ASGI, the Association for Juridical Studies on Immigration, prepared a document to help foreign residents navigate the system and return to Italy after the coronavirus lockdown. Francesco Mason is one of a group of lawyers that worked on this paper. Whats written in law is one thing, he explains, but how things are working in practice is another and it could have dramatic consequences for foreign residents in Italy.

"Human rights are, unfortunately, often one of the first victims ofevery crisis," states a document written by ASGI.The paper aims toclarify how foreign residents in Italy canrenew their residency or return to living and working in the countryafter a possible absence due to the COVID-19 pandemic.

Francesco Mason, lawyer and co-author of the paper, explained to InfoMigrants thatthe current crisis risks emphasizing existing inequalities even more.He says theeffects of the lockdown on migrationwill last for months if not years and the practical difficulties of operating without official documents will furthermore hinder integration. "The situation is pretty dramatic," he says.

"Youwould need a whole day studying to quantify all the effects anddifficulties and situations that have been created by the lockdownfor foreign residents in Italy," says Mason in answer to InfoMigrants' question,"How havemigrants and foreign residents in Italy been affected by the lockdownimposed in Italy by the COVID-19 pandemic?".

"Thesimple answer would be that residency permits which expired duringthis period have been extended until August 31 by law."

In theory,all thosewho have a job and a home in Italy and a legal right to be there havea right to return, whether or not their visa has expired in theinterim. However, in practice, things are a little more complicated.

'Immigrationoffices were the only public offices to close during crisis'

For one thing, the onlypublic offices which were closed duringthe lockdown were those dealing with immigration. "That says a lot inmy opinion," Mason says. While this meant thatlegally, everyone was fine, people may have struggled toget their work contract renewed or open a bank account, which they need toshow valid residency. Many people now don't have the necessarydocuments.

Gettingin and out of Italy without a valid permit is very difficult. That's why the ADGIwrote a practical guide which was updated in June. The latest directive (DPCM) issued by the Italiangovernment was July 14. This directive essentially prolongedeverything that was written on June 11, which Mason and hiscolleagues included in their guide.Returningto Italy from abroad

Currently, anyone returning from or wanting to travel to countriesoutside the EU/Schengen area is banned from doing so unless itis for work, an emergency or for health reasons.

However,people who are returning to their own home in Italy are allowed todo so, provided there are flights.

Many countries, however, still have restrictions in place and air travel is limited.

Although Senegal has opened up gradually from July 15, Mali remains in a state ofemergency and has suspended all flights; Cape Verde has alsosuspended flights; Gambia had its frontiers closed and a state ofemergency until July 14; Guinea Bissau has a state of emergency inforce until July 25, commercial flights have not started up yet,although its borders are formerly opened.

Observingquarantine

The restrictions mean that lotsof people who were normally resident in Italy have ended up being blockedin another country unable to return to Italy to their jobs, theirhomes, and most importantly to renew any residency permits which mayhave expired.

Eventhough expired documents were extended by law until August 31,foreign residents could face problems if they end up being unable toreturn to Italy within six months or a period determined by their residence permitthat in many cases is six months. After this period, thepermit can be revoked andyoucan no longer renew your residency from abroad and you may not beable to return without a re-entry visa.Anyone returning from abroad is expected to observe a 14-day quarantine before contact with wider society.

If you do not havea placewhere you can quarantine, you need to ask for a place from the Civil Protection(Protezione Civile) organization and you would have to foot the bill.

During lockdown, it was also forbidden to take public transport to your home, whichmeant that you needed to also own a car to transport you from theairport or port.

Practicaldifficulties

Theproblem, Mason tells InfoMigrants, is that border police or airline companiesin other countries may not be aware of what is written in Italian law. What thecitizen might have read, what ASGI has written about, and whatthegovernment has sanctioned -- all this might not be known to foreign authoritieswhen they see a document which has expired.

Under law, airlines areresponsible for flying you back to your country of origin if, at theairport, you are refused entry. So that might make it difficult forsome returning citizens to get back to Italy with an expireddocument.

Atthe moment, says Mason, if you are traveling through severalcountries to reach Italy, it is best if you get a document from theItalian embassy, or consulate in your country, attesting to the factthat you are traveling back to Italy to renew your residency permitand that Italy is where you are normally resident. This documentshould remove any possible barrier to your return.

Are-entry visa will be necessary for those whose residency expires after August 1, 2020. ASGI recommends that as well as talking to theItalian embassy, migrants in Italy should go to the InternationalOrganization for Migration (IOM) or the High Commission for RefugeesUNHCR if you need help with any issues that arise with your migrationstatus in this period.

Systemblocked and overloaded

Thenext problem arises when you try and get anappointment to renew your expired document. "People now are havingto wait at least six months for an appointment," says Mason. "Thereis so much demand that the electronic system is completely blocked in some districts."Added problems are that each region in Italy has a different way ofissuing residency permits and for issuing receipts while someonewaits for their documents to be processed.

"Halfof them are not legal documents," says Mason. "It might be ascrap of paper with a name and a date written on it; if you are luckythere might be a photo, but not often." Try using your scrap ofpaper to then open a bank account or prove to another official thatyou have applied for your residency permit and you are waiting forthe next appointment, he recommends.

Whathappens to those who are stuck abroad for even longer?

If you have a 2 years permit andyouremain outside Italy for longer than half the period your document isvalid, your residency will be automatically invalidated.

Onewould normally consider the blocks put on air travel to constitute avalid reason as to why someone hasnt been able to return to Italy. However, the ASGI document counsels foreign residents of Italy abroadto make copies of all the reasons why they are unable to return toItaly (local blocks on flights, Italian bans on flights etc. as wellas tickets booked which couldnt be used.)

ASGI suggests you sendthese copieseither via a personal registered email (a PEC in Italy which islike sending a letter registered post and provides you with a receipton sending) or via a migrant association or via registered post tothe Questura (police headquarter) in your province of residence, communicatingto them that it is impossible to return to Italy at this time.As soonas the blocks are lifted, ASGI recommends that foreign residentsshould return to Italy immediately so as to avoid having their residence permits revoked permanently.

If you dont manage to return to Italy before August 31, for whatever reason, you could find it very difficult to renew it. At that point,you would haveto apply for a re-entry visa. And even if flights are blocked, police may ask you to prove that you tried every means, ports, over land etc which prevented you from making it back to Italy in time.

You canfind information on migration and the latest directives on the ASGIwebsite https://www.asgi.it/chi-siamo/english-version/

Alsothe following sites might be helpful: Meltingpot:https://www.meltingpot.org/Welcome-to-Italy-a-practical-handbook-for-migrants.html

Unionslike CGIL (Italys largest) have an immigration service:http://www.cgil.it/cat/immigrazione/

IOMItaly: https://www.iom.int/countries/italy

UNHCRItaly: https://www.unhcr.it/

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'It's a dramatic situation': Migrants in Italy face backlogs for renewing their residency - InfoMigrants