New immigration lawyer joins Oliver & Partners

Posted by on Jun 29, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

We are pleased to announce a new addition to the Immigration and Citizenship department. Liliana Petrolo is an Italian lawyer with extensive experience in applications for visas for entry to Italy, in particular from non-EU countries, including: visas for re-entry into Italy, for family reasons, study, or elective residence (visto per reingresso, motivi familiari, residenza elettiva e studio); “blue card” applications for skilled workers (carta blu); permits for family re-union (permesso di soggiorno per ricongiungimento familiare); permanent, temporary and seasonal work permits (permesso di soggiorno stagionale e temporaneo); residence permits for EU long-term residents (Carta di soggiorno UE per soggiornanti di lungo periodo) and residence cards for family members of EU citizens (Permesso di soggiorno UE per soggiornanti di lungo periodo a favore dei familiari).

UK post-Brexit immigration law

Posted by on Jun 8, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

The new post-Brexit immigration bill for the UK has received initial approval by Parliament.  

The House of Commons approved the general principles of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2019-21 at a second reading of the Bill on 18 May 2020.

The aim of the new legislation is to force EU and EEA citizens to meet the same requirements for a grant of entry clearance as third country national applicants. The idea is for all migrants to be ‘highly skilled’. To meet the threshold of a ‘highly skilled’ worker, the government will be introducing a new points-based system. Points will be awarded for knowledge of the English language to a certain standard, having a job offer from an approved employer (who will act as the sponsor) and meeting a minimum salary threshold of £25,600. Further points will be awarded for having certain professional qualifications where there is a shortage of a workforce in that profession in the UK.

There has been a backlash that many of the frontline workers would not meet the requirements of this new immigration bill and would not score enough points to be granted entry clearance. They would not fall into the category of ‘highly skilled workers’ as many do not earn the minimum amount required. Clearly the aim of the Home Secretary is to extract as much money in taxation as possible but this will be at a cost of a decreased NHS workforce and other frontline workers. Shadow Home Secretary Nick Thomas-Symonds said that the earnings of frontline workers do not reflect their contribution to society. This begs the question that if the requirements of this new immigration bill are not relaxed, will there be a decrease in the number of frontline workers? Had this bill received Royal Assent before the pandemic, with what frontline force would we have fought a global pandemic?

The outbreak of the COVID-19 pandemic has highlighted the need for immigration in the frontline services and how a significant minority are not British citizens. Britain has literally needed immigrants to survive and many frontline immigrant workers have lost their lives during the pandemic. We will remember Prime Minister Boris Johnson’s address to the nation following his release from St Thomas’ Hospital after he contracted the virus, where he praised ‘Jenny from New Zealand’ and ‘Luis from Portugal’. They are but two of thousands of immigrants working for the NHS.

The government currently does not intend to relax the proposed rules,  saying that it is needed as part of the recovery plans for the government to recoup the money it distributed during the pandemic. Home Secretary Priti Patel states: “We will no longer have the routes for cheap, low-skilled labour that obviously has dominated immigration and our labour market for far too long in this country”.

The next stage of the passing of the bill will be the Committee stage at the House of Commons on 9 June 2020.

For those clients who wish to enter the UK, we would advise that applications are submitted sooner rather than later to avoid having to meet the somewhat draconian requirements to be classified as a ‘highly skilled worker’.

To read the bill as it stands please click the link below:

Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2019-21

Travelling to Italy from overseas

Posted by on May 21, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

The Italian government has issued new guidelines relating to travelling to Italy from overseas, lifting the restrictions in place due to COVID-19. These are effective from 3rd June 2020.

The new rules were published in Article 6 of the Presidential decree no. of 17th May 2020 (see link below to full text of the new law). 

DCPM 17th May 2020

Article 6 provides that from 3rd June 2020  there is no restriction on travel to or from the following countries: 
a) Member States of the EU;
b) Member states of the Schengen Agreement;
c) United Kingdom;
d) Andorra, Monaco;
e) San Marino and Vatican.

Movement to and from any other country will still be prohibited up to 15th June 2020, unless these are for proven reasons of work, absolute urgency or for health reasons, or return to one’s home or place of residence in Italy.

The rules are subject to Law no. 33/2020 of 16th May, which sets the condition that notwithstanding any lifting of restrictions, it must be possible to continue to guarantee the safety of the public, otherwise the easing of lockdown could be suspended.

Residence in Italy during transition period

Posted by on May 12, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

This post sets out the rules for British citizens already resident in Italy, and also aims to give some guidance for those hoping to apply for residence in Italy during the post-Brexit transition period.

The UK ended its membership of the EU on 31st January 2020, under the terms of the Withdrawal Agreement concluded on 19th October 2019.  

We are currently in the transition period, during which time all EU law is still binding in the United Kingdom and applies to British citizens resident in Member States. The transition period is due to end on 31st December 2020, however we note there is the possibility for this to be extended for “up to 1 or 2 years” if an agreement is reached between the EU and the UK before 1st July 2020. 

Chapter 1 of the Withdrawal Agreement deals with citizen’s rights and, in particular, the right of residence in EU member states (Articles 13 – 23).

British citizens already resident in Italy at 31st January 2020

The Withdrawal Agreement permits EU countries to treat the rights of British citizens and their family members who were already resident in member States before Brexit, in one of two ways.  

Italy fortunately adopted the simpler of these, the “declaratory” procedure, which means British citizens already resident in Italy pre-Brexit do not need to apply for residence again from scratch. The “declaratory” procedure enable British citizens already resident in Italy to simply exchange their present certificate of residence for a new document declaring the continuation of their existing status and all rights which this conferred.   

The Ministero dell’Interno (Italian Home Office) issued a guidance note Circolare n. 3/2020 in February 2020 . The Circular sets out the contents of the new residence document, which is named “Attestazione di Iscrizione Anagrafica” (a template is shown here).

 

The new Attestazione di Iscrizione Anagrafica

 

From 1st February 2020 British citizens already registered as resident may  attend their local Comune to request this new document, simply by showing proof of ID.

As at the time of this guidance note, it has not been clarified whether this new document is actually mandatory, or if there is a time limit by which to apply for it. In the meantime, it is likely that a simple “certificato di residenza” should be sufficient to demonstrate a British citizen’s current status in Italy.

There is also a lack of clarity regarding the “Attestazione di Soggiorno Permanente” during the transition period. Many long-term British residents may have already applied for this document in the past after 5 years residence.  We understand that the Ministero dell’Interno has issued guidance to Comuni to refuse to issue this document post-January 2020, although this decision may be unlawful and is being challenged.

It should not be necessary for a person to hand in their Attestazione di Soggiorno Permanente on being issued with the new “Attestazione di Iscrizione”, however we understand this has happened on occasion, and guidance is also needed on this.

British citizens not resident in Italy at 31st January 2020

British citizens who were not already registered as resident before 31st January 2020 may still enter Italy during the transition period without a visa, under the Terms of the EU Directive on Free Movement n. 38/2004, and then may apply to the Comune to be registered as resident under the usual rules for EU citizens up to the end of 2020. 

An application for residence made before 31st December 2020 must be made on one of the grounds set out in Article 7 of the Free Movement Directive.  The British citizen must therefore show that they fall into one of the following categories, and provide documentary evidence that they:

(a) are workers or self-employed in the host Member State;

(b) have sufficient resources for themselves and their family members and have comprehensive sickness insurance cover in the host Member State;

(c) are students enrolled at a private or public establishment and have comprehensive sickness insurance;

(d) are family members accompanying or joining an EU citizen who satisfies the conditions referred to in points (a), (b) or (c).

They must provide proof of the address where they are living and permission to residence there (tenancy agreement or ownership) and their presence will be checked by the Municipal Police.

Once registered with the Comune, new residents will be issued with the “Attestazione di Iscrizione Anagrafica”.  

The British Embassy in Rome has published guidance on the new rules which can be consulted here: https://www.gov.uk/guidance/living-in-italy

The Free Movement Directive and rules for EU citizens applying for residence in another member states was implemented in Italian Legislation in Legge no.30/2007.

Decreto Flussi – when are we likely to know the 2020 quota?

Posted by on May 6, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

Every year the Ministero dell’Interno issues the Decreto Flussi, which is the quota of how many non-EU citizens are allowed to enter Italy to carry out seasonal subordinate work, self-employed work and non-seasonal work from eligible countries.

In 2018, the Decreto Flussi quotas were already available in January, with the application being submitted on 31st January 2018. In 2019, they were released on 24th April 2019. 30,850 workers were allowed to enter of which 18,000 were seasonal workers. Many of these worked in agriculture.

Among the countries that made the most requests and that entered Italy following the 2019 Decreto Flussi were India with 22,000 (49%), Morocco with 9,000 (21%) and Egypt (11%).

The Italian provinces that have received multiple applications are Naples 13,000 instances; Verona and Latina 2,000 instances; and Rome and Trento 1,500.00 instances.

This year’s workforce is significantly lacking because foreign labourers are blocked in their countries of origin or because they felt that coming to Italy would pose health risks due to the COVID-19 pandemic. In the data collected from the Report on Migration and Rural Areas published by the European Commission’s Joint Research Center, in Italy the percentage of foreign workers employed in this sector increased from 15 to 20% of migrants, especially seasonal workers who are entering Italy to work in the fruit and vegetables industry. For example, Verona (Veneto) this year are requesting a 1,200 man workforce. Agriculture Minister Teresa Bellanova is working on this emergency.

Applications are made via: https://nullaostalavoro.dlci.interno.it/Ministero/Index2.

We are regularly checking the Ministero dell’Interno (nulla osta) website but note that the quotas listed on this page remain to be those of 2019.

We do not believe that the quotas for seasonal workers will be released before June or July 2020. The delay is clearly due to the pandemic. Although it would seem that every year the quotas are released later and later. The Department of Agriculture wants these quotas to be released urgently because there is a lack of agricultural workers in the Italian countryside e.g. to pick fruits. A lot of fruits and crops have gone to waste, which has had a devastating effect on the Italian economy and will continue to get worse until there are people on the fields.

Ironically, the UK, which has now reached the same COVID-19 death rate as Italy, had a mass of Romanians enter the UK to pick fruit in mid-April despite the pandemic at the time being at its peak.

It would be prudent to already start preparing documentation as those clients who submit the documents quicker when the quotas are released will have a higher chance of success.

Suspension of citizenship and immigration applications

Posted by on Apr 17, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE | 0 comments

The suspension of ongoing administrative procedures, and the extension of deadlines or expiry dates, was formalised by decree dated 17th March 2020, n.70 (more commonly referred to as ‘Decreto Legge Cura Italia’) in response to the COVID-19 epidemic.

LINK TO DECRETO:

https://www.gazzettaufficiale.it/eli/id/2020/03/17/20G00034/sg

By administrative procedures we are referring to applications made to  “public authorities” in Italy. This article does not cover administrative proceedings (ie legal proceedings challenging decisions of the public authorities before the administrative courts at the TAR or Consiglio di Stato).

Article 103 paragraph 1 of the ‘D.L. Cura Italia’ states that any administrative procedures pending from 23rd February 2020 are suspended until 15th April 2020 (Sospensione dei termini nei procedimenti amministrativi). This means that any time falling in that period this period is not taken into account in relation to any deadlines.

Article 103 paragraph 2 of ‘D.L. Cura Italia’ states that all certificates, permits and concessions, expiring between 31st January 2020 and 15th April 2020 have an extended validity until 15th June 2020 (Atti amministrativi in scadenza).

We are expecting guidelines shortly to confirm whether the date of  April 15th 2020 is being extended further as the country is still in lockdown as at the time of posting this article.

The Ministero dell’Intero (Dipartimento per le Libertà Civili e l’Immigrazione) has issued Circolare n. 3351 dated 24th March 2020 (here on in referred to as ‘the Circular’), which clarifies precisely which immigration and citizenship procedures are affected by these provisions.

If you wish to read the Circular in Italian you can do so by clicking on the link below:

https://www.interno.gov.it/sites/default/files/allegati/circolare_sospensione_termini_procedimenti_amministrativi_prot.3511.pdf

The Circular makes the following clarifications:

Citizenship:

For citizenship matters (applications for Italian citizenship on the grounds of residence or marriage) there has been a suspension of administrative procedures for the dates between 23rd February 2020 and 15th April 2020. This will for example extend deadlines for the production of supplementary documentation or for the interviews at the Prefettura (convocazioni) of foreign nationals. It will also extend the time period of 4 years which the Ministero dell’Interno has to consider applications.

Further the Circular clarifies the position for a minor who was born in Italy and was continually resident in Italy until their 18th birthday. If the 18th birthday fell in the period from 23rd February to 15th April, there will be an extension to the 12 months deadline as to when they can submit their application to the Comune for the recognition of Italian citizenship.

Any certifications from Italy and from the country of origin, obtained for the purpose of an application for Italian citizenship, expiring between 31th January 2020 and 15th April 2020, have an extended validity until 15th June 2020 as per Article 103 paragraph 2. Please note that certificates which have been legalised with an “Apostille” fixed abroad are considered to expire 6 months from the date of the Apostille itself. 

The Circular also states that when the emergency provisions are over there will need to be new measures put in place to deal with matters affected by the suspension which need priority, suggesting that it will consider applications giving reasons for urgent consideration.

Immigration (Sportello Unico)

Residence permits for non-EU citizens “Permessi di soggiorno” expiring between 31st January 2020 and 15th April 2020 have an extended validity until 15th June 2020 giving the holders of these permits the possibility of applying for a renewal at any point up to that date.

The suspension of deadlines in administrative procedures also concerns the following forms of immigration status:

  • Issuing “no impediment” to seasonal work (nulla osta al lavoro stagionale)
  • Issuing work permits for special cases e.g. research, Blue Card or intra-corporate transfers (nulla osta al lavoro per casi particolari)
  • Conversion of residence permits from study to subordinate work and from seasonal work to non-seasonal subordinate work
  • Issuing no impediment to family reunification
  • EU residence permits for long-terms residents *
  • Statelessness certificates

*There has also been a suspension of deadlines with regards to sitting Italian language exams for those applicants applying for EU residence permits for long-term residents.

If you have any concerns about the validity of your current immigration status, a pending application or a future application that you wanted to submit please contact Aleksandra Broom. (a.broom@oliverpartners.it)

 

BREXIT IS REALITY…

Posted by on Jan 25, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

The European Union (Withdrawal Agreement) Act became law on 23rd January. The next step will be for the withdrawal agreement to be ratified by the European Parliament, scheduled for 23rd January.

The UK is then due to leave the EU on 31st January 2020 under the terms of the Withdrawal Agreement concluded between the UK and the EU on 19th October 2019, and from that date British nationals will no longer be able to enjoy the benefits of being EU citizens.

Although the Withdrawal Agreement provides that the transition period (due to end on 31st December 2020) may be extended for “up to 1 or 2 years” by agreement before 1 July 2020, the UK government has so far ruled out any extension in the legislation implementing the Withdrawal Agreement. 

What does this mean for lawyers at our firm representing British citizens living in the EU?  We now know that British citizens who have exercised their right to reside in Italy by the end of the transition period (meaning that a valid application for residence has been made before that date) will be guaranteed the protection of Articles 9-39 of the Withdrawal Agreement, in that their rights, including those of continuing to reside and work here, will be recognised. 

We do recommend that for further details as they develop, our clients follow the campaigns of British in Europe and British in Italy, and if possible donate funds to  these groups support the work that they are doing to keep us all informed, including challenging the Italian government and British Embassy to give clarity to our future status. Further information and analysis has also been prepared by Steve Peers, a very highly respected Professor of Law at the University of Essex, in his Citizens’ rights chapter of Withdrawal Agreement 

In the remainder of this post, we consider the implications for our private clients from the UK, during the transition period, in the fields of cross-border family law, inheritance and succession law and civil litigation. 

The Withdrawal Agreement provides (at Article 127) that EU law will apply to and in the UK during the transition period, unless otherwise provided in the Withdrawal Agreement, and any reference to EU Member States in EU law will be understood as including the UK. Accordingly, very little should change between now and 31st December 2020. The UK courts will continue to apply EU law and to interpret it in accordance with case law of the CJEU. 

For the next 11 months therefore, the following EU Regulations to which the UK is a party (and notably had a significant hand in drafting) will continue to apply at least at the moment where proceedings are commenced:

Family Law

Reg. 2201/2003 – Separation and divorce proceedings – determines the correct jurisdiction for the commencement of proceedings where spouses are of a different nationality or have different countries of residence.

Reg. 4/2009 – Maintenance claims – determines jurisidiction and enforcement where a debtor and creditor are resident in different member states.

Civil litigation

Reg. 1215/2012 – Recast Brussels Regulation on jurisdiction and enforcement of civil judgments

Reg. 1393/2007 – Service of Proceedings

Reg. 1206/2011 – Taking of Evidence

The Rome I and II Regulations on the law governing contractual and non-contractual obligations will apply to contracts concluded before the end of the transition period, and in respect of events which occurred during the transition period which give rise to damages.

European Enforcement Orders  will apply in the transition period (provided that the certification as a European Enforcement Order was applied for before the end of the transition period – Article 67).

Succession Law

As the UK opted-out of the EU Succession Regulation 650/2012, there will be no impact or change in the advice we give on cross-border inheritances.  UK private international law rules will continue to apply where a succession is “opened” in the UK and the law of scission will determine the applicable law to moveable assets and immoveable assets, and therefore will depend either on the domicile of the deceased or the place in which the assets are situated. All wills made prior to Brexit will continue to be valid as before.

UK Visa Applications

Posted by on Oct 28, 2019 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

If you are a national of a country outside the EEA, and not sure whether you need a visa to travel to the UK you can check the Home Office website, the rules do change from time to time and will depend on the purpose of your stay.

https://www.gov.uk/check-uk-visa/y

The way UK Visa applications are now being submitted, processed and considered  has changed this year. Prior to 28th January 2019, applications  from Italy were sent by post and appointments were made at the British Consulate in Rome.

From this year, all UK visa applications are now made exclusively online via the GOV.UK website: https://www.gov.uk/apply-to-come-to-the-uk.

In the country where the applicant is resident, the application will be processed by a TLS Contact Centre. In Italy, TLS Contact Centres have been set up in Rome and Milan where applicants will be required to  present their bundle of original documents for inspection by a UK Visas and Immigration (Home Office) caseworker and have their biometrics taken (fingerprints, photograph and signature).

After an applicant has registered, completed the application online, uploaded supporting evidence, paid the relevant visa fee in full, they will then be required to make an appointment at the TLS Contact Centre in Rome or Milan. Following submission of your application and making an appointment you will be given a GWF reference number, which will allow you to submit further queries and supplementary documentation or track the progress of your application.

Please contact Solicitor Aleksandra Broom if you need assistance in making any UK Visa application online e.g. visitor’s visa, student visa, study visa, work visa, family visa, returning resident visa etc. In addition to submitting applications on behalf of clients, we are able to accompany any applicants to their appointments at the TLS Contact Centre in Rome (Piazza dei Siculli 14, 00185).

We would any advise any applicants to start their UK visa application process at least 3 month before their planned arrival to the UK.

No-deal or new-deal – the effect on applications for Italian citizenship

Posted by on Aug 7, 2019 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

Further to our May article ‘No Deal’ Italian Law Effect on Italian Citizenship Applications, we remind our British citizen clients that if they intend to apply for Italian citizenship it is advisable that they  lodge their application before 31st October.

With new UK Prime Minister Boris Johnson saying in his first speech as Prime Minister that the UK ‘will come out of the EU on 31 October, no ifs or buts’ and ‘we will do a new deal, a better deal’, the currently predicted Brexit date of 31 October seems ever nearer.

According to Law no. 91 of 5 February 1992, a citizen of the European Union who has been residing in Italy for at least four years can apply for Italian citizenship. However, non-EU citizens need to have resided in Italy for ten years before being able to make the same application.

The Italian government in Law No. 22 of 25 March 2019, (converted into Law 41 of 20 May 2019) put forward measures in the event that the UK leaves the EU without a deal. This states that British citizens can apply for Italian citizenship as EU citizens up to the date the United Kingdom leaves the European Union if they present their request for citizenship by 31 December 2020.

In July 2019, the Italian government published an update to its “preparedness” planning document, entitled: “Prepararsi al recesso senza accordo del Regno Unito dall’Unione Europea – Informazioni sulle conseguenze e sui preparativi allo scenario di una Brexit senza accordo di recesso”,  available at the following link:

http://www.governo.it/sites/governo.it/files/BREXIT.pdf

Effect on Italian citizenship applications

In summary, Brexit has created two scenarios for Italian citizenship applications on the grounds of residence:

  • A British citizen who has been a registered resident at the anagrafe for four years and applies for Italian citizenship before 31 December 2020

This British citizen shall still be considered an EU citizen and therefore will only need to have satisfied four years of legal residence in Italy to qualify for citizenship.

  • A British citizen who has been registered resident at the anagrafe and applies for Italian citizenship after 31 December 2020

This British citizen will no longer be considered an EU citizen and will need to have satisfied ten years of legal residence in Italy to qualify for citizenship. The years spent in Italy prior to Brexit shall be considered. As of 1 January 2021, UK citizens will be subject to the same requirements as non-EU nationals, more commonly known as ‘extracomunitari’ in Italian.

Likely changes to the above:

The above is the current law at the point of writing this article but is most likely subject to change.

Under the new extension to the Article 50 exit process, Britain should leave the EU on or before 31 October 2019. With this in mind, and the uncertainty of whether the Italian government may change the initial deadline of 31 December 2020 to the earlier deadline of 31 October 2019 (or even earlier, which may be a possibility with the recent change of Prime Minister in the UK promising to execute the UK’s exit by this date with a deal) we would advise all clients to apply for Italian citizenship where they have met the requirements, as a matter of urgency.

The current deadline of 31 December 2020 is only applicable if the UK leaves the UK with ‘no deal’ and is not set in stone. With the baton being passed from Theresa May to Boris Johnson, who is charging on his white horse towards the European Parliament in Brussels adamant that he shall be able to leave with a ‘new deal’ there is always the chance that he may just be successful. These may turn out to be empty promises at the beginning of Johnson’s premiership but in the event that he is successful in executing a deal, we would not wish for our British citizen clients eligible for Italian citizenship to suffer as they had not submitted their applications earlier.

If you are interested in applying for Italian citizenship and would like further information please contact Solicitor Aleksandra Broom.

Captain Carola Rackete and the migrant crisis

Posted by on Jul 29, 2019 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

Carola Rackete, a sea captain who works for the German sea rescue organisation ‘Sea Watch’ was arrested on 29th June for docking a migrant ship without authorisation from officials at the port of Lampedusa, and for ramming into and allegedly attempting to sink an Italian Guardia di Finanza patrol boat.

On 12th June, Rackete had taken on board 53 migrants from the Libyan coast.  She rejected the offer to dock at Tripoli as it is deemed unsafe by humanitarian organisations and as such she headed towards Lampedusa in Italy. According to various NGOs and Süddeutsche Zeitung (South German Newspaper), Lampedusa is considered to be the safest port as per maritime law.

On 14th June, Italy officially closed its ports to migrant rescue ships such as Sea Watch 3, following amendments to Legge 113/2018 (Decreto Sicurezza-Bis – Italy’s National Security Law), brought into force by Legge n. 53/2019, until such time as other EU member states had agreed to accept the migrants, who included pregnant women, those who were ill and children. On 28th June Finland, France, Germany, Luxembourg and Portugal offered to take the migrants.  Legge n.53/2019 provided for fines of charities to the tune of tens of thousands of euros for bringing migrants to Italy. On the basis of the amended and enforced Decreto Sicurezza-Bis, rescue ships were threatened with fines of up to €50,000 (£44,800) and impounding of the vessel. 

On 29th June Rackete decided to dock Sea Watch 3 in Lampedusa, without prior authority, stating that she did so as she was worried for the safety of her passengers. She was immediately arrested by Italian authorities after docking and the migrants were not allowed to disembark until the other countries offering to provide safe haven provided the Italian government with  ‘numbers, timelines and means’.

Rackete was also accused of attempting to sink an Italian Guardia di Finanza patrol boat that was attempting to intercept her, in breach of  Article 1100 of the Codice della Navigazione – Resistence or violence against a warship, which states:

‘The commander or officer of the ship, who commits acts of resistance or violence against a national warship, is punished with imprisonment from three to ten years. The penalty for those competing in the crime is reduced from one third to half’.

As the amended Decreto Sicurezza-Bis had already received government approval a month previously, Rackete not only faced three to ten years imprisonment but also a potential fine of €50,000 (£44,800) plus the impounding of Sea Watch 3. In her defence she stated:

For days we had been taking turns, even at night, out of fear that someone might throw themselves overboard. And for them, who can’t swim, it means suicide. I feared the worst. There were acts of self-harm(Corriere della Sera) 

The arrest of Carola Rackete was just one example of recent harsh measures to prevent illegal migration and the current political climate of “tough border controls”.  The arrest caused a political divide. Italian Politician Riccardo Magi defended Rackete saying that she made a decision based on the dire condition of her passengers, yet Italian Prime Minister Giuseppe Conte did not even address the matter at the G20 2019 Osaka summit. Germany understandably protested the arrest of their citizen who in Germany is viewed as a humanitarian heroine. Various appeal organisations in Germany and France have raised over 1 million Euros for Rackete’s and Sea Watch’s legal defence. Around the world, the event highlighted the ongoing European migrant crisis and Italy’s strong resistance to take on any more migrants.

On 2nd July Rackete was released from house arrest following a ruling by judge Alessandra Vella at the Court of Agrigento, who held that Rackete had broken no laws and that she had acted humanely to ensure the safety of her passengers who had been at sea for over 2 weeks, and that no act of violence had occurred. Rackete was cleared of any wrongdoing but may yet face possible charges for aiding and abetting illegal immigration.

The response of the Ministero dell’Interno, Matteo Salvini, to Rackete’s release and acquittal was nothing but anger. He threated to strip Judge Alessandra Vella of her title, stating it was a political decision and that: “Italy cannot be the landing spot for anyone deciding to unload human beings.”

In reeality the numbers of migrants reaching Italy has diminished greatly in 2019. Migrants arrivals by sea between January and May numbered 2,160, compared with 15,617 over the same period last year (statistics taken from The Times).

On 12th July it was reported in the press that the European Parliament wants to invite Rackete to Brussels to discuss the migrant problem in Europe further.

As of June 2019, ironically, Sea Watch 3 was the only humanitarian ship cruising off Libya. Do you think Rackete is a humanitarian heroine or a violator of law, whose actions could have made her responsible for illegal immigration, deaths at sea, profits generated by human trafficking and should consequently have been severely punished?