UPDATE on November 25, 2020 The Interior Ministry has re-opened the sanatoria, but not for new applications. The sanatoria is open again ONLY in the following cases:
- If your employer paid the 500 € fee but did not send the application on time
- If your employer presented the application to INPS instead of applying online on the Interior Ministry website
If this is your case, your employer must apply between November 25, 2020 to January 8, 2021 by going on the Interior Ministry portal or ask for the assistance of a CAF, patronato or labour expert.
Note – It is no longer possible to apply for the sanatoria. The deadline to apply (August 15, 2020) has passed.
On May 13, the government approved the so-called ‘Decreto Rilancio' that sets out a serie of measures to support families, businesses and workers. The decree also includes the rules to apply for the sanatoria.
The decree was published in the Official Gazette on May 19, 2020. Once published in the Gazette, Parliament has 60 days to amend or confirm the decree – meanwhile the new regulation will be enforced.
We worked closely with CILD's lawyers to write this article to help you understand:
If you speak French, you can have a look at the ItaliaHello article to learn more on the sanatoria.
Generally speaking an amnesty, or ‘sanatoria’ in Italian, is an extraordinary measure to regularize undocumented migrants employed in undeclared work.
However, this current sanatoria has a wider scope and it's meant to:
- Allow people with relevant experience with an expired permesso (on or after 31 October 2019) to get a temporary permit to look for a job in one of the relevant sectors.
- Make easier for foreign workers to get a valid work contract in the relevant sectors, whether they are documented or not.
- Bring to light undeclared work, by regularizing undocumented migrants doing undeclared work (‘lavoro nero’ in Italian) who can prove that their employer is offering a valid work contract.
Does the current sanatoria apply to all sectors?
This sanatoria applies to you only if you work, have a job offer, or prior experience in one the following sectors:
- Agriculture, farming and husbandry, fisheries and aquaculture, and alike
- Caretaker work, including care workers for the elderly or people with disabilities
- Domestic housework, including housekeepers, babysitters.
There are two different permits under this sanatoria. Depending on your current situation you may be eligible for either a Permesso per Lavoro Subordinato, or a Permesso Temporaneo.
You may be eligible for a 6-month temporary permesso to look for a job in the sectors we mentioned above, only if you meet all the requirements listed below:
- Your permesso expired on or after October 31, 2019 and you couldn’t renew or convert it to another type of permesso
- You’re currently in Italy (as of March 8, 2020)
- You have your national passport, or an equivalent travel document, or an identity certificate issued by the Embassy of your home country in Italy
- You can prove that before October 31, 2019, you have worked in one of the relevant sectors.
Learn more on: Procedure to apply for Permesso Temporaneo
PERMESSO PER LAVORO SUBORDINATO
You may be eligible for a Permesso di soggiorno per lavoro subordinato, if you meet all the requirements below:
- You entered the country and were fingerprinted before March 8, 2020
- You live and work in Italy. You must not have left the country after March 8, 2020
- You have a valid job offer, or you are doing undeclared work and your current employer will hire you with a valid work contract, in one of the relevant sectors (agriculture, farming, husbandry, fisheries, aquaculture, caretaker work and domestic house work).
Learn more on: How to apply for the Permesso di Lavoro Subordinato
Not everyone is eligible to apply, even if meeting all the other requirements. For instance, you’re not eligible if you’ve been convicted for serious crimes against individual freedom or connected to illegal immigration, prostitution and labour exploitation, or drug-related offenses.
If you’ve received an expulsion order you may not be eligible to apply. As a general rule you should not have particular issues if you have received an expulsion order due to irregular stay in the country, except expulsion for terrorism or danger to society.
However, it is always better to check with a legal expert who can advise on your individual case.
The answer depends on the type of permesso you applied for.
- If you applied for Permesso per lavoro subordinato: you cannot check the status of your application yourself. The status can only be checked by the person that submitted the application - usually your employer, a lawyer or a CAF - on the Ministry of Interior platform.
Once in the platform, your employer or CAF must enter with SPID and click on “visualizza lo stato della pratica”. Your employer can find a step-by-step guide in Italian here.
If you are having trouble getting news on the status of your application from your employer, you can request the access to acts to the Prefettura where you submitted the application.
- If you applied for Permesso per lavoro temporaneo: If you have already been at the Questura for fingerprints, you can check the status of your application here.
Can asylum-seekers apply for the sanatoria?
The decree does not mention asylum-seekers explicitly in the text.
With the time, the Interior Ministry is clarifying some unclear issues. We wrote an article to shed the light on sanatoria for asylum-seekers. Check it our here.
Every situation is different, and we recommend you check with your lawyer to understand if you meet the requirements for sanatoria and what’s best for you.
Lawyers at CILD and the Refugee.Info team recommend you’re careful with this decision. We know the situation is frustrating, but try to be patient and seek the advice of an expert.
If you need help finding one in your area check at the bottom of this article, or drop us a private message.
The procedure to apply for the sanatoria is quite new and complex, so it’s always a good idea to check with an expert, regardless of the permesso you or your employer are going to apply for.
ARCI – SOS Diritti has set up a hotline for the regularization. You can call the 800999977 from Monday to Friday in the morning (9 am - 1 pm) and in the afternoon (2.30 - 6.30 pm).
CILD – Italian Coalition for Civil Liberites, you can send an email (in English or Italian) if you have questions about the sanatoria: email@example.com They have also created FAQ document on the sanatoria in Italian.
CAF help desk can help you understand whether you are eligible for the sanatoria or not. They can also help you with the application procedure. The most common ones are called CGIL, ANOLF, INAS or ACLI.
For example you can search on Google (https://www.google.com/): Sportello Immigrati CGIL + [name of your city].
Got any questions? Drop us a private message on Facebook.