RESIDENCE PERMIT FOR WAITING FOR EMPLOYMENT
When is it issued?
The residence permit for awaiting employment is issued when, at the time of the renewal of the residence permit for subordinate work reasons, the worker is not the holder of an employment contract but is instead registered in the lists of placement.
Therefore, the loss of the job does not constitute a reason for revocation of the residence permit for the non-EU worker and his legally residing family members.
What must the foreigner do?
The foreigner who loses his job following dismissal or resignation, must present himself, within 40 days from the date of termination of the employment relationship, at the Employment Center and make a declaration certifying the work previously carried out and immediate availability to carry out work activities.
The foreigner who loses his job can be enrolled in the employment lists at the Employment Center for period of residual validity of the residence permit and, in any case, with the exception of the seasonal worker, for a total period of not less than one year or in any case for the entire duration of the income support services, during which you can look for a new job .
Duration
The competent Police Headquarters, upon expiry of the residence permit, issues a permit for awaiting employment for a period of not less than one year (Circular of the Ministry of the Interior no. 40579 of 03/10/2016).
The changes introduced by the law 28 June 2012, n. 92 which brought the duration of the permit for awaiting employment to one year (previously the duration was 6 months) also introduced a provision according to which "once the term referred to in the second period has elapsed, the income requirements referred to in Article 29, paragraph 3, letter b).
In any case, when the worker is the holder of a new employment contract upon expiry, the provisions relating to the renewal of the residence permit will be applied, as interpreted by the jurisprudence. site of renewal, once the validity of the permit for pending employment has expired, it will not be possible to set a minimum amount of income as provided for by Article 29, paragraph 3, letter b). Reference to this requirement is in fact possible only in the case of requests for family reunification or long-term EC residence permit.
On the other hand, the new formulation of art.22, paragraph 11, of the Consolidated Law, opens to a possible interpretation and extensive in the assessment of the conditions for the renewal of the residence permit which, at least in the trial, could rely on the possession of demonstrable economic resources, referable to the annual amount of the social allowance, even in the absence of an employment contract ( see sentence no. 2730/16 of the Council of State).
In any case, any periods of employment undertaken during the duration of the permit for pending employment, with the consequent cancellation from the registers of the Employment Center and any subsequent re-registration in the lists, interrupt the one-year term.
The duration of the residence permit for awaiting employment must therefore be extended until it reaches one year starting from the new registration with the Employment Center.
The application for the issue of the residence permit for awaiting employment must be submitted through the compilation of the Postal Kit (Mod 209)
Documents to be presented:
