DLP Insights

Legalisation useable by a foreigner with unconvertible permit to stay

Categories: DLP Insights, Practice | Tag: permit to stay

31 Aug 2020

The Ministry of the Interior together with the Ministry of Labour and Social Policies, issued circular no. 2399 of 24 July 2020 which provided additional indications on the procedure related to legalising employment as per article 103, Law Decree 34/2020 (Relaunch Decree). The circular examines a series of actual cases that required operating explanations and, in particular, the case where an employment relationship needs to be started with a foreign worker for the purposes of a legalisation procedure.

In this context the circular specified that the legalisation procedure can also be performed for a non-EU citizen in possession of a residence permit for asylum seekers with an unlawful employment relationship. However, in this case the foreigner will be informed by the immigration office (Sportello unico per l’immigrazione) of the possibility to decide to keep or abandon the procedure for international protection recognition. If a decision is made to continue the procedure, after receiving the information from the office and having signed the residence contract, a paper residence permit for employment may be obtained that is only valid within the country. If a decision is made not to continue the procedure for international protection recognition, a residence permit for employment in electronic format will be issued.

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