05-03-2021

Immigration in Italy: how to enter and remain legally

Italian law provides for particularly complex procedures to apply for citizenship, for the various residence permits, the residence card or even for entry visas to Italy. In this article I will explain what they are and how to request them.

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Immigration in Italy: how to enter and remain legally

If you are a foreign citizen and want to know how to enter in Italy and live legally immigration Lawyer Italy can offer you a legal consultation to your problems in Italy, we can represent you in all courts, in all cities in Italy. 

You want to know how to enter in Italy legally ? 

You’re worried and you don’t know what to do?

You don’t speak Italian ? 

You don’t know how the immigration law works in Italy ? 

You can receive legal assistance or advice by contacting Criminal Lawyer H24  that will support you with an expert lawyer that will explicate to you how to come in Italy legally. 

H24 Line for emergency: +39 338 85 15 424.

or fill out the contact request below to receive legal assistance or advice, you will be immediately contacted by one of our Immigration lawyer Italy.

If you are a foreign citizen and want to know how to enter in Italy and live legally, first of all you should know that, according to Italian law, entry into the territory of the State is only possible if you are able to document the reasons for your entry, as well as the conditions of your stay. 

To enter in Italy from a foreign state that is not part of the EU, unless there are special agreements for free movement between the states, it is first necessary to have a passport, or an identity document valid also for expatriation as well as, of course, an entry visa to Italy.

Entry visa: what is it and when is it required?

1.1 The entry visa is an authorization that is granted to the foreign citizen to be able to access and move freely in the Italian territory. 

Depending on the duration, there are two types of visa: a short-stay visa, which is issued to foreign citizens for stays in Italy of less than 90 days;

a long-term visa, issued if the stay in Italy must be extended beyond 90 days. 

1.2 As I told you, the visa is an absolutely necessary document to be able to enter in Italy regularly and you must always request it at the Italian embassy or consulate in your country of origin or residence. 

If you want to know whether or not you need to apply for a visa to enter Italy, I suggest you visit the Farnesina website, where, according to your nationality, the country in which you live permanently, the duration of your stay and the reason for your stay tells you in a simple way if you have to make a visa application and all the procedures to follow to apply for a visa in Italy.

1.3 The reasons why it is possible to apply for an entry visa to Italy are the following: 

  1. Turism; 
  2. Tourism: visit family / friends; 
  3. Business; 
  4. Adoption; 
  5. Medical care; 
  6. Sports competition; 
  7. Investors
  8. Self-employment: sports activity, corporate figure, entrepreneur, start-up; 
  9. Subordinate employment; 
  10. Subordinate employment: journalists, seafarers; 
  11. Mission; 
  12. Family reasons; 
  13. Religious reasons; 
  14. Re-entry; 
  15. Elective residence; 
  16. Investigation; 
  17. Study; 
  18. Study – single university course, professional training, university tuition, postgraduate, exchange and mobility program, internships; 
  19. Transit; 
  20. Transport; 
  21. Work holidays. 

In case you have problems or doubts about the procedures to follow and you do not know how to enter in Italy, I recommend that you have the assistance of an Italian immigration lawyer with specific experience in the matter.

If I try to enter Italy without a visa, what happens?

2.1 As I told you before, in the absence of a visa, it is not possible to enter Italy on a regular basis. 

In the event that you show up at the border without a visa of any kind, what can happen more frequently is that an order to deny entry is issued against you at the border with a repatriation order in the country of origin. 

2.2 If you want to know what to do and how to behave in the event that you are denied entry at the border or if a repatriation order is applied to you, I suggest you read this article in which the Italian immigration lawyer explains in detail what your rights and how to avoid repatriation to the country of origin.

In case of denial of entry at the border, can I request humanitarian protection?

3.1 Clearly YES, one of the rights recognized by the Italian Law when a refusal of entry is applied at the border is precisely that of requesting humanitarian protection from the Italian State. 

For this reason, in the event that you cannot speak the Italian language, you must have the assistance of an interpreter or cultural mediator

3.2 All migrants can apply for a residence permit for humanitarian reasons when these conditions are met: 

  1. In the event that the person meets the requirements to be recognized as a refugee; 
  2. In the event that there is a real risk that the person, upon returning to their country of origin, runs the real risk of suffering “serious harm”. 

If you want to know what the application for international protection consists of and how to apply for it, I suggest you to read this article in which Italy immigration lawyer explains in detail how to enter Italy and all the conditions required by Italian law for the granting of protection for humanitarian and political refugee status.

What happens if I stay in Italy for a period longer than the duration of the visa?

4.1 In the event that you remain in Italian territory for a period of time longer than the duration of your visa, you will be considered as a person illegally present on Italian territory and, in accordance with the provisions of the Italian Consolidated Immigration Law, you may be fined between 5,000 and 10,000 euros. 

In the event that you, on the contrary, decide to stay longer in Italian territory, based on the provisions of art. 10 bis of Legislative Decree 286/98, a decree of expulsion can be issued.

4.2 In the event that, still, despite the fact that the stay in Italy lasted a period of time longer than the duration of the visa, but you spontaneously went to the border to leave the Italian territory before the application of the fine or the decree of expulsion, neither the fine nor the expulsion decree may be applied.

What happens if an expulsion order is applied to me?

5.1 In the event that an expulsion order is applied to you, you can appeal this provision to the competent judicial authority.

For this reason, in the case of an administrative expulsion applied by the Ministry of the Interior, will be competent the T.A.R. (Regional Administrative Court), while, in the event that an administrative expulsion of the Prefect is applied, the Judge of Peace will be competent. 

If you want more information on the subject and know what to do in case of application of an expulsion order, I suggest you read this article in which I explain in detail how to enter Italy legally, what the law provides and how to appeal against an order of expulsion from Italian territory.

Is it a crime to stay illegally in Italy?

6.1 Definitely YES, and the Court of Cassazione has specified it on several occasions, establishing that the conduct of illegal entry into Italian territory and the permanence in it of the irregular foreigner continues to be considered a crime in all aspects, since the decriminalization provided for by Law number 67 of 2014 has not occurred for this crime. 

If you want more information on this subject, I invite you to read this article in which Italy immigration lawyer explains in detail why staying in Italy illegally is a crime and how this conduct is punished.

Once I have obtained the entry visa, can I apply for a residence permit?

7.1 Surely YES, the main requirement to apply for a residence permit lies precisely in the fact of being regularly present on Italian territory. 

You should know, in fact, that in the event that the application for the issuance of the residence permit is made by a person who is not regularly present on Italian territory, it may be declared inadmissible, with the consequent request to leave the Italian territory within 15 days. 

In the event that Italian territory is not left within this period, a provision may be applied for the expulsion of the foreign citizen from Italian territory, with the consequent prohibition of re-entry into Italy within the time limits provided by law.

How to apply for a residence permit once you have arrived in Italy?

8.1 Once you have entered Italy on a regular visa, within eight days of entry, you can apply for the issuance of a residence permit. 

Italian law provides for different types of residence permits and, depending on the type of residence permit you wish to apply for, the request for issuance can be made directly at the Police Headquarters or at Poste Italiane Offices accredited for this type of service. 

Once the application is made, you will be issued a provisional residence permit that will be valid until the Questura’s decision on the issuance of your residence permit. 

8.2 If you want to know how to apply for the issuance of the residence permit, contact the Italian immigration lawyer who explains to you in detail how to enter Italy regularly, what establishes the Italian law for the issuance of the residence permit and what to do in case that the Police Questura refuses to do so.

Furthermore, Italian law provides for special procedures for the issuance of a residence permit in the case of sporting events or for persons who must be recruited as footballers in sports clubs.

How to renew the residence permit?

9.1 Once you have obtained your residence permit, you will be able to reside regularly in Italy for the entire period of validity of the permit. 

However, always pay close attention to its expiration date, since the residence permit must always be renewed within 60 days of the expiration date. 

9.2 In the event that the renewal of the residence permit is not requested within 60 days from the expiration date, the person will be considered illegal on Italian territory and expulsion may even be ordered. 

The application for the renewal of the residence permit, depending on the type of residence permit requested, must be submitted by the foreigner at the competent offices of the Questura, or at the accredited Poste Italiane Offices.

What is it and after how long can I apply for a green card?

10.1 The residence card is a document that allows the foreign citizen to stay in Italy indefinitely. 

It can be requested by the foreigner who has been the holder for more than 6 years of a regular residence permit, which allows an indefinite number of renewals, therefore a residence permit for reasons of family, work, political asylum, religious reasons, residence elective. 

In this case, to obtain the residence card, the foreigner must prove that he has an annual income in Italy equivalent to, at least, the annual amount of the social allowance (in the case of a family unit made up of two people), twice the amount annual amount of the social allowance (in the case of a family of 3 or 4 people), triple the annual amount of the social allowance (in the case of a family of 5 or more people).

After how many years of residence in Italy I can apply for Italian citizenship?

11.1 In the case of residence in Italy, the application for Italian citizenship, in accordance with art. 9 of Law 91 of 1992, can be presented after a period of registered residence in the Italian territory that varies according to the origin of the foreign citizen.

In the case of EU citizens residing in Italy, the citizenship application can be made after a period of 4 years of residence in the Italian territory. 

In the case of stateless persons and refugees, the application can be made after a period of 5 years of residence in the Italian territory. 

In the case of citizens of non-European Union states who are not considered stateless or refugees, the application can be made after 10 years of residence in Italy. 

11.2 If you want to know how to enter in Italy and obtain an Italian citizenship, I suggest you to contact a lawyer that explains how to apply and what are the requirements established by law to obtain Italian citizenship.

What are the crimes foreseen in Italy regarding illegal immigration?

12.1 First of all, as I told you before, entering in Italy illegally could expose you to the risk of being subjected to criminal proceedings for the crime of illegal immigration. 

If you want to know what are the conditions established by Italian law to consider configured this crime, I suggest you read this article in which I explain when the crime of illegal immigration is configured, how to defend yourself and what are the applicable penalties for this type of crime. 

In case of controversy of the crime of illegal immigration, you should know in any case that the special tenuousness of the fact, provided for in art. 131 bis of the Penal Code, by which the penalty for this type of crime can be excluded. 

12.2 On the other hand, there is the crime of complicity and exploitation of illegal immigration in the case of those who manage, organize, finance or carry out the transport of foreigners in the territory of the Italian State and also the conduct of those who favor the entry of illegal immigrants in Italy. The rule on the facilitation of illegal immigration, in section 5, also incriminates the facilitation of the illegal stay, that is, all those conducts intended to favor the illegal stay of the foreigner in Italy.

Why contact an experienced immigration attorney in Italy?

As you may have understood, the subject at hand is a particularly complex and delicate matter and requires particular and specific professional skills of national and international law that not all lawyers possess. 

If you want to know how to enter in Italy, it is always recommended, therefore, to have a competent Italian immigration lawyer and expert in the matter, who knows well the legal matter and international law so that, from the beginning, there is the maximum guarantee of the right of defense, providing the most appropriate defensive strategy for the specific case. 

The Criminal Lawyer H24 law firm has for years been offering legal assistance and advice to foreigners and immigrants for the formulation of applications for Italian citizenship, residence permits and for the application for issuance of the residence card.

If you need legal assistance in immigration matters or have had a refusal to issue a residence permit and want to challenge it, or simply want to know how to enter Italy, do not hesitate to contact us; an immigration lawyer from Italy will respond immediately !!

For this reason, you have to rely on an expert Immigration lawyer In Italy.

The team of Criminal Lawyer H24 has been working for years to defend its clients.

Furthermore, with Immigration lawyer in Italy you can:

1. get an immediate quote without future surprises. Each defensive choice will be agreed in advance with you, you will not have bad surprises and you will not have to incur unexpected costs. From the beginning you will know what are the costs you will have to bear;

2. always be informed of our professional activity carried out in your exclusive interest. You will be updated step by step what we are doing and what will happen. We will explain things to you so that you can understand the difficult language of the law.

3. Our office is called Crimina Lawyer H24 because we are always operating 7 days a week 24 hours a day. We are always by your side and you can always count on us. Every day at any time of day or night.

So what are you waiting for, CALL if you want to know how to come in Italy. !!! 

If you want to receive assistance or legal advice on this topic you can contact Criminal Lawyer H24 which boasts of its team an expert Immigration Lawyer Italy

H24 Line for emergency: +39 338 85 15 424.

or fill out the contact request below to receive legal assistance or advice, you will be immediately contacted by one of our Immigration Lawyer Italy 

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