ITALY Immigration Updates

Several developments have been announced.

Actors and members of TV and film crews going to Italy for less than 90 days do not need a visa and can enter Italy as business visitors. According to the Ministry of Foreign Affairs (MoFA), actors and members of TV and film crews (non-visa nationals) do not require a visa and can enter Italy as “business visitors” if their stay does not exceed 90 days in a period of 180 days. Visa nationals can work while obtaining a business visa (see http://www.esteri.it – “visa page”).

The Ministry of Labor (MoL) has a different policy and requires that all foreign workers—despite the duration of their stay and the fact that they continue to be paid abroad and are not hired by the Italian host company—obtain a work permit and a work visa to legitimately work in Italy.

The MoL coordinates inspections at work sites, and it is therefore risky (until a clarification is issued by both the MoL and MoFA) to avoid obtaining a work permit for any non-European Union workers involved in the filming.

Italian naturalization at the age of 18 cannot be denied due to parents’ negligence. The Milan Court reconfirmed on January 29, 2015, that the denial of an Italian citizenship application—filed pursuant to Article 4/2, Law n. 91/1992, according to which citizenship is granted to individuals born in Italy who have legally resided in Italy until the age of 18—is not legitimate whenever the applicant was not registered as an “Italian resident” by the parents at the time of birth. The court ruled that the applicant cannot be held liable for delays attributable to the parents and is entitled to citizenship if he or she can prove to have legally lived in Italy without any interruptions.

EC residence permit for a long-term resident can be revoked only under serious circumstances. The Lombardy Administrative Court stated with verdict No. 128/2015 that an EC residence permit for a long-term resident—issued pursuant to Article 9, Legislative Decree July 25,1998, no. 286 (immigration consolidated law)—cannot be revoked if the holder no longer has a job and does not reach the minimum income required by law. The EC permit can only be revoked for public security reasons due to the holder’s “pre-criminal” danger to society.