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Residence permit for foreigner who has lost his job

 Residence permit for foreigner who has lost his job

In the case of dismissal or resignation (which the employer must communicate within 5 days to the One-Stop Shop and the Job Centre) a foreigner has the right to be entered on the mobility lists (with the payment of the relevant allowance) or the population lists kept by Job Centres for the remaining period of their residence permit and in any case, except in the case of residence permits for seasonal work, for a period of not less than one year or the entire period covered by income support (unemployment benefit e.g. mobility allowance) received by the foreign worker, where this is higher.

With Law no.92 of 28 June 2012, a change was made to the permit "while awaiting employment" governed by Art. 22, paragraph 11 of Consolidated Act of Leg. Dec. 286/98 (Consolidated Act on Immigration) and by Art. 37, paragraph 5 of the Pres. Dec. 394/1999 (Implementing Regulation).

The objective of the amendment was to extend beyond six months the residence in Italy of foreign nationals who have lost their jobs, in order to avoid the increasingly frequent situations of irregularities that occur.

On the basis of the amendment introduced by the law of 2012, a foreigner who loses his/her job "can be entered in the employment lists for the period of residual validity of the residence permit, and in any case, except in the case of a residence permit for seasonal work, for a period of not less than one year or for the entire period of duration of the provision of income support perceived by the foreign worker, where this is higher. At the end of the period referred to in the second paragraph, the income requirements referred to in Article 29, paragraph 3, letter b) shall apply."

On the basis of this provision, the renewal of the residence permit for employment is therefore also possible beyond one year if the worker:
  • receives mobility allowance up to the duration of the allowance itself;
  • is part of a family nucleus, already established on the national territory, composed of a person who demonstrates that he/she has sufficient resources as provided for by Art. 29 of the Consolidated Act, such that he/she does not burden the social assistance system of the State during his/her stay (i.e. an income at least equal to the amount of the social allowance, i.e. €5,824.91 per annum).
Circular of the Ministry of the Interior - Department of Public Security - of 3 October 2016 containing clarifications on the residence permit while awaiting employment
This circular recalls that renewal of a residence permit while awaiting employment is also possible beyond one year, since the legislator has not imposed a maximum limit to the possible renewal of an entitlement document conferred previously. It is up to the Police Forces to assess the situation of applicants case by case, paying particular attention to their family ties, the number of years spent in Italy, and any previous criminal convictions of the immigrant. In practice, in assessing the request for a renewal of the residence permit while awaiting employment the police forces must therefore bear in mind the applicant's level of "social inclusion", i.e. integration.