ITALY: Immigration News
Several developments have been announced.
Tax on residence permits declared void. The TAR, Lazio’s Regional Administrative Court, has declared void part of the Ministerial decree of October 6, 2011, introducing a residence permit tax and abolishing the fee on applications. This comes after the European Court of Justice had judged the Italian residence permit application tax a breach of European Union (EU) regulations, being disproportionate and a limit on the rights of foreign citizens. The decree had set the renewal fee at a variable rate of 80 to 200 euros, replacing the previous lower fee. Although the tax should no longer be applied, other expenses remain, such as €16 for stamps, €30.46 for the electronic card, and €30 for post office services.
It is likely that the Italian government will lower the tax to an amount considered acceptable by the EU. Further developments and instructions are expected soon.
Increased filing fees for electronic residence permit card. Under a ministerial decree of March 10, 2016, issued by the Ministry of Economy and Finance, the Italian government has increased filing fees for the electronic residence permit (permesso di soggiorno) in credit-card format (format pursuant to Council Regulations No. 1030/2002 and No. 380/2008). The new fee amounts are:
- Residence permit card—fee waiver: €30.46 (previously €27.50)
- Residence permit card valid from three months to one year: €110,46 (previously €107,50)
- Residence permit card valid from one to two years: €130.46 (previously €127.50)
- EC residence permit card for long-term residents and intracompany residence permit cards for managers and highly skilled workers (application pursuant to Art. 27a of Italian immigration law): €230.46 (previously €227.50)
Counsel no longer allowed to accompany clients submitting applications at Milan Police Office. The Police Office in Milan no longer allows local counsel to accompany clients while they are submitting applications. Counsel can stay with their clients in the waiting room, but when clerks summon applicants to submit the applications, they cannot be accompanied by a third party. In addition, serious delays have been reported in appointments for fingerprinting. Individuals who have filed applications in May have been summoned for September appointments, for example.
Revocation of EC residence permit for long-term residents—right to maintain an ordinary permit of stay if the individual meets the conditions set forth by law. The Administrative Appeal Council (Consiglio di Stato, April 5, 2016, no. 1327) overturned a decision of the Administrative Court and declared that if an EC permit for a long-term resident is revoked, an expulsion order cannot be issued without taking into account whether the individual has the right to obtain an ordinary permit of stay and therefore is still entitled to remain in Italy on different grounds. An exception exists if the individual is a danger to national security.
Civil union law for same-sex couples passes. A same-sex civil union law was published in the official gazette on May 21, 2016, and took effect June 5, 2016. Implementing decrees will follow to harmonize all other regulations—included immigration regulations—with the new law.
For the full text of the law (Italian only), see: http://www.gazzettaufficiale.it/eli/id/2016/05/21/16G00082/sg