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three-fold strategy: (i) strengthening the control of borders;13 (ii) punishing smugglers,
traffickers, and employers of illegal immigrants;14 and (iii) rejecting illegal immigrants at the
border, expelling them from the territory and imprisoning those who fail to execute an expulsion
order.15
21. Non-EU citizens, other than those entering for tourism, study, business, or family reasons,
can enter Italy to perform subordinate work, including on a seasonal basis, as well as
autonomous work within the limits set by the quotas determined yearly by ministerial decree,16
provided that a work and residence contract exist prior to arrival. In the residence contract, a
prerequisite for obtaining a residence permit, the employer undertakes to guarantee adequate
accommodation and the costs of the return travel. As a response to the number of illegal
immigrants on Italian territory, 1,369,258 immigrants have been regularized through four
regularization processes in 1989, 1990, 1995 and 2002.
22. Once foreigners have entered Italy legally they are allowed to reside as long as they have a
valid residence contract and permit for employment or a residence card, obtainable after six
years of uninterrupted residence provided that the foreigner has sufficient income.17 The
Bossi-Fini Law, in comparison with previous legislation: (i) reduced the duration of residence
permits from two to four years to one to two years; ( ii) required an additional year for the
granting of a residence card; (iii) and halved to six months the time given to a foreigner who had
lost his/her job to find new employment before losing the work permit. The Bossi-Fini Law also
established an office for immigration matters responsible for the entire procedure regarding the
hiring of foreign workers (“One-Stop Shop”) in each province at the local office of the
Government (prefettura).
13
Ibid., art. 11.
14
The smuggler is punished with imprisonment from 3-12 years and a fine of up to 15,000 euros
and the traffickers for the purpose of prostitution and sexual exploitation or other purposes
involving minors with imprisonment of 5-15 years and a fine of 25,000 euros. An employer who
employs foreign workers lacking a residence permit or whose permit has expired without
application for its renewal is punished by detention for three months to one year and a fine
of 5,000 euros for each worker employed. See articles 12 and 22.12 of the Consolidated Act as
amended by the Bossi-Fini Law.
15
See article 13 of the Consolidated Act as amended by the Bossi-Fini Law.
16
The President of the Council of Ministers issues a yearly decree by which quotas are
established determining the sectors of work and the numbers of workers needed, based upon the
needs of the labour market. Nationals of those non-EU countries with which cooperation
agreements have been signed on the regulation of the incoming flow and readmission procedures
are favoured.
17
See article 9 of the Consolidated Act as amended by the Bossi-Fini Law.