23/10/2017

Immigration Law

Non-EU citizens

 

Entry for business/tourism

 

A non-EU citizen must have an entry visa in their passport. However, some foreign citizens  entering Italy - such  as Japanese or Americans - do not have to obtain  a visa for tourism or business provided  that  they  do not stay  more  than  90 days.  In other  cases entry  visas  are issued by Italian embassies and consulates in the country  of origin or last  residence. This kind of visa does not allow the person to work permanently in Italy.

Entry for study

 

A visa for study  purposes can be requested at the Italian embassy in the foreigner’s country of residence. Its validity is equal  to the  length  of the  student’s course; however, it cannot exceed one year. Study visas also allow the person to have a part-time job.

Entry for family reunification purposes

 

This type  of visa is granted when the  applicant  is a foreigner already  residing  in Italy and holds a residence card or permit  of stay that is valid for not less  than one year and is issued for employment purposes (including self-employment) or for religious reasons.
The  visa  will be  granted only to the  applicant’s immediate relatives, such  as  a  spouse or children. This type of visa allows the holder to work.

Entry for work

 

To work in Italy, a foreign national must hold a work visa. The number of foreign citizens who can be hired in Italy is based on annual entry quotas established each year by legislative decree.

 

However, the  secondment of  employees is  generally   excluded from  the  fixed  quotas established by the  Italian government, given  that  in this  case  companies  engage highly qualified workers.

 

The main requirement for secondment is a relationship between the home company and the entity in Italy. Nevertheless, a work visa is still required for a seconded employee. The company to  which  the  worker  will be  seconded must  present an  application  to  the  local Immigration  Office (Prefettura Sportello  Unico per l’Immigrazione).  The Immigration Office checks the working conditions and the documentation required and then issues the work authorization, including a Nulla Osta. The working conditions cannot be less favorable than those established by the relevant CCNL.

 

Once  the  Nulla Osta  is obtained, the  foreign  worker  has  to obtain  a visa  from  the  Italian diplomatic  mission in his country  of residence.

 

A foreign  national  who  legally enters Italy for more  than  90 days  has  to apply for a permit  of stay  within  eight  working  days  of arrival in Italy. Within  the  same  period  the  worker  and the  Italian employer have  to sign a ‘stay contract’ summarizing the  main employment conditions.

The paperwork for a permit of stay application must be submitted by post.
The permit of stay will indicate  the same reasons for stay as those stated in the entry visa. 

EU Citizens

Entry  requirements, immigration   procedures and  working  activity  are  regulated  by  the Schengen Agreements, which  made it possible to build a common area  of free  movement between the  signatory states and  eliminate border  controls. EU citizens holding a regular passport can travel in Italy and are exempt from entry-visa requirements.

Residence

Under European law EU citizens are free to reside in Italy if they  stay  less  than  90 days.  In this case they do not need to register at the  town  hall. If the individual remains in Italy for more  than three months registration is necessary.

Employment

EU citizens are free to work in Italy and no special work permit  is required.
An exception is made for the citizens of Romania and Bulgaria, who cannot work in specific industries (e.g. trade) without a work permit issued by the Italian prefecture.

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