Residence permit for family workers in Italy: Letter e) of Legislative Decree 286/98

Legislative Decree 286/1998, better known as the Consolidated Law on Immigration, regulates the entry and residence of foreigners in Italy. In particular, letter e) of Article 27 refers to a specific category of workers: family workers who already have a continuous domestic work relationship abroad with Italian or European Union citizens residing abroad.

Who can apply for this permit?

Family workers who can obtain a residence permit pursuant to letter e) are:

1. have a full-time domestic work relationship abroad for at least one year with:

• Italian citizens residing abroad

• citizens of a Member State of the European Union residing abroad.

2. move to Italy together with their employer to continue the domestic work relationship

Main requirements

To obtain a residence permit, the family worker must meet some fundamental conditions:

• valid employment contract: the domestic work relationship must be regularly registered and continuous for at least 12 months

• transfer with the employer: the worker must move to Italy at the same time as the Italian or European citizen

• documentation proving the employment relationship: employment contract, pay slips, tax returns demonstrating the existence of the employment relationship

Duration of the residence permit

The residence permit issued to family workers:

• has a duration equal to the employment contract, if it is a fixed-term contract, or two years in case of open-ended contracts

• can be renewed if the employment relationship continues regularly in Italy

Rights of the family worker

Once the residence permit has been obtained, the family worker has the right to:

•        work regularly as a domestic worker in Italy

•        access the national health services (SSN)

•        enjoy the rights provided for domestic workers in Italy, such as holidays, social security contributions and insurance

Conclusion

Letter e) of Article 27 of Legislative Decree 286/98 offers a significant opportunity for family workers to continue their work activity in Italy in a legal and protected manner. It is important to comply with the legal requirements and carefully prepare the necessary documentation to facilitate the application for a residence permit.

Your Way to Italy: our assistance

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The content of this article is intended to provide general guidance on the subject. It is necessary to seek specialist advice in relation to your specific situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.