Italian Immigration & Citizenship Feb. 2021 Vol. 1
News, updates and curiosities on Italian Immigration and Citizenship Mazzeschi SRL Tuscany – Milan – Taipei Tokyo
CONTENT
• • • • • •
Italian Immigration Residence permits validity extended to April 30th 2021 Work permit for professional nurses Sport visa – how to apply? Italian Citizenship Italian citizenship for special merits If the first Italian President did it, so can I? Italian citizenship by marriage: real stories and curiosities BREXIT
• BREXITERS In Italy: What to do after January 1st
These articles have been published during the period of Jan. 1st -31st in our website: www.mazzeschi.it
NEWS
Residence permits validity extended to April 30th 2021
By means of law decree no. 2 of December 14th, the validity of residence permits has been extended to April 30th 2021. The decree also extend the validity of “nulla Osta” (entry clearances for family reasons, work permits) for the same period and the terms for conversion of study permits into work permits. Mazzeschi SRL Tuscany – Milan – Taipei - Tokyo
Work permit for professional nurses NON-EU Professional nurses fall into the category of NON-EU workers who are not subject to annual immigration quotas. Therefore, they can apply for a work permit at any time, despite the availability of quotas, through a quota exempt procedure. The first step of the procedure is to apply for the recognition of the professional qualification in Italy. The application is filed with the Ministry of Health. Once the profession is recognized in Italy, the Italian employer can file an online work permit application. Application can be filed also by temporary work agencies, which must submit the service agreement that they have with the private or public hospital. Steps of the process are as follows: •The nurse applies for the recognition of professional qualification in Italy. Applications are filed with the Ministry of health •The employer applies for a work permit with the relevant Immigration Office in Italy •Once the work permit is issued, the nurse applies for the work visa •The nurse enters Italy, registers with Immigration authorities and applies for the residence permit •The nurse registers with the relevant professional body in Italy (must pass an exam and also an Italian language test) •The nurse can start work The residence permit shall be issued for the duration of the work contract and can be valid up to 2 years. The permit is renewable with an in- country procedure. Change of employers are allowed but it is not possible to change field of work (the worker can only be employed in Italy as a professional nurse. Mazzeschi SRL Tuscany – Milan – Taipei - Tokyo
Sport visa – how to apply? Visa for sport events – up to 90 days Foreign athletes who need to participate to a sport event in Italy shall apply for short-term Sport Competition Visa at the Italian Consulate in the country of residence. This type of visa authorizes the holder to stay in Italy for up to 90 days to take part to a sport competition/event without performing continuously sport activities. Among the documents to be submitted for the visa application, it is necessary to submit an invitation letter from CONI (Italian National Olympic Committee), or from the relevant Italian Sports Federation or the entity organizing the event confirming that the applicant is attending the competition. Nationals of the following countries do not require a visa for visits up to a maximum of 90 days for participating in sports events: Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, BosniaHerzegovina, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Croatia, Dominica, El Salvador, Emirati Arabi Uniti, Former Yugoslav Republic of Macedonia (FYROM), Georgia, Guatemala, Grenada, Honduras, Hong Kong, Israel, Japan, Malaysia, Macao, Mauritius, Mexico, Monaco, Montenegro, New Zealand, Nicaragua, Northern Marianas, Panama, Paraguay, Saint Kitts and Nevis, Samoa, Santa Lucia, Serbia, Seychelles, Singapore, South Korea, St, Vincent e Grenadine, Taiwan, Timor Est, Trinidad e Tobago, Ukraine, United States, Uruguay, Vanuatu, Venezuela. Full article available at: https://www.mazzeschi.it/sport-visahow-to-apply/ Mazzeschi SRL Tuscany – Milan – Taipei - Tokyo
The city of Sanremo proposed to grant citizenship for special merits to the Russian benefactor Elena Sivoldaeva. What are the requirements under Italian law? There are several countries in the world having special provisions in citizenship laws granting citizenship based on public interest such as achievements in the field of science, sports, technology, research, energy and art/culture. What about Italy? Citizenship for special merits Last December the Townhall Council of San Remo, a city in northwestern Italy not far from the border with France, approved a resolution requesting the competent national authorities to grant Italian Citizenship to the Russian millionaire and benefactor Elena Sivoldaeva “for special merits”. Mrs. Sivoldaeva donated medical devices to the city, granted financial assistance for the construction of 13 prefabricated modules for children of a local school and was the donor in several other philanthropic initiatives in the city.
Citizenship for sport merits
The athlete Yassine Rachik was granted citizenship in 2015 for sport merits. He is originally from Morocco and emigrated to Italy with his parents very young. Under the Italian flag he won the bronze medal in the Men’s Marathon at 2018 European Championships. Other athletes who were granted citizenship arethe Cuban wrestler Abraham de Jesus Conyedo Ruano and the US ice-hockey player Chelsea Marie Furlani. Mazzeschi SRL Tuscany – Milan – Taipei - Tokyo
Citizenship for “civil” merits
Citizenship was granted to the Pakista citizen Nosheen Ahmad But. Noshee was beaten by family members on October 3, 2012 as she was accused of engaging in western behaviors and lifestyles. She was granted citizenship for putting her life at risk for the principles of integration and civil coexistence of our country. Another case is the granting of citizenship to the widow of Samb Modou. Samb Modou, a Senegalese citizen, was killed along with his fellow countryman Diop Mor by Gianluca Casseri who had shot some Senegalese street vendors at the local market in Piazza Dalmazia in Florence on December 13, 2011. The most recent case, still pending, is the proposal of granting citizenship to Rami Shehata. Ramy, an Egyptian teenager who lives in Italy with his parents, was the protagonist of the rescue of 51 children in San Donato Milanese. It was he who alerted the police while he was onboard the bus that was seized then set on fire by senegalese Oyssenou Sy. «“I told my classmates to stand up and make noise so I could call 112 and tell them everything»
What are the requirements to obtain Italian citizenship for special merits or services rendered to the country? Art. 9/2 of law 91/1992 set forth that citizenship may be granted to an alien who has rendered eminent services to Italy or where its granting is in the special interest of the State. Broad discretion is left to the competent authorities to judge the grounds for granting citizenship under this provision. What is the procedure? The proposal must be submitted by a public body, as association or by a public figure that needs to support the existence of the conditions set forth by the law for the concession of citizenship. The individual must however give his/her consent to the submission of the proposal. Citizenship is adjudicated with a decree of the President of the Republic, upon proposal of the Ministry of Interior and after deliberation of the Council of Ministers. Within 6 months for the notification of the Decree, the person concerned must swear to be faithful to the Republic and to observe the Constitution and the laws of the State (art. 10, Law n. 91/1992) Mazzeschi SRL Tuscany – Milan – Taipei - Tokyo
If the first Italian President did it, so can I? Italian citizenship for those with roots in Trentino and Alto Adige Alcide De Gasperi, the first President of Italy Alcide De Gasperi was — only for 15 days (from 13 to 28 June 1946) — the first President of the newly established Italian Republic. He took the office ad interim, in his capacity as acting Prime Minister until the Constituent Assembly elected Enrico de Nicola. De Gasperi was an Austrian citizen until the age of 39 and acquired Italian citizenship only in 1920. In fact, he was born on April 3, 1881 in Pieve Tesino, near Trento, which was a territory belonging to Austria-Hungary and that was annexed to Italy only after the end of WWI. De Gasperi was also elected to the Austrian parliament (1911) as a representative of the Italian speaking community living in Trentino. When the annexation of the Trentino was effected (1919), De Gasperi was elected deputy to the Italian parliament in 1921. He was nominated Ministry in the first government after the liberation of Rome in June 1944 and Prime Minister on December 10, 1944. The end of WWI and the Treaty of of Saint Germain The Treaty of Saint Germain was signed by Austria and twenty-seven Allied and associated countries. It officially ended World War I and entered into force on July 16, 1920. The Treaty was ratified in Italy on September 26, 1920. The Treaty implemented US President Woodrow Wilson’s vision for the post-war world. In addition to specific territorial settlements, Wilson’s so-called Fourteen Points emphasized the need for national self-determination for Europe’s different ethnic populations. As to Italy’s claims and expectations after the war, Wilson foresaw. “A readjustment of the frontiers of Italy should be effected along clearly recognizable lines of nationality.” Mazzeschi SRL Tuscany – Milan – Taipei - Tokyo
The territories annexed to Italy after WWI In accordance with the terms of the Treaty, but less that its pre-war expectations, Italy gained Trentino, south Tirol, Gorizia, Trieste and partly Croatian-speaking Istria. What happened to persons living in the territories annexed to Italy? The Treaty set forth specific provisions about the rules for granting citizenship to the persons living in the territories formerly rules by Austria and annexed to Italy. In particular: Art. 70 of the Treaty provided for that: “every person possessing rights of citizenship (pertinenza) in territory which formed part of the territories of the former Austro-Hungarian Monarchy should obtain ipso facto to the exclusion of Austrian nationality the nationality of the State exercising sovereignty over such territory.” Pursuant to art. 71 “notwithstanding the provisions of art. 70, Italian nationality shall not, in the case of territory transferred to Italy, be acquired ipso facto: (1) by persons possessing rights of citizenship in such territory who were not born there; (2) by persons who acquired their rights of citizenship in such territory after May 24, 1915 (i.e. the date when Italy entered the war) or who acquired them only by reason of their official position.” This is how Mr. De Gasperi obtained Italian citizenship and automatically lost his Austrian nationality. What happens if you have ancestors born in Trentino or Alto Adige before July 16, 1920? Those who have ancestors born in Trentino and Alto Adige are entitled to apply for Italian citizenship ON CONDITION THAT they can prove that their ancestors: lived in these territories until July 16, 1920 and they did not emigrate before this date. The “Italian citizenship eligibility issue” linked to the “16 July 1920” requirement is the following: the ancestor who emigrated before 16 July 1920 expatriated as an AustroHungarian citizen and not as an Italian citizen, meaning he or she could not pass Italian citizenship on to their children. How can you find information about your ancestors? The regional government of Trentino has created a useful online database, www.natitrentino.mondotrentino.net , with the data of all individuals born in the territory from the year 1815 to 1923. The database contains the names of more than 1,300,000 persons (20,951 family names). It is also very useful and interesting the website of the Research Center on the history of the emigration from Trentino, with biographies and stories of many emigrants. Mazzeschi SRL Tuscany – Milan – Taipei - Tokyo
Italian citizenship by marriage: real stories and curiosities Colin Firth, the Oscar-winning actor, lead actor in Kingsman, Bridget Jones’s Diary’ and Mamma Mia!, was granted Italian citizenship in 2017. Colin has been married to Italian film producer Livia Giuggioli since 1997. A statement from the Italian Interior Ministry confirmed: “The very famous actor, who won an Oscar for the film The King’s Speech, is married to a citizen from our country and has often declared his love for our land.” The actor said that he has been connected to Italy “for more than two decades now”. He added: “We never really thought much about our different passports. But now, with some of the uncertainty around, we thought it sensible that we should all get the same.”
The spouse of an Italian citizen residing abroad The spouse of an Italian citizen who resides abroad can apply for Italian citizenship after 3 years from the date of marriage or civil union, reduced to 18 months if the couple has children according to Italian law. Example 1. Sean (Australian citizen) married Giovanna (Italian citizen) in July 2014. They are legally residing abroad and they have a child born on January 2015. Sean can apply for Italian citizenship in January 2016. Example 2. Ken (New Zealand citizen) entered into a civil union with Claudio (Italian citizen) in July 2014. They are legally residing abroad. Ken can apply for Italian citizenship in July 2017.
The spouse of an Italian citizen has been legally residing in Italy for two years The spouse or partner in a civil union of an Italian citizen who has registered residenza for at least 2 years and holding a valid permesso di soggiorno, can apply for Italian citizenship after 2 years from the date of marriage or civil union, which is reduced to 1 year if the couple has children, also adopted, according to Italian law. Example 1. George (U.S. citizen) entered into a civil union with Claudio (Italian citizen) in January 2014 and they are legally residing in Italy since then.George can apply for Italian citizenship in January 2016. Example 2. Marco (Italian citizen) married Mary (Australian citizen) in January 2014 and they are legally residing in Italy since then. They had a child in December 2014, born in Italy. Mary can therefore apply for Italian citizenship in January 2015.
Mazzeschi SRL Tuscany – Milan – Taipei - Tokyo
Can same sex spouses obtain citizenship? – YES!
Non-EU same-sex spouse of an Italian citizen has alsothe right to obtain Italian citizenship. An application can be made 2 years after the marriage if residing in Italy or 3 years after if residing abroad. The Italian spouse must however be registered with AIRE, i.e. registry of Italian citizens living abroad, which is kept by Italian Consulates.
Which are the other requirements?
Language test: the law also requires knowledge of Italian to at least B1 level of the Common European Framework of Reference for Languages (CEFRL). Those (i) who have a long-term EU residence permit (ii) who are already living in Italy and comply with the Integration Agreement provisions or (iii) who have a qualification from an Italian state school or state-recognized private school, are exempt from this requirement; and Criminal records: the applicant must submit criminal records (not older that6 months) issued by the country of origin and by any other countries where she/he resided since the age of 14 years old.
Did you marry an Italian man before 1983? If so, you are automatically Italian
Any woman who married an Italian man up until April 27, 1983 obtained Italian citizenship in an automatic and immediate manner from the date of the marriage. The above rule was based on the principle that woman’s status followed her husband’s status. Therefore, women had to share the same citizenship as the one of their spouse.
Don’t split before citizenship adjudication!
Citizenship by marriage can only be applied for if the couple is still married or joint in a civil union and the bond is still in effect at the time of adjudication. Applications by marriage can either be filed at the Italian Consulate or in Italy, provided that the applicant takes residency in Italy.
Mazzeschi SRL Tuscany – Milan – Taipei - Tokyo
Starting from January 1st 2021, UK citizens resident in Italy before December 31st, 2020 must apply for a biometric residence permit. PERMIT VALIDITY Those resident for less than 5 years will be eligible for a 5 year permit validity, whereas those residing in Italy for 5 continuous years or longer will receive a 10 year document REQUIREMENTS Applicants would need their “Attestazione di iscrizione anagrafica”, this is the certificate issued by the local Municipality confirming residency and maintaining of rights under the Brexit Withdrawal Agreement. PROCEDURE The permit must be requested at the local Questura (Immigration Police). There will then be a fingerprints appointment and a further trip to the Police to pick up the document. All of these steps require personal attendance. WHAT ABOUT NON EU FAMILY MEMBERS? Family members of UK citizens in possession of “Attestazione di Iscrizione Anagrafica” are also eligible to obtain this permit. They will need to provide a document showing the relationship (marriage/birth certificate). ARE THERE GOVERNMENT FEES? Yes, € 30,46 payment slip “bollettino” must be paid for each application IS THERE A DEADLINE? No deadline has yet been confirmed for the filing of these type of permits. it is however highly recommended to file the request before 30 June 2021 as this is the earliest possible deadline set forth by withdrawal agreement. The only exception is for UK students registered with the Temporary Population Register, who are required to file the application within 8 days (starting from January 1, 2021) Mazzeschi SRL Tuscany – Milan – Taipei - Tokyo
Contact information Mazzeschi SRL www.mazzeschi.it info@mazzeschi.it WRITERS Marco Mazzeschi Costanza Petreni Giuditta Petreni
Disclaimer The information provided on these articles (i) do not, and they not intended to, constitute legal advice; (ii) are for general informational purposes only and may not constitute the most up-to-date legal or other information (iii) may contain links to other third-party websites. Such links are only for the convenience of the reader; (iv) readers should contact their attorney to obtain advice with respect to any particular legal matter.