For migrants in a regular position with the law in relation to their presence in the territory of the State one of the most important entitlements is the right to obtain a stay card (or residency card) This is a document which testifies a position for the foreigner where its legal status is more closely resembling the citizen’s status. The “stay” or “residence card”’s duration is unlimited. It is moreover an intermediate step towards possible acquisition of nationality.

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For migrants in a regular position with the law in relation to their presence in the territory of the State one of the most important entitlements is the right to obtain a stay card (or residency card) This is a document which testifies a position for the foreigner where its legal status is more closely resembling the citizen’s status. The “stay” or “residence card”’s duration is unlimited. It is moreover an intermediate step towards possible acquisition of nationality.

For a foreigner to request and obtain a stay card a number of requirements need to be met, in particular s/he must demonstrate: six years of lawful stay in Italy; a regular income sufficient for maintaining the applicant and his/her family; absence of criminal record, including non definitive judgements; not being indicted in criminal proceedings which   relate to crimes for which flagrant arrest is provided for in the criminal code. The card is also obtainable by spouses or minor children of Italian or EU citizens resident in Italy.(law 189/02 art.9) The card carries a number of further rights, including the right to participate in local elections in certain cases. Moreover, expulsion can be ordered against holders of the card only for serious reasons relating to public security and order or if the holders belong to one of the categories indicated in a number of laws against mafia and organised crime

Foreigners who are lawfully resident who work independently or in a subordinate position or are enlisted in the employment lists or who in any case have applied for obtaining or renewing a stay permit have the right and the duty to register on the National Health Service records and have equal rights to access health services and duties to pay taxes and duties towards national insurance and health care. (law 189/02 art 34). Such rights also belong to their dependent family members.

Foreigners who do not have a permit of stay can request issuance of a health assistance card by the local Health care authority, which must be shown every time s/he approaches the National Health Service. The Service does not notify Police authorities if approached by a foreigner without stay permit or equivalent documentation. The foreigner without a permit has access without charge to, first aid and hospitalisation, whether urgent or continuous due to illness or accident in public and recognised health centres; basic health assistance; use of certain services, such as: pregnancy, abortion and child assistance, prevention, diagnosis and treatment of infectious diseases and common illnesses; free distribution of essential medicines

Family planning Clinics exist in all provinces and regions. By law, they must assist pregnant women, even if they do not have a permit of stay, as well as their children until they reach they age of 18. Also by law they must assist citizens and foreigners alike even without appropriate documentation in: Assistance to pregnant women; assistance to women who decide to abort, in accordance to the law 194/78(the law which ahs legalized abortion in Italy) ; assistance and consultation for psychological and social problems in couple relationships, parent-child relationship, pregnancy, birth, sexuality family violence and problems of maltreatment problems etc.; health assistance for foreign children who are not enrolled in the National Health Service; etc.

In terms of social assistance holders of a stay card or a permit of stay with at least one year of validity, have the same rights of Italian citizens to obtain financial and social assistance in cases of tuberculosis, blindness, dumbness or civil invalidity, or suffer form indigence. It is also valid for minors mentioned in the adult’s stay card or permit of stay.

Holders of a permit of stay granted for reasons different than family reasons who cannot afford lodging can use, without paying and only for the time necessary, one of the “regional welcome centres”. In these centres they can receive the necessary means of subsistence, knowledge of the Italian language and receive health and social assistance. If regularly resident in Italy and in a situation of financial shortage, foreigners can live in social lodgings, collective or private, which are provided by the local municipalities or private associations or by other public or private bodies by paying a small rent, until more suitable accommodation is found . Holders of a residence permit who are enrolled in employment listings or with a subordinate job or self employed have the same rights of Italians to be admitted onto the public residential lodging lists (“case popolari”) and to facilitation for renting or buying a house.

Foreigners’ children are subject to compulsory basic education in equal measure as nationals and are granted the right to educaiton. Law 189/02 also details measures for the integration of foreign minors and for intercultural education to be adopted as an aim and a method, particularly through the action of local and regional authorities

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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