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Sanatoria 2020 for domestic and agricultural workers: 69% of applications accepted

Offices still have to process 6,000 emersion applications submitted for foreign workers under the Relaunch Decree

by Bianca Lucia Mazzei and Valentina Melis

(Adobe Stock)

3' min read

3' min read

More than four years after the amnesty provided for in the Relaunch Decree (Decree-Law 34/2020), the examination of applications submitted by employers for foreign workers employed in agriculture and family assistance is finally coming to an end. More than 6,000 workers are still waiting for a final answer.

According to data provided by the Ministry of the Interior to Il Sole 24 Ore on Monday, 96.9 per cent of the applications have been finalised. This is about 201 thousand applications, out of more than 207 thousand submitted in the summer of 2020. 69.4 per cent were accepted (about 144 thousand applications).

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The residence permits actually issued, however, are fewer. The dossier prepared by the Ero straniero (I am a foreigner) Campaign, which in recent years has monitored the situation by requesting civic access to the Viminale's records, shows that 58% of the applicants, i.e. 120,368 people, have obtained residence permits for work or pending employment.

This difference is due not only to the slight time lag of the two data (those of Ero straniero are updated on 30 June while those of the Viminale are more recent) but also to the fact that several months can pass between the conclusion of the examination of the application and the actual issuance of residence permits.

'For workers, the delay in obtaining a residence permit,' reads the dossier that the Ero straniero campaign anticipated in Monday's Sole 24 Ore, 'means not being able to conclude another work contract, not being able to leave Italy or open a bank account. It is a limbo of legal uncertainty and precariousness that the institutions are not taking care of'.

The numbers

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There were 207,542 applications for emersion. The rejected applications were 17.6 per cent, those subject to waiver 2.7 per cent, and those filed 6.5 per cent.

A total of 116,551 residence permits were issued for work, while another 3,817 were issued for waiting for employment (in the event of failure to establish or early termination of employment for reasons not attributable to workers).

The vast majority of permits concerned workers with two-year (51.8%) or one-year (47%) contracts.

I PERMESSI RILASCIATI

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Although 85% of emersion applications concerned domestic workers and 15% agricultural workers, 60% of residence permits were issued to men. This is a striking figure, considering that 88.6% of the domestic workers surveyed by Inps are women. Ukraine leads the ranking of the countries of origin of foreign citizens who have obtained a residence permit for work with the amnesty: in ninth place is China.

The causes of the delay

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At the root of the delays in examining applications was above all the shortage of staff at prefectures and police headquarters. Decree-Law 34/2020 had provided for the recruitment of agency workers, but they were employed late and not continuously.

The Ero straniero campaign dossier traces their history. They only came into service in March 2021 (1,200 people) but their contract, after several extensions, ended at the end of 2022. In March 2023, the Ministry of the Interior launched a new tender for labour administration, but only in January-February 2024 were contracts signed (extended to 31 December this year) for 550 workers at the immigration offices of the police headquarters and 570 at the one-stop shops of the prefectures. 'The long period of absence of this additional workforce has led to a real stalemate in the processing of applications,' the dossier states.

The class actions

The long delays in examining applications affected the prefectures of Rome, Naples and Milan in particular. Class actions were initiated in the Lombard capital and in the capital by foreign workers and migrant protection associations.

On 20 September, the Council of State, in Judgement 7704, upheld a collective action on immigration for the first time, confirming the previous decision of the Lombardy Regional Administrative Court (Judgement 2949/2023). The Council of State thus ascertained the inefficiency of the Milan Prefecture and reiterated the obligation to conclude all administrative procedures within 180 days, even for immigration-related procedures. The class action against the Rome Prefecture was instead rejected by the Lazio Regional Administrative Court in 2023 (which identified the pandemic as one of the causes of the delays) but the plaintiffs appealed to the Council of State.

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