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New 2023 Migration Law: Simplification of Entry Quotas, Increased Repression of “Illegal” Migration and Narrowed Paramaters of International Protection

The new migration decree has become law, (Law Decree 20/2023.) Below are the key changes:

HEAVIER SENTENCES FOR CRIMES RELATED TO “ILLEGAL MIGRATION”

A new violation is introduced: “Death or injuries resulting from acts of illegal Migration,“ accompanied by harsher penalties:

  • 10 – 20 years for serious or very serious injuries to one or more individuals
  • 15 – 20 years for the demise of one individual
  • 20 – 30 years for the demise of more than one individual

EXPULSIONS

It will no longer be necessary for a justice of the peace to validate an order of expulsion issued after a conviction in order for it to be executed. 

MIGRATION QUOTAS

 

  • New ways to establish quotas for the entry of foreign workers

              The quotas set to admit foreign workers to Italy will go into effect for three years (2023-2026) instead of just one year.

Workers whose country of origin promotes publicity campaigns on the risks of illegal migration will receive special consideration.

  • Entry and Residence Permits Procedures  for Foreign Workers Are Modified

Procedure for the employment of a foreign worker by an Italian enterprise is simplified, and the procedure to grant dispensation for subordinate worker is expedited, even for seasonal work.

TRAINING PROGRAMS

Foreigners who have successfully completed training programs, approved by the Italian government and sponsored by the Ministry of Labor, in their country of origin will be able to apply to enter Italy outside of the quotas established by the Migration Law.      

RESIDENCE PERMIT’S DURATION AT RENEWAL

The renewal of a residence permit issued for permanent employment, self-employment, or family reunification will last a maximum of three years and a minimum of two.

NEW RESTRICTIVE MEASURES ON THE GRANTING OF SPECIAL PROTECTION

The category concerning the realm of private and family life of an individual applying for special protection has been eliminated.

Please Note:  This change will apply only to those requests that will be filed starting on 03/10/2023. Those who already have an appointment at the Questura are exempted.

Those who do not yet have an appointment at the Questura, but filed the request prior to 03/10/2023, be advised to print and save the e-mail application sent to the Questura.

Please Note:  Special protection will continue to be granted in those cases where it is deemed that its rejection may lead to “persecution due to issues of race, gender, language, citizenship, religion, political affilitations, personal or social status.” (ART 19, Para 1 of TUI)

The special protection permits granted prior to 03/10/2023 on the basis of safeguarding and “respecting one’s private and family life” will be renewed for an additional year. After that, they must be converted into work permits.

Special Protection Applications Filed after 03/10/2023 

In this case, our recommendation is to consult  an association that will safeguard your rights such as ARCI’s Free Number for Refugees and Asylum Seekers (call 800905570 or +39 3511376335 or write numeroverderifugiati@arci.it.) Another option is to consult a lawyer that will help you apply for special protection status.  Be sure to attach all relevant documentation or in-depth report that will highlight those aspects of your family life (social-work integration and/or family status) that fall under Art. 5, Paragraph 6 TU on migration and under Art. 8 CEDU that must always be applied because it is part of Art. 117 of the Italian Constitution.