Approved the conversion into law of Legislative Decree 145/2024: important innovations regarding visas and residence permits for Italy and management of migratory flows

On December 4, 2024, the Italian Senate, following prior approval by the Assembly of the Chamber of Deputies on November 21, 2024, approved the converting law of the Decree 145 of 2024, which contains urgent provisions regarding the entry into Italy of foreign workers, the protection and assistance to victims of mafias, management of migratory flows and international protection, as well as related judicial procedures.

Restrictions on family reunification

The conversion law intervenes in the matter of family reunification of foreigners, introducing, among other things, the provision according to which, in order to issue the authorization for family reunification, the non-EU citizen already residing in Italy must comply with the requirement of residence for at least 2 years in the national territory, with the exception of the case of reunification with minor children, for whom there is no obligation for the applicant to have a previous stay of two years.

The other changes

Among other novelties, the following measures are also foreseen:

• the extension, as of January 11, 2025, of the obligation to acquire fingerprints to those who apply for the issuance of long-term national (D) visas;
• the digitalization of the procedure for signing the integration agreement also in cases of entry for work, in particular cases outside the annual quotas provided for by the Flow Decree, and for the entry and residence of highly qualified workers (e.g. EU Blue Card or intra-company transfers);
• the quota mechanism provided for by the Decreto Flussi for the conversion of residence permits for seasonal work into subordinate employment and for the conversion of residence permits for long-term residents in the EU issued by another Member State is abolished;
• a digitalized procedure is introduced for the signing and sending of the residence contract by the employer and the worker in cases of issuance of a work authorization, as well as the corresponding obligation for the employer to choose a digital address (PEC address) for communications;
• a special regulation is introduced for the entry of foreign workers in 2025 and the extension for the three-year period 2026-2028 of the special procedure for determining the annual quotas for the entry of foreign workers introduced by Legislative Decree no. 20 of 2023;
• it provides for a request for confirmation by the employer of the continued interest in hiring the worker prior to the issuance of the national visa (D), and penalizes with the inadmissibility of the application the employer who has not proceeded in the three years preceding the signing of the residence contract in the framework of a previous application;
• the deadline for the so-called labor market test is reduced, i.e. the personnel application to be sent to the Employment Center, using a form prepared by the Ministry of Labor or the Regions, after which, in case there is no response within 8 days, the procedure can be said to be positively concluded;
• with regard to applications submitted under the procedure provided for by the Decreto Flussi, the elimination of tacit consent was finally envisaged at the examination stage for applications concerning workers from States considered to be at risk (for now, for 2025 Bangladesh, Pakistan and Sri Lanka). 

Conclusion

These are the main changes introduced in the applicable Italian immigration legislation with the approval of the law converting Legislative Decree 145/2024. The impact of these changes, in some potentially very relevant aspects as, for example, in the case of the tightening of the requirements for family reunification, it will be possible to assess from the beginning of 2025, after they will officially enter into force with the publication of the law.

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The content of this article is intended to provide general guidance on the subject. For doubts or particular cases you should seek specialized advice according to your specific situation.