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.

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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.