The decree of the President of the Council of Ministers of December 21, 2021 on the programming of flows in 2021, with which the quotas of foreign workers who can enter Italy to work have been set, was registered by the Court of Auditors on December 27, 2021 and will be published in the Official Gazette on January 17, 2022.
The Decree sets a maximum entry quota of 69,700 units, 42,000 of which are reserved for entry for seasonal work.
In order to prevent forms of illicit intermediation, the experimentation was repeated this year, reserving - within the total quota of 42,000 units - 14,000 quotas, for the agricultural sector only, to workers for whom applications for the nulla-osta are submitted, in the name and on behalf of employers, by the professional organisations of employers indicated in the Decree (Cia, Coldiretti, Confagricoltura, Copagri, Alleanza delle cooperative (Lega cooperative and Confcooperative).
Finally, the quotas established for entry for reasons of non-seasonal and self-employment are 27,000 and, of these, 20,000 are reserved for entry for non-seasonal employment in the road transport, construction and tourism-hotel sectors for citizens of countries that have signed or are about to sign cooperation agreements on migration with Italy.
1.THE APPLICATION
The submission by an employer, whether Italian or a foreigner legally residing in Italy, of a request for a nulla osta to hire a non-EU worker is the moment when the entire procedure begins.
Starting from 9:00 a.m. on January 12, 2022, the application for pre-filling the application forms will be available at https://nullaostalavoro.dlci.interno.it, which will be transmitted exclusively by the usual telematic means.
Applications may be sent:
from 9:00 a.m. on January 27, 2022 for the hiring of non-seasonal workers, for self-employed workers and for conversions. These applications also include those for non-seasonal workers in the road transport, construction and tourism sectors for citizens of countries that have signed cooperation agreements on migration with Italy. On the other hand, for nationals of countries whose cooperation agreement on migration is not yet in force, applications may only be submitted from the 15th day following the publication of the cooperation agreement in the Official Gazette.
from 9 a.m. on February 1, 2022 for the recruitment of seasonal workers.
As in the past year, a necessary prerequisite for the compilation and telematic submission of applications is the possession of a SPID identity, as illustrated by Circular of the Ministry of the Interior No. 3738 of December 4, 2018 using possibly, the same email address used for the SPID identity, as a username.
All applications may be submitted until March 17, 2022 and will be processed on the basis of the respective chronological order of submission.
2.THE DECREE QUOTAS
According to the new decree, 69,700 foreign workers are admitted to Italy for seasonal and non-seasonal subordinate employment and self-employment. The overall quota is distributed as follows
2.1 ENTRIES FOR NON-SEASONAL SUBORDINATE WORK AND FOR SELF-EMPLOYMENT
27,700 QUOTES are reserved for recruitment in the road transport, construction and tourism-hotel sectors for citizens of countries that have signed or are about to sign cooperation agreements on migration.
In particular, of the above-mentioned 27,700 entries, 17,000 are reserved for workers who are citizens of Albania, Algeria, Bangladesh, Bosnia-Herzegovina, Korea (Republic of Korea), Ivory Coast, Egypt, El Salvador, Ethiopia, Philippines, Gambia, Ghana, Japan, Guatemala, India, Kosovo, Mali, Morocco, Mauritius, Moldova, Montenegro, Niger, Nigeria, Pakistan, Republic of North Macedonia, Senegal, Serbia, Sri Lanka, Sudan, Tunisia and Ukraine.
2.2 ENTRIES FOR SEASONAL WORK
The Decree provides for 42,000 quotas reserved for entry for seasonal work.
The quotas for seasonal work are reserved for the following nationalities: Albania, Algeria, Bangladesh, Bosnia-Herzegovina, Korea (Republic of Korea), Ivory Coast, Egypt, El Salvador, Ethiopia, Philippines, Gambia, Ghana, Japan, Guatemala, India, Kosovo, Mali, Morocco, Mauritius, Moldova, Montenegro, Niger, Nigeria, Pakistan, Republic of North Macedonia, Senegal, Serbia, Sri Lanka, Sudan, Tunisia, Ukraine.
Unlike last year, Guatemalan citizens can also enter for seasonal work.
For further information see the Interministerial Circular prot. n. 116 of January 5, 2022.
Prof. Avv. Paolo Iafrate
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