Given the above, Italian work permits are granted:
The number of foreign citizens that are admitted in Italy for work purposes is defined every year by the Entry Quotas established by the Government through the Flow Decree (Decreto Flussi). The number of Quotas defined by the Government is given by the need of the labor market; for this reason the Flow Decree can be issued twice a year if it turns out that more employees are needed in the workforce, or, on the other hand once every two years. The applications can be lodged only in the specific time of the year defined by the Decree and only till the quota is reached. It is worth noting that the applications are processed on a “first-come first-serve” basis and those applications that don’t fit in the number are rejected without any possibility of appeal.
A 1) Autonomous workers are those whose intentions are to enter Italy to practice a profession independently or to set up a commercial or industrial enterprise. The number of foreign citizens who can be admitted in Italy for self-employment activities is defined every year by the entry quotas established by the Government through the Flow Decree (Decreto Flussi). The work permit application has to be lodged at the competent Central Immigration Desk (Sportello Unico per l’Immigrazione) only in the specific time of the year defined by the Decree and only till the quota is reached. Those applications that don’t fit in the number are rejected without any possibility of appeal. A variety of documents have to be enclosed in the request, to mention but a few: all the authorizations issued by the Italian Authoritiesenvolved in the process e.g. Chamber of Commerce, Police Headquarters, Registry of Business,appropriate Professional Association as well as the ones proving the legal requirements pursuant the activity. The service, upon request, may not only be limited to the assistance in obtaining the work permit, visa and the equivalent permit of stay, but can also include the legal constitution of the company with the procurement of all the necessary documents.
A 2) Subordinate workers are those who commit themselves to providing their work activities to the employer and the employer commits himself to pay the employee a salary. The work permit can be granted within or outside the Quota System. In the first case, the number of foreign citizens who are allowed to come and work in the Italian territory for subordinate employment, either with a fixed-term contract than an open-term contract or seasonal employment, is defined every year by the “entry quotas” established by the Government with the Flow Decree. The applications can be lodged only in the specific time of the year defined by the Decree and only till the quota is reached. Those applications that don’t fit in the number are rejected without any possibility of appeal. The process for obtaining a work permit requires the following steps: the employer, or owner or the legal representative of the company must file a nominative application at the Central Immigration Desk (Sportello Unico per l’Immigrazione) includinga variety of personal and corporate documents
Within 8 working days from the date of entry in Italy upon the visa, the employee, supported by a range of documents, will have to visit the Central Immigration Office to sign the job contract. The Central Immigration Office, in the same occasion, will provide the applicant with the application form for the Permit of Stay to be personally applied for at the local Post Office among with a wide set of documents and then collected at the Police Headquarters.
Here below are outlined the categories of foreign workers who are, by Italian Law, exempt from the need of a quota:
a) Highly qualified workers/managers
b) Language University lecturers
c) University professors who will hold an academic post in Italy
d) translators and interpreters
e) Foreign home helpers who have had a full-time home helping engagement abroad for at least 1 year with Italian or EU citizens transferring to Italy
f) foreigners authorized to reside in Italy for professional training purposes
g) foreigner workers who are employees of organizations or businesses that operate in the Italian territory and are assigned to Italy to finalize a specific project or job.
h) Foreign seamen
i) foreign workers assigned to an Italian Company to carry out specific services in the Italian territory on the basis of a services agreement.
l) Foreign nationals who work for circuses or traveling shows
m) Foreign cast and crew members for opera or drama shows, music concerts, ballet shows
n) Foreign Dancers, artists and musicians working in entertainment facilities
o) artist who will be employed by musical, theatrical and film businesses in radio and television businesses and by cultural and folkloristic demonstrations
p) Foreign nationals engaged in any type of professional sport activity with Italian sport clubs
q) Foreign press correspondents officially credited to Italy
r) Foreign nationals engaged in research or occasional jobs, under the provisions of international treaties in force in which Italy is a partner
i) Foreign nationals under youth exchange programs
ii) Foreign professional nurses hired by public and private hospitals and clinics
The quota concession, for example, applies to foreign personnel employed by a foreign company and assigned to work in Italy for a parent company for a determined period of time, and, in the majority of the cases remaining on the payroll of the Home Company for the entire duration of their stay. The most frequent types of assignment procedures provided by Italian Law are:
• highly qualified workers, this procedure allows Italian or foreign companies or entities that operate in Italy to transfer highly specialized personnel in Italy for a fixed period of time to carry out specific activities or tasks. The foreign company will have to guarantee the worker with the same minimum salary that would be applied to an Italian worker in the same position and will have to take care of the payments of the welfare contributions foreseen by the Italian System.
• infra-company transfer allows managers or highly specialized personnel in possess of at least six months experience with the home company to be transferred from the foreign Mother Company to the Italian affiliate Company. At the end of the assignment, which maximum length can be up to a period of 5 years, the worker can be hired by the Italian affiliate company.
• supply contract according to this procedure, workers employed by a foreigner company, can be temporarily transferred to work for an Italian company to carry out specific services in the Italian territory on the basis of a services agreement. The Foreign and Italian companies don’t belong to the same Group, they only share a business relationship.
The most common scenario of the assignment procedure to obtain a work permit, the relevant entry visa and the equivalent permit of stay, is as follows: the legal representative of the Italian Company must submit a nominative application including a variety of personal and corporate documents to the competent Central Immigration Desk (Sportello Unico dell’Immigrazione), responsible for the procedure related to the issue of the work permit (nulla osta). The application will then be examinated from the Offices involved in the process i.g. Employment Centre, the Labour Office, the Police headquarters and if the application responds to all the requirements the Central Immigration Desk issues the Nulla Osta to the legal representative of the Company or to it’s delegate as - by Law - the foreign worker whilst processing the application isn’t meant to be on the Italian soil. The worker, supported by a wide range of documents, will then be able to apply for the relevant entry visa at the Diplomatic Italian Authority in country of residence.
Within 8 working days from the date of entry in Italy upon the visa, the employee, supported by a wide range of documents, will have to visit the Central Immigration Office to sign the job contract. The Central Immigration Office, in the same occasion, will provide the applicant with the application form for the Permit of Stay to be personally applied for at the local Post Office and then collected at the Police Headquarters after a few months.
In order to avoid to jeopardize the hole process the worker within 120 days starting from the date of issue of the work permit must apply, by Law, for the relevant visa at the Italian Consulate or Diplomatic Representative in country of residence, enter Italy, sign the job contract and apply for the equivalent permit of stay.
As previously mentioned the Italian work permit process is complex, requirements and procedures may change on a frequent basis, please consult with an MP Immigration Advisor for current and detailed information as well as to discuss your immigration goals and needs by presenting to you options that are available along with a time-line to achieve your goals.
Copyright © 2013 - All Rights Reserved - MP Immigration P.I 07497690961