
On 11 December 2024 a new law - Law No. 187/2024 - was published which introduces urgent provisions concerning the entry of foreign workers into Italy, protection and assistance for victims of labour exploitation once in Italy, management of migration flows, international protection, and related judicial procedures.
The law is divided into 5 chapters:
- Revisions to the entry rules for foreign workers
- Provisions for protecting foreign workers who are victims of crimes such as human trafficking and exploitation, and measures against undeclared work
- Measures for managing migration flows and international protection
- Procedural provisions
- Transitional and final provisions
Two notable provisions relate to migrant integration, as they affect the migrant reception system and eligible grounds for family reunification. With regard to reception, the law introduces 2 amendments:
- Restricted access to reception facilities: asylum seekers who file their applications more than 90 days after entering Italy will face limited access to reception services.
- Prioritisation based on arrival method: Priority for reception is now given to asylum seekers who arrive in Italy via search and rescue operations. This measure discriminates between migrants rescued at sea and those arriving by land (e.g., via the Balkan route) or air (a common pathway for citizens of visa-exempt countries).
With regard to family reunification, the law introduces 2 amendments:
- Extended period of legal residence: Foreign nationals applying for family reunification must now demonstrate an uninterrupted period of legal residence in Italy of at least 2 years. This requirement does not apply to holders of residence permits granted "due to international protection", and is limited to reunification requests for spouses or parents. Minor children remain exempt and can be reunited without the 2-year residency prerequisite.
- Stricter housing requirements: The law revises the assessment criteria for the adequacy of housing. In addition to existing requirements for sufficient income and sanitary conditions, authorities must now verify compliance with specific occupancy and space standards as outlined in the decree of 5 July 1975 by the Ministry of Health. The responsibility for verifying the number of occupants and minimum living space lies with municipal offices, potentially involving on-site inspections.
While these provisions do not fundamentally overhaul the family reunification process, they are expected to extend the preparation phase before submitting an application. The longer residency requirement and enhanced administrative checks on housing suitability could delay the realisation of the right to family unity. This is particularly significant as existing housing verifications in many municipalities already take over six months to process.
Finally, the law also reinforces Italy's commitment to tackling labour exploitation, by stating that exploited foreign workers - who collaborate effectively with judicial authorities - may obtain a special residence permit. This permit is valid for 6 months and can be renewed for up to 1 year or longer if required for judicial purposes. It grants access to social services, education, and the labour market, facilitating integration into the formal economy, and it can be converted into a permit for labour reasons. Moreover, the new law increases funding for the implementation of individualised assistance programmes for victims, focusing on vocational training and social integration. These programmes aim to transition individuals from exploitative conditions to legitimate employment within a healthy economic framework.
Details
- Publication dates
- Geographic area
- Italy
- Source
- Posted by