Immigration: family reunification to be granted immediately to skilled workers. An extra three months for migrants at risk of absconding

Exemption from the two-year period. The fast-track procedure will primarily apply to executives and highly specialised staff of companies with headquarters or branches in Italia, representative offices of foreign groups with their head office in a World Trade Organisation member state, and the Italian offices of domestic companies or companies from other European Union countries.

The exemption will also apply to employees paid by employers resident or based abroad who are temporarily seconded to Italian entities or foreign entities resident in Italia to carry out work provided for in a contract.

University lecturers and skilled workers. In addition to these are ‘university lecturers due to take up a post in Italia’, foreign nationals with a PhD or higher qualification who enter the country to carry out research, and, finally, ‘highly skilled foreign workers’.

The second amendment concerns those who have already completed the fast-track procedure reserved for those arriving from an external border of the European Union. Where the conditions set out in the new EU rules are met, detention may be extended to up to twelve weeks: three additional months compared with the current provision. The most specific scenario is where there are concerns that the person may abscond or is obstructing the preparation for return and the removal procedure.

Three months. The overall maximum limit remains unchanged: it is still one and a half years, the highest limit permitted under European law for detention with a view to return. What has changed is the process for reaching that limit. The additional twelve weeks take place immediately after the border procedure, in the phase immediately following arrival.

Risk of absconding or obstruction of repatriation. The extension will not only apply to those already in a centre. It may also apply to those who had been released under alternative measures, such as the obligation to report periodically to the authorities or to reside at a specified address.

Obtaining a less restrictive measure will therefore not prevent a further detention. If there is a risk of absconding or obstacles to preparing for return, the person may be returned to the centre.

Refusal to be identified. The tightening of the rules also applies to those who refuse to undergo identification via fingerprints and police photographs. Until now, repeated refusal could be regarded as an indication of an intention to abscond after three full days of failed attempts. The amendment shortens this timeframe. The risk of absconding may be raised, and detention ordered, even before the three days have elapsed. Those who do not cooperate with identification procedures may therefore be subject to the most restrictive measure more quickly.

Validation of the arrest. The person in custody may participate via video link in the hearing at which the judge decides whether to validate the deprivation of liberty, even when the defence lawyer is connected from a different location. There is also a change regarding who is responsible for verifying the detainee’s identity. It will no longer be the lawyer representing them, but the police who carried out the arrest.

Voluntary presentation. An explicit guarantee remains: anyone who voluntarily presents themselves to the authorities to seek asylum, without having been stopped or intercepted, may not be detained on that ground alone. It is the only provision in the two amendments that relaxes the rules.