Decreto Flussi 2020

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

The following article is written in both an Italian and English language version.  Decreto flussi 2020, pubblicato in Gazzetta ufficiale (G.U. Serie generale, n.252, del 12 ottobre 2020) Dalle ore 9 del 13 ottore 2020, è disponibile l’applicativo per la precompilazione dei moduli di domanda per i premessi di soggiorno in Italia. C’è quindi la possibilità di fare entrare in maniera regolare per attività lavorativa tutti gli stranieri che abbiano a che fare con l’attività dell’autotrasporto merci, dell’edilizia e...

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Reduction of decision time for Italian citizenship applications

Posted by on Nov 6, 2020 in LEGAL UPDATES | 0 comments

Following the Decreto Legge dated 21st October 2020 n.130. the period for the Ministero dell’Interno to make a decision on citizenship applications has been reduced from 4 years to 3 years from the point of submission of the application. This new law amends Decreto Legge dated 4th October 2018 n.113 that extended the decision time from 2 years to 4 years. Please be advised that this is not retrospective for applications already...

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Mental capacity from an international law perspective

Posted by on Oct 25, 2020 in LEGAL UPDATES | 0 comments

British citizens owning property overseas may have difficulty dealing with those assets should they lose legal capacity due to illness or old age, as a Lasting Power of Attorney made in the UK will not necessarily be recognised in another legal jurisdiction.    A recent article published in the Law Society’s Private Client Section, “The New Frontier”, includes case studies considering cross-border mental capacity laws across four European jurisdictions, and a contribution on the Italian perspective by Charlotte Oliver. Link...

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Update: travelling to Italy from overseas in Covid-19 pandemic

Posted by on Sep 28, 2020 in LEGAL UPDATES | 0 comments

The latest update to the current travelling restrictions imposes blocks on those arriving in Italy from certain countries. These new rules are in place from 22nd September to 7th October 2020. Link to updated rules on Ministry of Health website: http://www.salute.gov.it/portale/nuovocoronavirus/dettaglioContenutiNuovoCoronavirus.jsp?id=5411&area=nuovoCoronavirus&menu=vuoto Non EU countries Travellers from some specific countries are now allowed to enter Italy for tourism, although they are obliged to quarantine for 14...

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Tribunale di Roma, guidelines September 2020

Posted by on Sep 24, 2020 in LEGAL UPDATES | 0 comments

The Civil Court of Rome at Via Giulio Cesare is tentatively resuming normal service, but much of its previous routine work has been moved to virtual hearings or applications for copies of courts orders being made by PEC certified email. Where possible visits by the public are now avoided. The Court recently published news on how each section is operating, see link below. This is much welcomed, even before the pandemic a move to an appointments based system to avoid queues starting at 6.30am, or use of email rather than the...

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Right to maintenance for adult “children”

Posted by on Aug 30, 2020 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

Historic ruling no. 17183/2020 of the Italian Supreme Court: adult children must find mandatory work after completion of their studies. A recent ruling of the Italian Supreme Court no. 17183/2020 has radically changed the concept of the right to maintenance, especially for children of separated parents. Facts: The judgment was issued in relation to an appeal of a decision made by the Court of Appeal in Florence on 29th March 2018, made by a mother on the revocation of maintenance paid by her ex-husband in favour of her son (33 years old in...

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Courts to open in August in Le Marche

Posted by on Jul 21, 2020 in LEGAL UPDATES | 0 comments

Usually the Italian courts are “suspended” for the traditional Italian holiday month, from 1st to 31st August, and this period does not count in calculating any time limits for service or filing of court pleadings or defences and no hearings are listed. The Court of Ancona in Le Marche has announced this week that it will instead list more than 300 cases for hearings in both criminal and civil proceedings, on application by the parties, in an attempt to clear the backlog of work mounting up due to lockdown period adjournments. ...

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“Sanatoria 2020” – Amnesty for undeclared foreign workers (D.L. n. 34 Maggio 2020)

Posted by on Jul 19, 2020 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES | 0 comments

The following article has been posted in Italian with an English translation below: ARTICOLO 103 DEL DECRETO – LEGGE 19 MAGGIO 2020, N.34 – EMERSIONE RAPPORTO DI LAVORO 2020 E’ stata prorogata fino al 15 Agosto 2020 la SANATORIA 2020. La legge ha previsto la possibilità di far emergere i rapporti di lavoro irregolare in essere con cittadini stranieri, nonché di rilasciare permessi di soggiorno temporanei ai cittadini stranieri che ne erano già in possesso, scaduti dal 31 ottobre 2019 non rinnovati né convertiti in...

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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);...

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Executing a will in times of social distancing

Posted by on Jun 25, 2020 in LEGAL UPDATES, SUCCESSION LAW UPDATES | 0 comments

The EU Succession Regulation 650/2012 (Article 27 (1)) provides that an English form will is valid even if made in Italy, in relation to Italian assets or any property situated in a member state which is a party to the Regulation. According to the EU Regulation, any will or codicil to a will (described as a “disposition of property on death”) is valid, as long as it is made in accordance with the national law of the testator, or the testator’s place of domicile or residence, either at the time of the will or the time of...

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“Virtual” execution of documents during lockdown

Posted by on Jun 24, 2020 in LEGAL UPDATES | 0 comments

UK qualified Solicitors are frequently being asked during this emergency period to advise on the virtual execution of documents, as well as to witness signatures or certify identity by video conference. Charlotte Oliver and Aleksandra Broom, the Solicitors of this firm, are both available and equipped to use “virtual” or electronic means to carry out the following procedures at a distance: certification of copy documents; certification of identity for UK banking procedures/conveyancing; witnessing signature on Statutory...

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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’...

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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)...

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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...

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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...

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Suspension continues of courts and administrative procedures

Posted by on May 3, 2020 in LEGAL UPDATES | 0 comments

By way of update to our previous articles, we confirm that the suspension of Italian court deadlines and all administrative procedures, has been extended by a further month, to further contain the spread of the  COVID-19 epidemic  (Link to legislation  Decreto Legge n. 23 of 8th April 2020.) The suspension was previously ordered up to 15th April 2020. The period of suspension of deadlines in all court proceedings, whether civil, criminal, administrative, tax, or military, now continues up to the date of  11th May 2020....

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Parental rights in a time of national emergency

Posted by on Apr 30, 2020 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

The enforced distance between separated parents and their children has obviously been problematic for many families in this emergency situation. The Court of Bari ruled on 26th March 2020 that visting rights of a father with his child, who is resident in another Comune in Puglia, should be suspended. The court observed that the national lockdown measures which had been imposed by the government on movement around Italy in Article 1(b) of D.P.C.M. 22nd March 2020, should be applied rigorously and universally, even if this meant sacrifices...

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Guidance on Wills for British citizens abroad

Posted by on Apr 19, 2020 in SUCCESSION LAW UPDATES | 0 comments

Drawing up a Last Will and Testament where there is an international factor is particularly challenging.  This post aims to provide straightforward guidance on wills for British citizens who find themselves outside the United Kingdom at this unprecedented time of the global health pandemic. We are aware that people are unexpectedly facing the question of “worst case scenario” and want to ensure their property and families are protected in case of unexpected death or incapacity.  This guidance on wills may be useful for employees...

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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...

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Private Foundations and the growth of the “terzo settore”

Posted by on Mar 31, 2020 in LEGAL UPDATES | 0 comments

The name “terzo settore” refers to the sector of institutions and legal entities in Italian society which are not connected to either corporate enterprises or to the state. This so-called “third sector” is made up of organisations such as private foundations that are non-profit making (“senza scopo di lucro“) and is gradually replacing the diminishing contribution that the state makes to the welfare of its citizens and the preservation of cultural and historic heritage. In Italy since the 1948 Constitution...

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