On 12 November 2011 was ublised in te Official Journal the Decreto del Presidente della Repubblica 14 settembre 2011, n. 179, regulating certain new ways of obtaining the residence permit. In particular, applicants must sign an integration agreement - articulated for credits - between the foreigner and teh State.
Below the main features of the Regulation:
The Agreement lasts two years, which may be extended for another year, and applies to foreigners over 16 years of age, entering national territory for the first time and apply for a residence permit (there are some exceptions, for example submitted minor, disabled or victims of violence and exploitation).
The State assigns 16 credits to the applicant, which correspond to the A1 level of the knowledge of spoken Italian and to the sufficient level of knowledge of Italian civil culture and civic life.
According to the agreement, the foreigner undertake to:
- acquire an adequate level of knowledge of spoken Italian, at least equivalent to level A2.
- acquire sufficient knowledge of the fundamental principles of the Constitution of the Republic and of the organisation and functioning of publics institutions in Italy.
- acquire sufficient knowledge of civic life in Italy, with particular reference to health, education, social services, employment and tax obligations.
- ensure that the children’s education obligation is fulfilled.
The State will ensure the holding of a civic training and information session about life in Italy, which will be organized free of charge within the three months following the conclusion of the agreement. The session will last at least five and not more than ten hours and will involve the use of materials and subsidies translated into a foreign language (English, French, Spanish, Arabic, Chinese, Albanian, Russian or Filipino...)
During the training the applicant will be informed of the rights and duties of foreigners in Italy, of the faculties and obligations inherent in the stay, the reciprocal rights and duties of spouses and the duties of parents towards children according to the Italian legal system, also regarding the obligation of education.
Moreover, will be presented the main initiatives in support of the process of integration of foreigners, organized in the territory of the province of residence and the reference legislation on health and safety at work.
One month before the expiry of the two-year duration of the agreement, the counter will start a check and possibly renew the residence permit.
The verification is carried out on the basis of documents and certificates produced by the foreigner during the duration of the agreement. In the absence of such documentation, credits relating to knowledge of the Italian language and civic culture may be awarded following a specific test also carried out at the adult education centers.
Following the verification, the one-stop shop shall confirm, add or remove credits according to the following criteria:
- the 16 credits awarded at the outset are confirmed respectively in the case of the A1 level of knowledge of spoken Italian and the sufficient level of knowledge of the civic culture and civil life in Italy;
- where a higher level of knowledge than the minimum level is established, additional credits shall be granted to the extent corresponding to the level of knowledge actually established.
For example, certificates obtained after attending courses or courses in higher education, vocational or technical training, university studies and linguistic and social integration shall be valid, so as the award of diplomas or diplomas otherwise known to be of legal value as a study or professional qualification;
- credits shall be removed, following the delivery of even non-final convictions; following the application, even if not definitive, of personal security measures provided for in the Penal Code; following the final imposition of financial penalties in relation to administrative and tax offences;
- 15 credits are lost due to lack of participation in the civic training and information session organized by the State
The verification shall conclude with the award of the final credits:
- if the number of final credits is equal to or greater than 30 and the level A2 of knowledge of spoken Italian and the level of sufficiency of knowledge of civic culture and civil life in Italy has been achieved, the agreement is deemed to have been successfully concluded;
-if the number of final credits exceeds zero but less than 30, the agreement shall be extended for another year under the same conditions;
-if the number of final credits is zero or less, the residence permit shall be revoked and the person shall be expelled from the national territory.
The provisions of this Regulation shall apply from the 120th day following its publication in the Official Journal of the Italian Republic