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Abstract
The paper provides a qualitative exploration of the impact of family migration policies on Latin American migrants in Italy. As the data collected reveals, the right to family life is differently accessed and regulated along lines of nationality/ethnicity, gender and class, reflected in more or less rigidly constrained formal and informal reunification pathways, which differently affect gender, intergenerational and care relationships in the family. While Italy, compared to other European countries, still regulates the matter in a relatively generous way, the increasing restrictions, matched with widespread informality in labour and housing markets, make access to this fundamental human right highly uneven and stratified.
Disclosure Statement
No potential conflict of interest was reported by the author.
Notes
[1] The absolute number of migrants entitled to family-related stay permits rose from 92,073 in 1992 (14.2% of the whole stay permits issued) to 1,608,322 in 2010 (47.3%).
[2] For reasons of dependent but also autonomous work (Turco-Napolitano Law), asylum, study, religious reasons as well as family reasons (decree n°15/2007).
[3] Even those under legal guardianship or foster care, adopted children and those of the spouse or of a previous relationship, if the other parent has given written consent.
[4] The decree re-established the requirements of the Bossi-Fini Law (30/07/2002, n. 189) which had been temporarily mitigated by Legislative decree n°15/2007, making reference to more broadly defined ‘health conditions’.
[5] Legislative decree n°15/2007 broadly stated that parents should be dependent and that they should not have any other adequate family support in their country of origin.
[6] Law n°943/1986 generically talked about ‘normal living conditions’. The first reference to clearly established parameters appeared in 1995 (Decree Law n°489/1995).
[7] An income-tested benefit geared towards over 65-years old who are neither eligible to an earnings-related pension nor to a contribution-based one (Ferrera Citation2005). Being inflation adjusted it is increased every year, and for 2015 it consists in 5830.76 euros yearly.
[8] The yearly amount of the Social Allowance should be increased by a half for every relative reunited, while in the case of two (or more) children under the age of 14 the amount should be doubled.
[9] Refugees are exempted from housing and income requirements while those entitled to subsidiary protection are asked for twice the Social Allowance amount, independently from the number of relatives they wish to bring.
[10] Law n°94/2009 removed the reference to the minimum housing standards applied regionally to social housing without, however, defining other parameters. While a subsequent Circular of the Ministry of Interiors mentioned a 1975 Ministry of Health Decree, Municipalities still enjoy a great degree of discretion leading to wide disparities over the national territory and to abusive decisions, some of which have been legally challenged.
[11] The first law to allow access to the labour market was the Dini Decree that, however, stipulated a 1-year waiting period.
[12] After 5 years of uninterrupted residency, if income and language proficiency requirements are met.
[13] While the law states that reunited relatives should be accorded a status of the same time length as that of the sponsor, refusals were justified by the conditions attached to permanent residency which presume five uninterrupted years of legal stay in Italy as well as passing an A2-level Italian language test. At the time, this research was carried out, Milan Immigration Offices released a long-term residency card only to minor children (those under the age of 14 were also exempted from the Italian language test), while spouses were asked to wait for 5 years to apply for it.
[14] Ufficio VII—Asilo e Immigrazione, Prot. n. 17272/7, 28th March 2008.
[15] The Corte di Cassazione has repeatedly expressed the principle that parents have an obligation towards their adult children which, as it happens for Italian families, does not end when they come of age but lasts until they are economically independent and properly integrated within the social context (Sez. I, 03/04/2002, n. 4765; Sez I, 30/08/1999, n. 9109; Sez. I, 08/09/1998, n. 8868; Sez. I, 07/05/1998, n. 4616).
[16] Migrants can ask for long-term residency on behalf of their children: maintenance and housing requirements are the same as those applied to family reunification.
[17] The EU citizen’s family includes the spouse (even in same-sex marriages), descendants under 21 and dependent ascendants of the EU citizen and of his/her spouse. European States should also facilitate the entry of other dependent (or cohabiting, in their country of origin) relatives that for health reasons need the support of the EU citizen.
[18] European citizens are asked to provide proof of income, but the amount set by the Social Allowance cannot be used as grounds for exclusion.
[19] Before Law n°94/2009 was approved, under the fourth degree of kinship.
[20] Under art. 19 of the Unified Text of Law (proof of cohabitation is required).
[21] Under art. 30 of the Unified Text of Law.
[22] From 2009 (Law n°94) foreign spouses legally residing in Italy should wait 2 years (3 years if residing abroad) before applying for naturalisation: while this waiting period is halved if the couple has children, it has been considerably increased (previously, only 6 months of legal residence were required). Attempts were also made to prohibit marriage to undocumented citizens: however, the requirement of a stay permit was judged unconstitutional (Corte Costituzionale n. 245, 20/07/ 2011) and the prohibition was removed.
[23] Disciplined by Legislative Decree n°30/2007 through which Italy implemented the European Directive 2004/38/CE.
[24] The rate of female-headed household is especially high among Latin Americans: 15.4% compared to an average value of 8.8% among foreign-headed households (Comune di Milano Citation2011).
[25] Among Latin Americans, more than one woman out of three (34.6%) is married to an Italian man, compared to one foreign woman out of five (Comune di Milano Citation2011).
[26] Job segregation is stronger for migrant women than for migrant men: nearly 90% work in five professions—domestic worker, cleaning worker, waitress, nurse assistant, clerk (Istat Citation2008); 40% of them work in the domestic sector (Fondazione Leone Moressa Citation2011).
[27] The average gross salary of the foreign workforce is 987 euros (compared with 1286 euros of Italian workers): immigrant women earn on average 788 euros, compared with the 1131 euros earned by Italian women. Salaries in the domestic and care sector are especially low (717 euros monthly) (Fondazione Leone Moressa Citation2011).
[28] Informality is especially widespread in the domestic sector, where half of all the undocumented foreign workers are estimated to work (Istat Citation2010), but also in other sectors (such as hotels and restaurants) where immigrant women are concentrated.
[29] Once having obtained their first residence permit immigrants can register at the Municipality Offices: this registration should be repeated every time the stay permit is renewed.
[30] The naturalisation process in Italy requires, in fact, at least 10 years of uninterrupted residence, which has to be proven through the Municipality Proof of Registration.