Sanatoria – what to know 👌

Update on May 14, 2020: After days of discussion, on May 13th the government has finally approved the ‘Decreto Rilancio’ – which includes rules of the sanatoria to regularize some undocumented migrants working in the country.

President Mattarella must sign the decree, which will go into effect after it is published in the Official Gazette. Until then, we won’t have full details. We’re investigating with lawyers at CILD to share more accurate info ASAP.

Update on April 21, 2020: On April 18, the government shared a first draft of the decree for the much talked about amnesty, or 'sanatoria' in Italian. But please keep in mind this is only a draft. In other words, the amnesty is not confirmed yet!

According to a first draft, the government plans to regularize undocumented migrants who can prove that their employer is offering a valid fixed-term work contract in one of the following sectors: agricultural, livestock, fisheries and aquaculture. The draft also says that i eligible for the amnesty, te person will get a temporary work permit. When this permesso is about to expire, the person may only renew with a valid work contract.  

Many associations, including members of the 'Ero Straniero – L'umanità che fa bene' campaign, are advocating to extend the sanatoria to other worker categories. You can find a draft of the proposed decree in Italian, here.

In the past few months, we have been receiving many questions about the proposed amnesty that – if passed – would allow to regularize the presence of undocumented migrants working in Italy. We’ve heard a lot of rumors, and we think it’s really the time to stop misinformation an bust fake news.

👇 Here’s a few things to know about this rumored sanatoria:

⚠️ The sanatoria has not been approved yet  – and we don’t know if it will! Meanwhile, please be aware of scams! Make sure you don't give money to anyone promising a permesso in exchange of money. If you have any doubt you can drop us a private message or ta to a trusted legal expert!

⛔ A first attempt to pass the sanatoria failed at the end of December 2019. However, last January the Interior Minister Lamorgese potentially opened the doors to an amnesty.  But the government still needs to discuss it. No decision has been made so far!

🤷 If the measure passes, we’re not sure whether it will apply to asylum-seekers.

Sanatoria – what is it exactly?

An amnesty, or ‘sanatoria’ in Italian, is an extraordinary measure that aims to regularize people without a valid permesso di soggiorno who are employed in undeclared work in Italy.

Basically, if you are undocumented and you report yourself to the relevant authorities with the support of your employer, you may get a valid permesso per motivi di lavoro to stay in Italy. This holds true only if the sanatoria is approved and you meet its requirements.

The idea of this rumored sanatoria is based on the ‘Ero straniero - L'umanità che fa bene’ proposal. This draft law is under examination at the Constitutional Affairs Commission since April 2019, and a first attempt to pass the sanatoria failed at the end of December.  

More info on ‘Ero Straniero’ (in Italian only).

We have fact-checked some of your questions with CILD lawyers ⚖️

🤔❓“How true is that filling out 👆this form (which you normally submit at the poste to renew or convert your permit) will allow you to get 2-year soggiorno without even going to commission?”                                                                              ❌ FALSE – The sanatoria has not been approved yet, so there is no way for people to get a 2-year permit without going to Territorial Commission. As of now, there are two types of 2-year permit in Italy:

  1. Permesso per Casi Speciali, given to people who applied before October 5, 2018, and meet the requirements. To learn more click here.
  2. Permesso per Motivi di Lavoro, only in the case you have an indeterminato contract when converting an expiring casi speciali permit.

🤔❓“Is it true that collecting and filling this paper available in post offices means that the Italian government is giving out documents to migrants?”   ❌ FALSE – The Parliament has not approved the sanatoria yet, this means that the Italian government is not giving out documents to undocumented migrants. For now, undocumented workers are still considered as irregular in the country.

🤔❓“I got this trending on WhatsApp, with a voice note saying that Italian's government give documents to asylum-seekers every 10 years.”                        ❌ FALSE – Sanatoria is an extraordinary measure that is passed every now and then, but not necessarily every 10 years. For example, Italian governments have approved 8 sanatorie in the past 27 years – the last one in 2012.

What is this poste form then?

The form that has been circulating on WhatsApp and Facebook groups, it’s just the form that you need to fill and submit when renewing or converting your permesso di soggiorno. However, it has nothing to do with the sanatoria.

Depending on the permit you need to renew, convert or update, you will need to fill in the Modulo 1, the Modulo 2 or both. Learn more on the Portale Immigrazione website.

If you have any other question or want to fact-check rumors and information you’ve heard, you can always drop us  📥 a private message.

📸 Cover image: LaPresse/Stefano Porta