Italy — immigration
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Italy: work permit, visa, contract of stay, permit of stay, residence permit: what is the difference?
Many people are confused by the different steps and documents which are issued during the immigration procedures for moving to Italy.
The standard steps and documents for those who move to Italy are the following:
1) Work permit — Nulla Osta
This is the clearance issued by the Sportello Unico, which authorizes the foreigner to work in Italy and obtain a work visa. Most nulla osta are issued by the Immigration Office (Sportello Unico dell’Immigrazione), for example for intra-company permits and Blue Card permits, but in some cases (for example, self-employment visas) they are issued by the Labor Office, Chamber of Commerce or by the Ministry of Labor.
The Nulla osta is valid for 4 months — this validity refers only to the period of time which the visa must be requested and not how long a person can stay in italy.
2) Visa — Visto
For most type of visas, the applicant must obtain first a “nulla osta” issued by the competent offices in Italy. After obtaining the nulla osta, a visa application shall be submitted at the Italian Consulate of the place where the applicant is domiciled (the applicant cannot choose a different Consulate).
The Consulate will stamp the visa on the passport and this allows the individual to enter Italy and start the process for registering with the Police. Until the expiry of the visa, the individual can travel within Schengen — while the permit of stay application i spending — also after 90 days from his first entry.
Upon expiry, the visa does not need to be renewed: the visa is replaced by the permit of stay and the individual will need to apply for its extension.
3) Contract of stay — Contratto di Soggiorno
For workers who enter on intra-company assignment or with a Blue Card Permit, the first formality to be accomplished is the execution of the Contract of Stay at the Immigration Office (Prefettura).
The document must be executed by the worker and by a representative of the company and it confirms the terms and conditions of the assignment (for ICT permits) or of the job contract (for Blue Card) are the same as indicated in the work permit application.
4) Permit of Stay — Permesso di soggiorno
It is a document issued by the Police (Questura) that allows the foreigner to live in Italy and indicates the purpose of the stay (work, study, family, elective residence, etc.).
It must be applied for within 8 days from entry into the country, after the individual has executed the Contract of Stay (for ICT and Blue card workers only).
In most cases, application is filed at the Post Office (ufficio postale) that will issue a receipt with a password and User ID that can be used to check online the status of the application.
𝗨𝗻𝘁𝗶𝗹 𝘁𝗵𝗲 𝗽𝗲𝗿𝗺𝗶𝘁 𝗶𝘀 𝗶𝘀𝘀𝘂𝗲𝗱, 𝘁𝗵𝗶𝘀 𝗿𝗲𝗰𝗲𝗶𝗽𝘁 𝗶𝘀 𝘁𝗵𝗲 𝗱𝗼𝗰𝘂𝗺𝗲𝗻𝘁 𝘁𝗵𝗲 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝗻𝘁 𝗺𝘂𝘀𝘁 𝗸𝗲𝗲𝗽 𝗶𝗻 𝗼𝗿𝗱𝗲𝗿 𝘁𝗼 𝗽𝗿𝗼𝘃𝗲 𝘁𝗵𝗮𝘁 𝗵𝗲/𝘀𝗵𝗲 𝗶𝘀 𝗹𝗲𝗴𝗮𝗹𝗹𝘆 𝘀𝘁𝗮𝘆𝗶𝗻𝗴 𝗶𝗻 𝗜𝘁𝗮𝗹𝘆
The application is deliveredby the Post to the Police which will summon the applicant for fingerprinting. After few months, the Police will inform the applicant that the permit is ready and can be collected.
All appointments must be done in person by the applicant who cannot delegate a third party.
The extension of the permit of stay must be applied for 60 days before the expiry date but there is a 60 day grace period and applications shall be accepted also after the expiry.
5) Residency — Residenza
Anyone who plans on living permanently in Italy must register with the local Town Hall (Comune, Ufficio Anagrafe). Registration is in any event advisable as it can be beneficial for formalities in Italy such as obtaining a national health card, having goods imported duty free, purchasing a car and opening a bank account.
Residency is based on:
(i) physical presence in Italy, which must be regular and continuous, as opposed to sporadic and occasional. If an individual spends time both in Italy and in another country, the periods of presence outside of Italy are calculated and compared with the periods of presence in Italy to see which one is prevalent.
(ii) an individual’s intention to stay and live in Italy for the foreseeable future. In order to determine an individual’s intention to live in Italy on a regular basis, reference is made to a number of things, including but not limited to an individual’s conduct, social and personal habits, working relationships, family relationships, business and personal activities.
Useful references
- Where to apply for a visa — https://www.mazzeschi.it/schengen-visas-can-i-apply-in-a-country-where-i-am-not-a-resident/
- What is “residenza”? — https://www.mazzeschi.it/residenza-what-is-exactly-under-italian-law/
- Frequently Asked Questions — https://www.mazzeschi.it/%e3%80%80live-and-work-in-italy-20-faqs/
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.
