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Tighter rules in Italy for non-EU guest workers and asylum-seeking people

On 2 October 2024, the Italian government adopted a decree, following months of consultation, aimed at strictly regulating the entry of foreign workers, providing assistance to victims of exploitation, and managing migration and international protection. Since the formation of Giorgia Meloni’s government in 2022, its goal has been to regulate and tighten the number of foreign workers entering the country legally for seasonal work, improve their working conditions, and control their stay in Italy.

The Italian government intends to prevent companies that exist only on paper from applying for third-country workers. Therefore, in the future, the government will assess the specific workforce needs sector by sector and province by province. This will ensure a precise understanding of which types of labor are needed and in what quantities. The trend toward stricter regulation is also evident from the new rule: once the seasonal work permit expires, the guest worker has 60 days to find a new job only if the previous employer does not offer another contract. If the latter occurs, the worker may continue working in Italy. However, if the worker fails to secure a new job within the given time frame, he/she will automatically become an illegal immigrant and could be expelled at any time. Notably, people who have previously worked in Italy but have remained without a residence permit or job are not exempt from the new regulations. To enhance transparency, the decree mandates the fingerprinting of foreigners applying for Italian work visas at consulates. The tightening of immigration rules also includes the identification of migrants, requiring cooperation with the Italian authorities. Asylum seekers must present images from their phones to authorities to help identify undocumented migrants, and courts can order them to comply if they refuse to do so.

In conclusion, while immigration rules are becoming stricter, the aim is to build a transparent, digital, and consistent system that ensures dignity and controlled working conditions for all. The decree also reinforces the previous practice whereby asylum seekers who arrive in Italy without identity documents or the required financial means may be detained and placed in camps.

Interestingly, France is also pushing for stricter immigration policies. Although no legislation has yet been adopted, the French interior minister has stated that the government plans to extend the maximum period of administrative detention for illegal migrants to 210 days and make the deportation of expelled foreigners to their countries of origin subject to consular authorization.