Foreign citizens waiting for the renewal of their residence permit have the right to receive "various kinds of economic benefits to support income" provided by INPS (National Institute for Social Security), such as the “Naspi” and “Dis-Coll” unemployment benefits or support for creche expenses.
This is the content of message n.1589 of April 22, 2024, published by INPS after hearing State Attorney Office. The message quotes article 9 bis of Legislative Decree. 286/1998 ( Unified Text for Immigration), which reads: ”While awaiting the issue or renewal of the residence permit, even if the sixty-day deadline has expired, the foreign worker can legitimately stay in the territory of the State and temporarily carry out their work activity, unless the Public Security Authority finds reasons to refuse the issue or renewal of the residence permit and notifies them to the worker and their employer...”. Then it quotes the Ministry of Interior Directive N. PROT.11050 / M (8) of August 5, 2006, concerning the rights of foreigners awaiting the renewal of the residence permit, according to which: “ ... the aforementioned immigration rules postulate that the regular stay of the foreign citizen continues, allowing those who have requested the renewal of the residence permit and await the completion of the procedure, to remain on the national territory with full rights, since the documentation certifying the successful request of renewal is sufficient …”. That same directive specifies that "Should the twenty-day deadline for the conclusion of the renewal of the residence permit procedure expire, the full legitimacy of the stay and the rights connected to it are not affected, provided that: [...] – a receipt attesting that the renewal has been requested is issued. The granted rights, pending the renewal of the residence permit, cease only in the event of non-renewal, revocation or cancellation of the permit itself”. INPS therefore concludes that "local structures, when the legal requirements for granting the requested service are met, must arrange payment of the relative measure. The payment must be made with “riserva di ripetizione” [meaning that in case the renewal is refused, the money will have to be returned].
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