Italy — immigration
Italy’s Fast track visas
Work permit issuance is expedited if the company has signed a MoU with the Ministry of Interior
Which workers can benefit of this procedure?
The fast-track process is available for the following categories of applications (the Italian company must sign a Protocol Agreement for each category in order to be able to file applications under the fast track process):
· Managers or highly qualified personnel seconded to Italy (intra company assignment). Allows foreign employees in an executive/senior managerial/specialized knowledge role to be temporarily assigned to a subsidiary/branch/affiliate (Art. 27 c.1 lett. a) Legislative Decree 286/98).
· EU Blue Card — Highly skilled workers. For highly qualified workers to be placed under a local job contract as employees of the Italian company (Art. 27 quarter Legislative Decree 286/98).
· Managers/specialists/trainees seconded to Italy in the framework of an intra-corporate transfer pursuant to Art. 27 quinquies and Art. 27 sexies of Italian Immigration law (directive 2014/66/EU)
Execute the MOU with the Ministry
1) The company must be in activity since at least one year, in good standing and will need to submit yearly financials and tax returns;
2) The Ministry will check the company’s financial situation and — even though it is not specifically indicated in the law — criteria like annual turn-over, registered capital, number of employees will be taken into consideration
3) If approved, the Ministry will send a draft MOU that the company must execute and return to the Ministry;
4) After the Ministry signs the MOU, it will inform the Immigration Office of the city where the company is registered;
5) The company shall be given special credentials to access the application online system
Obtain fast-track work permits
With this procedure, the company can obtain work permits simply communicate through an online form the terms of the proposed contract of stay to the immigration office having jurisdiction over the worker place of work. No supporting documents must be submitted at this stage. Once the application is approved by the Immigration office, the Consulate having jurisdiction over the assignee’s place of residence abroad is given clearance to issue the work visa.
Visa application
After receiving confirmation that the work permit is approved, the worker can apply for the work visa at the Italian Consulate. The work visa must be applied for within 4 months from the date of issuance of the permit.
Arrival in Italy
Within 8 days of arrival in Italy, the worker must complete the in-country registration procedures by visiting the Immigration office and:
- Submit the immigration application supporting documents (including but not limited to support letter and documentary evidence to prove companies’ affiliation; worker’s educational/professional qualification — all legalized/translated; evidence of adequate accommodation etc.
- Sign the Contract of Stay (and integration agreement for permits of 1 year or longer)
- File a Permit of Stay application.
Advantages
- Approval is not subject to a foregoing Italian Labor Board check, but only to police examination
- Significant reduction of processing time
- The work permit application is replaced by a communication of the terms contained in the proposed contract of stay
- Less steps with respect to the standard process (a work permit is not issued)
- Supporting documents are to be submitted only after the work visa has been issued
Red flags
- Be ready with all documents: Before the prospective worker enters Italy with the visa, the company must make sure all documents are ready and in good order or else he/she will not be able to complete the registration procedures within the 8 days term nor to start work at the sponsor company
- Time is of the essence: The documentation to be provided upon worker’s arrival in Italy is quite burdensome and may take a long time to be prepared. This may negate the overall benefits of the system
- Beware of Consulates: Some consulates may not have implemented the procedure fully and raise issues during the visa application step
- Possible penalties: If the worker enters Italy without the required documents although holding a visa he will be subject to non-compliancy penalties.
Disclaimer: The information provided on this article (i) does not, and is not intended to, constitute legal advice; (ii) are for general informational purposes only and may not constitute the most up-to-date legal or other information (iii) this website may contain links to other third-party websites. Such links are only for the convenience of the reader; (iv) readers should contact their attorney to obtain advice with respect to any particular legal matter.
