Citizenship here is how it works in Europe
we become citizens in France, Germany, United Kingdom and Spain. The synthesis and the laws of reference
While discussing the reform of the citizenship law, may be useful to look at what happens in the rest of Europe.
Below find a summary of the rules to become citizens in France, Germany, United Kingdom and Spain, comes from a dossier of the Library Service of the Chamber of Deputies. If you are interested in the full texts of the laws of reference, click here.
FRANCE
Citizenship (National) is governed by the French Civil Code, Articles 17 to 33-2, and the Convention of the Council of Europe on 6 May 1963 on the reduction of cases of multiple nationality, which are signatories to Austria, Belgium , Denmark, France, Germany, Italy, Luxembourg, Norway, Holland and Sweden.
In France, citizenship may be acquired in three different ways.
The first includes the acquisition by parentage (jus sanguinis) than by birth (jus soli).
The second mode of acquisition is the marriage with a citizen or a French national.
The third is produced following a decision by the French authorities (naturalization).
Parentage or birth
Regarding the award for parentage and French's son, legitimate or natural, of a couple in which at least one parent is French (art. 18 CC).
Similarly, the French subsidiary is also less subject to full adoption by a Frenchman. Citizenship is not it instead to the child who is the subject of an adoption easier. He may, however, until the age of majority, to claim French nationality by declaration, but resident in France at the time of the latter. The residence requirement is suspended if the parents do not reside in France.
The nationality may also be requested by a child abandoned in France and raised by a French national or entrusted to social care services for children, provided they have received an education guided by values and national culture for at least five years.
Regarding the acquisition by birth, and French's son, legitimate or natural, born in France, where at least one parent was born there, whatever his nationality (article 19-3 cc).
The mere emergence on the national territory is irrelevant to the allocation of citizenship to children unless the children of stateless parents or strangers or do not transmit their nationality.
Furthermore, by virtue of the amending law of the CC on 16 March 1998 has removed the regime of the will, every child born in France of foreign parents automatically acquire French citizenship at the age of majority if, at that time, has his residence in France or there has been habitually resident for a period, continuous or discontinuous, at least 5 years from the age of 11 years onwards. Public authorities and educational institutions are obliged to inform the persons concerned on the legislation on the matter (art. 21-7 cc).
The automatic acquisition can be anticipated in 16 years by the same applicant, signed a declaration before the competent authority, or may be claimed for him by his parents aged 13 years and with his consent, in which case the residence requirement usual 5-year period from the age of 8 years.
Marriage
French citizenship and open, with declaration to be signed before the competent authority, to any foreign national or stateless person who contracted marriage with a citizen or a French national, after a period of 4 years of marriage (raising the limit, from 2 to 4 years, was introduced by Law 2006-911 of 24 July 2006 relating to immigration, in order to counter the phenomenon of marriages for purposes of naturalization), provided that the date of declaration, the communion of life did not cease between spouses, the spouse who has retained his French nationality and the alien demonstrates an effective and uninterrupted residence in France for three consecutive years (art. 21-2 cc). The foreign spouse must also demonstrate sufficient knowledge of French.
The statement is posted after verification of eligibility at the Ministry responsible for naturalization.
The Government may, however, oppose the acquisition of nationality by the foreign spouse for unworthiness or lack of assimilation, within two years from notice of award. In case of opposition the government considering the acquisition of citizenship as never occurred, however, the validity of documents exchanged between the declaration and the Order of objection can not be challenged on the basis of non-attribution of nationality (art. 21-4 cc) .
Naturalization
Naturalization for public authority's decision can only be granted to aliens who shows his habitual residence in France in the 5 years preceding his application unless he has done and completed two years of study in a French institution of higher education or has not made many important services to the State, in which case the criterion of residence is reduced to 2 years. Furthermore, to be naturalized must be resident in France at the time of signing the decree.
With residence means a permanent residence, ie having a stable and permanent and that coincides with the center of material interests and family ties of the applicant.
May be naturalized, regardless of the basis of residence, foreigners are embedded in the French army, and who has rendered outstanding services to the State or an alien whose naturalization present for France of exceptional interest, in which case we ask the opinion of the Board of Status report on the reasons of the Minister responsible. Naturalization may also be granted to those who have refugee status granted him by the French to protect refugees and stateless persons (OFPRA). In all cases, the age of the person.
Citizenship by naturalization can not be granted to those who have been sentenced to imprisonment of not less than 6 months without parole, or has been the subject of a deportation order or a ban from the territory, or who is in an irregular situation or has been convicted for acts of terrorism.
Finally, both the acquisition by declaration (marriage) than by decree (naturalization) require, in different forms, sufficient knowledge of French by the person concerned. This condition is not required for refugees or stateless persons residing in the territory for at least 15 years of age and have over 60 years.
The recent immigration law of 24 July 2006, included in the Civil Code (Articles 21-28 and 21-29) provisions that establish the welcoming ceremony in the French town, which is organized by the State representative in each department, every six months, which of course are invited to persons who have acquired French nationality as of right in the six months prior to the ceremony and the deputies and senators elected in the department.
Collective effect of the acquisition
On condition that his name is mentioned in the decree of naturalization or declaration of acquisition, the youngest son, legitimate or natural, or the child being adopted full, full right to become French if one parent has acquired French nationality provided he has the same habitual residence of the parent in question. In case of separation or divorce of parents, the child acquires French citizenship if his habitual residence or alternatively with the parent who becomes French (art. 22-1 cc).
Dual citizenship
Possession of one or more other nationalities did not, in principle, no influence on French nationality.
The law requires that an alien does not become a French surrenders his nationality of origin or who became a French foreign renounce French nationality, except that among the States Parties to the Convention of the Council of Europe on 6 May 1963 on the Reduction of multiple nationality. This convention provides for the automatic loss of previous nationality.
France does not establish any distinction between those who have dual citizenship (whether French or foreign now become French foreign) and all other French respect the rights and duties associated with citizenship. However, a Frenchman who have dual citizenship can not rely on his French nationality before the authorities of the State of which he is a citizen, if he resides in its territory.
Loss of citizenship
The loss of French nationality occurs generally voluntary act and is derived from a declaration or a decision of public authority.
Cases of renunciation of citizenship is provided by the French Civil Code, under certain conditions, in respect of children born abroad to one parent born in France or French by a single parent born in France.
Any adult habitually resident abroad, who have acquired foreign citizenship voluntarily, may, under certain conditions, lose French nationality by declaration signed before the appropriate authority.
In case of marriage with a foreigner, the French spouse can renounce French nationality by declaration, provided that it has acquired the citizenship of the spouse and that the habitual residence of the couple has been set abroad.
In any case, the French under the age of 35 years can not declare the loss of citizenship if they are not complying with the obligations of military service.
People who are not in the conditions provided by law for loss of nationality by declaration, may be authorized by decree if he has acquired citizenship of a foreign country.
The Civil Code also provides for the revocation of citizenship if convicted for crimes of particular gravity, such as terrorism or crimes against fundamental interests of the nation. The measure was adopted by decree of decline after consulting the State Council, but not cause cases of statelessness.
It is also possible reintegration into nationality for persons who have either lost through marriage with a foreigner or acquisition of foreign citizenship, if they so request. The condition for obtaining a new nationality is to have kept ties with France, to cultural, professional, economic and family.
Showing posts with label I'm in Italy for tourism. Can I work?. Show all posts
Showing posts with label I'm in Italy for tourism. Can I work?. Show all posts
Sunday, November 8, 2009
Sunday, November 1, 2009
Paid employment is not seasonal
Paid employment is not seasonal
The employer may be Italian, European or foreign (of course legally residing).
The procedure has 4 steps
1) The employer must:
first submit an appropriate registered request for authorization to work (you must use the appropriate form prepared by the Ministry of Labor in connection with the adoption of each order flows).
The request must be submitted, using the official forms, through the post offices at Single Desk for Immigration for the area where the work will take place, or the headquarters or where the employer has its registered office the company has the registered request.
The request for work authorization must include:
a) the full generality of the owner or legal representative of the company, its name and place (if it is working at home the full generality of the employer client);
b) the complete generality of the foreign worker;
c) an undertaking to ensure the foreign worker the salary and insurance required by applicable laws and national collective bargaining agreements working class or those otherwise applicable in the case of domestic work, the monthly salary should not be less than the minimum required for the social allowance;
d) self-certification of insurance status and tax which would prove, according to the type of company, employability and income of the employer;
e) an undertaking by the employer to provide suitable housing, and the commitment to pay the costs of returning the worker in the country of origin;
f) an undertaking to notify any change in the employment relationship.
The request must be submitted:
a) a copy of the identity of the employer (even if extra copy of the permit);
b) a copy of the passport of the non-EU citizen residing abroad
The Single Desk for Immigration must issue the authorization to work, the cd. Does not object within 40 days of receipt of the application.
After checking the working conditions offered to foreigners by the employer, the existence of deportation or criminal conviction of the employee. and behind eventual submission of the required documents to the employer the Single Desk for Immigration issuing the work permit under the quota imposed by the decree flows. In electronically transmit to the Embassy or Consulate cleared to work.
2) the single point convene the employer
After the clearance to work on a single window summons by registered letter the employer to pick up the clearance and signing of the contract of employment. The employer must go on the day of the appointment with
- A revenue stamp 14.62
- Letter of Convocation of the Single Desk
- Copy of the employer
- Certificate of accommodation if required by the Single Desk
Appointment the employer withdraws the clearance and signing the original contract of employment in three copies. That contract remains at the desks of Unico since it will be signed by the foreign worker at the time of his entry into Italy.
3) Request an entry visa for workThe employer must send the clearance to work in the original (you should still keep a copy) to non-EU citizen, the documents necessary to request an entry visa for work. The foreigner, by appointment with the Italian consulate or diplomatic mission, has requested a visa for admission for employment alleging cleared for work issued one door and a copy of a valid passport.
Warning! Permission to employment must be used no later than six months from the date of issue. The Italian diplomatic representation shall issue an entry visa within 30 days of application.
4) Input in ItalyThe foreign worker must go to the relevant single point within eight working days of entry into Italy, to sign a residence contract for work carrying the documentation concerning the suitability of the accommodation (if required) and a passport bearing a visa . The worker is released two original copies of the residence contract for work (one must be given to the employer).
The Guichet Unique given to the employee filled out the forms already and envelope to request a residence permit by mail, under the new procedure for granting / renewal of residence permits. The worker must then go to a post office approved it and send the envelope with the forms filled out, attach copies of your passport with visa, a copy of the clearance work, copy of employment contract and the document of the employer, the stamp from 14.62 and the certificate of payment of 27.50 euros for the stay electronic.
The operator shall deliver to the Post Office insured postal worker the Community of special security codes to replace, for all purposes of law, the old "pay slip" that released the police. This ensured lawful by the worker to immediately start work until they have physically allowed to stay.
Warning! The employer must still make all the communications of law for the recruitment of workers to: Employment CenterINPSInailThere is no longer required to notify the successful recruitment of a foreign worker to the authority of Public Safety.
(updated May 2007)
The employer may be Italian, European or foreign (of course legally residing).
The procedure has 4 steps
1) The employer must:
first submit an appropriate registered request for authorization to work (you must use the appropriate form prepared by the Ministry of Labor in connection with the adoption of each order flows).
The request must be submitted, using the official forms, through the post offices at Single Desk for Immigration for the area where the work will take place, or the headquarters or where the employer has its registered office the company has the registered request.
The request for work authorization must include:
a) the full generality of the owner or legal representative of the company, its name and place (if it is working at home the full generality of the employer client);
b) the complete generality of the foreign worker;
c) an undertaking to ensure the foreign worker the salary and insurance required by applicable laws and national collective bargaining agreements working class or those otherwise applicable in the case of domestic work, the monthly salary should not be less than the minimum required for the social allowance;
d) self-certification of insurance status and tax which would prove, according to the type of company, employability and income of the employer;
e) an undertaking by the employer to provide suitable housing, and the commitment to pay the costs of returning the worker in the country of origin;
f) an undertaking to notify any change in the employment relationship.
The request must be submitted:
a) a copy of the identity of the employer (even if extra copy of the permit);
b) a copy of the passport of the non-EU citizen residing abroad
The Single Desk for Immigration must issue the authorization to work, the cd. Does not object within 40 days of receipt of the application.
After checking the working conditions offered to foreigners by the employer, the existence of deportation or criminal conviction of the employee. and behind eventual submission of the required documents to the employer the Single Desk for Immigration issuing the work permit under the quota imposed by the decree flows. In electronically transmit to the Embassy or Consulate cleared to work.
2) the single point convene the employer
After the clearance to work on a single window summons by registered letter the employer to pick up the clearance and signing of the contract of employment. The employer must go on the day of the appointment with
- A revenue stamp 14.62
- Letter of Convocation of the Single Desk
- Copy of the employer
- Certificate of accommodation if required by the Single Desk
Appointment the employer withdraws the clearance and signing the original contract of employment in three copies. That contract remains at the desks of Unico since it will be signed by the foreign worker at the time of his entry into Italy.
3) Request an entry visa for workThe employer must send the clearance to work in the original (you should still keep a copy) to non-EU citizen, the documents necessary to request an entry visa for work. The foreigner, by appointment with the Italian consulate or diplomatic mission, has requested a visa for admission for employment alleging cleared for work issued one door and a copy of a valid passport.
Warning! Permission to employment must be used no later than six months from the date of issue. The Italian diplomatic representation shall issue an entry visa within 30 days of application.
4) Input in ItalyThe foreign worker must go to the relevant single point within eight working days of entry into Italy, to sign a residence contract for work carrying the documentation concerning the suitability of the accommodation (if required) and a passport bearing a visa . The worker is released two original copies of the residence contract for work (one must be given to the employer).
The Guichet Unique given to the employee filled out the forms already and envelope to request a residence permit by mail, under the new procedure for granting / renewal of residence permits. The worker must then go to a post office approved it and send the envelope with the forms filled out, attach copies of your passport with visa, a copy of the clearance work, copy of employment contract and the document of the employer, the stamp from 14.62 and the certificate of payment of 27.50 euros for the stay electronic.
The operator shall deliver to the Post Office insured postal worker the Community of special security codes to replace, for all purposes of law, the old "pay slip" that released the police. This ensured lawful by the worker to immediately start work until they have physically allowed to stay.
Warning! The employer must still make all the communications of law for the recruitment of workers to: Employment CenterINPSInailThere is no longer required to notify the successful recruitment of a foreign worker to the authority of Public Safety.
(updated May 2007)
Thursday, October 29, 2009
I'm in Italy for tourism. Can I work?
I'm in Italy for tourism. Can I work?
Hello, I came to Italy with a tourist visa. I found an employer willing to hire me as a laborer. I stay and work in Italy.
Non-EU nationals who come to Italy as tourists and declare their presence in the country are allowed to stay legally on its territory for the duration of the visa by or for a period not exceeding three months.Law No 68 of 2007 abolished the short-term residence permits (up to 90 days), therefore, the tourist extraue should no longer require a residence permit for tourism but must declare his presence on national territory, as follows: - If from a country extraue at the time of his entry into Italy travel to the border crossing points to be affixed on the passport stamp Uniform Schengen;- If from a Schengen country (France, Spain, Germany, etc..) Within 8 days after its entry into the national territory, must present the commissioner of the province is located in order to fill in the form of which will be released copy.During her stay in Italy the tourist extraue can not perform any work because the law requires their prohibition is not foreseen the possibility of converting the residence for reasons of tourism at work purposes.Not all permits issued to nationals extraue allow you to work, among the types specified, that enable in employment, but excluding short-term residence permits (eg, visits, business, tourism, sports competitions).Caution: The law provides for criminal penalties (imprisonment from 6 months to 3 years and fined 5,000 euros for each worker employed) paid by the employer who employs a worker to employ extraue without a residence permit or in possession of a permit residence that does not allow to work (it is the case of the declaration of presence that has replaced the residence permit for tourism). On expiry of the period authorized the foreign national will have to make regular return to its country of origin could not stay beyond the duration of the visa or for a period exceeding 90 days. The declaration of presence, formality required for all nationals who are entering extraue Italy for a short period (even for those exempted from the visa) permits a legal stay of up to 3 months, the foreign national who stays in Italy over this period is likely to be expelled, unless it proves that the retention at home and depended on serious health grounds.The employer, therefore, will not become a tourist extraue, but if it were determined to be rectified, will have to await the enactment of Decree flows and its publication in the Official Gazette and once it is possible to apply, please send, via the computerized the Ministry of the Interior, the registered request for a work permit to employment for citizens extraue.
Hello, I came to Italy with a tourist visa. I found an employer willing to hire me as a laborer. I stay and work in Italy.
Non-EU nationals who come to Italy as tourists and declare their presence in the country are allowed to stay legally on its territory for the duration of the visa by or for a period not exceeding three months.Law No 68 of 2007 abolished the short-term residence permits (up to 90 days), therefore, the tourist extraue should no longer require a residence permit for tourism but must declare his presence on national territory, as follows: - If from a country extraue at the time of his entry into Italy travel to the border crossing points to be affixed on the passport stamp Uniform Schengen;- If from a Schengen country (France, Spain, Germany, etc..) Within 8 days after its entry into the national territory, must present the commissioner of the province is located in order to fill in the form of which will be released copy.During her stay in Italy the tourist extraue can not perform any work because the law requires their prohibition is not foreseen the possibility of converting the residence for reasons of tourism at work purposes.Not all permits issued to nationals extraue allow you to work, among the types specified, that enable in employment, but excluding short-term residence permits (eg, visits, business, tourism, sports competitions).Caution: The law provides for criminal penalties (imprisonment from 6 months to 3 years and fined 5,000 euros for each worker employed) paid by the employer who employs a worker to employ extraue without a residence permit or in possession of a permit residence that does not allow to work (it is the case of the declaration of presence that has replaced the residence permit for tourism). On expiry of the period authorized the foreign national will have to make regular return to its country of origin could not stay beyond the duration of the visa or for a period exceeding 90 days. The declaration of presence, formality required for all nationals who are entering extraue Italy for a short period (even for those exempted from the visa) permits a legal stay of up to 3 months, the foreign national who stays in Italy over this period is likely to be expelled, unless it proves that the retention at home and depended on serious health grounds.The employer, therefore, will not become a tourist extraue, but if it were determined to be rectified, will have to await the enactment of Decree flows and its publication in the Official Gazette and once it is possible to apply, please send, via the computerized the Ministry of the Interior, the registered request for a work permit to employment for citizens extraue.
Subscribe to:
Posts (Atom)
