flows establishes quotas for the conversion of residence permits into residence permits for subordinate and self-employed work, seasonal work, study, internship, and/or professional training, and EU residence permits for long-term residents provided by another European Union member state to citizens of other nations.
On the basis of Law 40/1998, the yearly flow decree and the three-year " programmatic document " govern the flows of entrance into Italy for work purposes.
WHAT ARE THE FEES FOR THE FLOWS DECREE FOR 2020?
The decree on 2020 flows allowed for the arrival of "4,500 non-seasonal subordinate workers from Albania, Algeria, Bangladesh, Bosnia, and Herzegovina, Korea (Republic of Korea), Ivory Coast, Egypt, El Salvador, Ethiopia, Philippines, Gambia, Ghana, Japan, India, Kosovo, Mali, Morocco, Mauritius, Moldova, Montenegro, Niger, Nigeria, Pakistan, Republic of North Macedonia, Senegal, Serbia, Sri Lanka, Sudan, Tunisia, Ukraine; b) n. 1,500 non-seasonal subordinate workers who are citizens of countries with which migratory cooperation agreements enter into force in 2020"
The decree on 2020 flows had nine articles, the first of which stated the number of non-EU workers expected in the previous year: "By way of transitional programming of non-EU workers' entry flows for the year 2020, they are admitted in Italy, for seasonal and non-seasonal subordinate work and work autonomous, non-EU citizens within a maximum total quota of 30,850 units."
The maximum quota of 30,850 workers was split into the following categories:
- Non-EU citizens are allowed to enter Italy for non-seasonal subordinate work and self-employment (Article 2). "6,000 inhabitants of countries that have signed or are going to sign particular cooperation agreements on migration [..]," according to article 3.
- The remaining shares are split between non-EU citizens who have completed training and education programs in their home countries, workers of Italian descent living in Venezuela, and conversions of residence permits already detained for other reasons into residence permits for employment and self-employment.
- Article 2 provides for a quota of 500 non-EU self-employed workers from the following categories: " a) entrepreneurs who intend to implement an investment plan of interest to the Italian economy, which includes the use of resources worth at least 500,000 euros and the creation of at least three new jobs; b) freelancers [..]; c) holders of corporate administration and control offices [..]; d) well-known artists or artifacts [..]
- For seasonal subordinate work in the agricultural and tourism-hotel sectors, 18,000 non-EU citizens residing abroad are allowed to enter Italy, with 1,000 reserved for non-EU citizens who "have entered Italy to perform seasonal subordinate work at least once in the previous five years and for which the employer submits a request for a multi-year permit for seasonal subordinate work" and 6,000 reserved for citizens from the countries listed in the table.
THE FLOWS DECREE FOR 2021/2022 HAS BEEN SIGNED.
The 2021/2022 flow decree, which governs the scheduling of non-EU employees for seasonal and non-seasonal labor in the State's territory, was signed on December 21, 2021.
Non-EU citizens will be allowed to enter Italy in 2022, with a maximum quota of 69,700 units.
The text of the Flow Decree Law 2020-2021 can be seen here.
THE FLOWS DECREE FOR 2021/2022 FEES
The following sectors have been proposed for the 2021/2022 flow decrees:
1. GOODS TRANSPORT
2. CONSTRUCTION
3. TOURIST-HOTEL
The sum of 69,700 will be distributed as follows:
Non-seasonal subordinate labor and self-employment received 27,700 entries:
- Up to 20,000 entrances are related to the sectors of freight transit for third parties, building, and tourism hotels within this limit. This charge is exclusively available to non-EU citizens of the following countries for a maximum fee of 17,000 euros:
- Albania, Algeria, Bangladesh, Bosnia-Herzegovina, Ivory Coast, Egypt, El Salvador, Ethiopia, Philippines, Gambia, Ghana, Japan, Guatemala, India, Kosovo, Mali, Morocco, Mauritius, Moldova, Montenegro, Niger, Nigeria, Pakistan, Republic of North Macedonia, Senegal, Serbia, Sri Lanka, Sudan, Tunisia, Ukraine.
- A quota of 3,000 for non-EU countries that establish cooperation and repatriation agreements during the year.
Still, in the context of the 27,700 quotas, it's vital to remember that quotas are only for conversions from study permits (no. 2,000) and seasonal work (no. 4,400). The rest is made up of various sorts.
- 42,000 applications for seasonal jobs in the agriculture and tourism-hotel industries.
- A quota of 14,000 units is designated for non-EU workers in the agricultural sector, whose applications for authorization are submitted in the name and on behalf of the employers by the following professional organizations of employers of work: Coldiretti - Confagricoltura - Copagri - Cooperative Alliance (includes Lega cooperatives and Confcooperative).
- This quota applies to non-EU citizens from the following countries: Albania, Algeria, Bangladesh, Bosnia and Herzegovina, Korea (Republic of Korea), Ivory Coast, Egypt, El Salvador, Ethiopia, Philippines, Gambia, Ghana, Japan, Guatemala, India, Kosovo, Mali, Morocco, Mauritius, Moldova, Montenegro, Niger, Nigeria, Pakistan, Republic of North Macedonia, Senegal, Serbia, Sri Lanka, Sudan, Tunisia, Ukraine.
WHEN CAN THE APPLICATION BE SUBMITTED UNDER THE FLOW DECREE OF 2021/2022?
After publication in the Official Gazette, the application for the 2021 flow decree can be sent to the following address:
1. for non-EU non-seasonal and self-employed workers, as well as conversions, from 9.00 am on the tenth day after the decree's publication in the Official Gazette;
2. for seasonal non-EU workers, from 9.00 am on the fifteenth day after the decree's publication in the Official Gazette.
DOCUMENTS FOR THE FLOW DECREE FOR 2021/2022
What are the requirements for the Flows Decree?
The following documents are needed for the flow decree procedure:
- The foreign worker's passport must be valid in order to enter Italy;
- a certificate of housing suitability;
- a request for a work-related residence contract;
- the identity documents of the employer who has made a job offer in Italy;
- The employer's certificate of registration. It is a document that contains each company's personal, legal, fiscal, and economic information;
- certifications regarding the contract model (including information about the weekly hours, level, and duties that the worker will perform) and the number of employees of the hiring company;
- the company's accounting balance for the year 2019;
- DURC is an abbreviation for (the single document of contribution regularity).
HOW DO I APPLY FOR THE FLOWS DECREE FOR 2021/2022?
The application for entry fees must be submitted electronically by filling out the forms on the Ministry of the Interior's website in the appropriate section. https://nullaostalavoro.dlci.interno.it/Ministero/Index2
The request must be submitted by an Italian or foreigner legally residing in Italy who wishes to hire a non-EU citizen.
Possession of the SPID, a digital identification certification, is a requirement for completing and submitting the models of the 2020 Flows Decree.
The following is the procedure for submitting an application for entrance into Italy via the Flows Decree:
- gaining access to the Interior Ministry's corporate website via SPID (Public Digital Identity System);
- registering on the Ministry of the Interior's website;
- go to the specific request portion of the application forms;
- begin filling out the application, double-checking that it is appropriate for the job, and submit it.
The program is divided into pages, with the data entered at the conclusion of each page being automatically stored.
HOW LONG DOES IT TAKE FOR THE FLOWS TO MAKE THEIR DECISION?
The maximum time limit for receiving a response after sending a request for authorization via flow decree is sixty days (60 DAYS) after the application is presented.
If the conditions set out in the applicable collective agreement are met, the one-stop-shop issues the entry permit for subordinate labor after receiving the requests for authorization to be hired by employers.
Suitable Information Link: Italy's Decreto Flussi (Quota 69,700) Decree on Flows 2021-2022
The whole text of the 2021-2022 flow decree-law can be downloaded here.
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