Foreigners requesting a residence permit for family reasons can start to work from when they enter to Italy for the first time, in compliance with the obligations and conditions established by current legislation. In order to prove the regular residence in the territory of the State and the possibility of establish a regular working relationship, they can use the postal receipt confirming the request for the issue of residence permit for family reasons.
The Joint Note adopted by the Ministry of Labor and the National Labor Inspectorate on May 7th 2018 allows the performance of work, while waiting for the issue of residence permit for family reasons.
The further Note clarifies that, according to art. 30 paragraph 2 of the Immigration Code (hereinafter “TUI”) and art. 14 paragraph 1 of the d.p.r. 394/1999, the residence permit issued for family reasons allows the foreign citizen to carry out work as an employed or self-employed person on Italian territory until the expiry of the same and without the need to convert it into a permit for subordinate work, without prejudice to the minimum requirements of age provided for by national legislation.
Furthermore the art. 5 paragraph 9-bis of the TUI allows the applicant of the residency permit for employment to temporarily carry out the work activity for which he was authorized to enter in Italy, pending his release or renewal provided that:
- the application for release was submitted within 8 days of entry into Italy, at the time of the residence contract signing at the Immigration Office (Article 35 of Presidential Decree 394/1999) or, in the case of renewal, before the expiry of the permit;
- the applicant has the application form for the residence permit (see article 36 of the decree 394/1999) and the receipt issued by the competent office certifying the submission of the application.
This rule refers only to the applicants for a permit for employment work and there was, therefore, the doubt about the possibility of extending it also to the applicants of a residence permit for family reasons.
However, as we read from the note, it must be taken into account that the residence permit for family reasons allows the foreigner to perform work without the need to obtain a permit for employment work, it is considered that the provision referred to in . 5 paragraph 9-bis, may also be applied in such cases.