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How to employ a non-EU worker resident abroad
In order to employ non-EU workers resident abroad, it is necessary to make an application to obtain a permission  and submit it to the Immigration Bureau of the Naples’ Provincial Administration, in accordance with the quota set by the special “decree on flows”, which establishes the maximum number of foreign non-EU citizens who are allowed to work each year on the national territory. The estimated quota for 2008 in the Campania Region is 9500 non-EU citizens. The quota is available on the Home Ministry site (www.interno.it)
   

Applying for a permission and the following stages

If the employer already knows the immigrant, he can submit an application for a permission to the Immigration Bureau enclosing the following documents: 


- A nominal request to obtain the permission to work
 Documents certifying the availability of some accommodation for the non-EU citizen in conformity with the regional regulations

 Proposal for a residence permit contract including, besides the basic requirements of the agreement, the commitment from the employer to pay the return trip for the foreign citizen back home.
 Declaration of commitment from the employer to inform the Immigration Bureau of any changes regarding the employer-employee relationship (termination of the employment, change of residence, etc)

The Immigration Bureau checks the documents with the Police Headquarters and the Provincial Head Office. If no obstacle is found for the immigrant’s suitability to work in Italy, the employer is called to receive the permission and sign the contract. At the same time all the documents are sent via web to the Consulate Office.
The employer must inform the foreign worker that the permission has been issued. The worker has a six-month period to apply to obtain the visa from the Italian Consulate in his home country. The Consulate provides the employee with a contract proposal and within 30 days the entry visa is issued; the Home Ministry, the Work and Social Security Ministry, INPS and INAIL also receive a communication on the contract.

Within 8 days from his/her entrance in Italy. The non-EU worker must go to the Immigration Bureau which issued the permission to sign the residence contract and apply for the residence permit, otherwise he/she is considered irregular. The Bureau will carry out further checks and the following documents will be issued: 


 Certificate showing that the employer has been given a  Fiscal Code

 Residence contract signed by the worker for acceptance
 Application form for a residence permit, and transmission of the relevant data to the Police Headquarters
 Residence contract signed by the worker
 Application form for residence permit, with transmission of data to the Police Headquarters


Issuing of the residence permit

Once the application form  for the residence permit request has been collected from the Immigration Bureau, the worker must go to the Post Office to send it in a special envelope. The Post Office issues a receipt with two personal codes (user id and password) through which it is possible to check the progress of the application through the various stages by connecting to www.portaleimmigrazione.it.

The Police Headquarters will contact the worker at the address or at the telephone number provided in the application form to inform him/her of the date when he/she must go to the Police Headquarters for the fingerprinting and photographing stage. A further notice will inform the worker when the residence permit can be collected.

 

What to do to hire a non-EU worker resident in Italy

In case of a new subordinate residence contract between a foreigner, already regularly resident, and an employer, who replaces or adds to the first one, the two parties must write and undersign the residence permit on the provided form independently and send it by registered post with return receipt to the Immigration Bureau which will return the receipt duly stamped.

It is very important that when filling the registered letter, the worker’s name and surname are specified, besides those of the employer because the receipt and a copy of the contract will have to be handed in order to renew the residence permit.
The obligation to make a residence permit every time a new job is started, according to art. 36bis of the Accomplishment Regulations concerns any new work commitment even if this adds to a previous contract. As for any change in the work relationship, the employer must inform the Immigration Bureau,  according to the regulations established by the Ministry of Work for the transmission of compulsory data.

 

Fonti: Ministero della Sanità - Polizia di Stato