The most important aspect of relocating to another country is to make sure that you are compliant from an immigration point of view and that you have the correct visa and any other required permits.
Immigration Compliance
Being compliant regarding immigration is important for several reasons, including:
Legal Compliance: Failing to comply with immigration laws can lead to legal consequences such as fines, penalties, and even criminal charges. Compliance ensures that a company or individual is following the rules and regulations established by the government and reduces the risk of legal action.
Reputation: Non-compliance can harm a company’s reputation and credibility, making it less attractive to potential clients, partners, and investors. On the other hand, a company that takes compliance seriously and follows the law can build a positive reputation and brand image.
Employment Eligibility: Immigration compliance ensures that a company is hiring legally authorized workers who are eligible to work in the country. This reduces the risk of hiring undocumented workers, which can result in legal and financial consequences.
Italian Immigration Procedure for Work or Business Purposes
Italian immigration procedures for work or business purposes vary depending on the length of the foreign citizen’s intent to stay in Italy.
Short Term Stay
If the foreign worker needs to enter the country for a short period of time (less than 90 days), the following procedure must be followed:
1. Business Visa Request
The visa is the document that allows foreigners to enter the country. This document is released by the Diplomatic Italian Authority (Italian Consulate) in the citizen’s country of residence (local area). Usually, the visa is released in approximately 15 days from the application date. This timing may vary depending on the competent diplomatic authority with which the request has been filed.
2. Business Permit of Stay Request
Within eight days of entering Italy, all foreign citizens must apply for a Permit of Stay, which allows them to legally reside in Italy. The length and the reason justifying the permit of stay are usually the same as those on the visa (i.e., a 90-day business permit of stay will be released for a business visa of Type C).
3. Characteristics
This kind of permit of stay allows the foreigner to travel around the Schengen territory for economic and commercial purposes for a period of no longer than 90 days. The foreigner will be able to arrange contacts or agreements, attend seminars, and verify the proper operation of products sold or purchased under commercial agreements or industrial cooperation under this type of procedure.
Long-Term Stay
If the foreigner needs, on the other hand, to work indefinitely in Italy and therefore remains in Italy for more than the 90-day period provided for by the Business Permit of Stay, Italian Immigration Law mainly distinguishes between three kinds of foreign workers: subordinated workers, autonomous workers, and assigned workers.
1. Subordinate Workers (“lavoratori dipendenti”)
Subordinate workers (i.e., employees) are those whose services are hired by a company or an employer operating in Italy. The issuance of a visa for “lavoro subordinato” is subject to the specific quotas released annually by the government for the intake of foreign workers. The Italian company will need to obtain a work permit (issued by the Labor Office) in order to be authorized to hire the applicant. The exception to this is highly-skilled workers.
2. Autonomous Workers (“lavoratori autonomi”)
Autonomous workers are those who come to Italy to work as consultants, practice a profession, or start a business.
Under Italian Immigration Law, the Italian authorities must ascertain that:
- The foreign citizen is adequately qualified to practice his activity in Italy and has adequate resources.
- The authority in Italy regulating that activity has no objection to a work authorization being granted to the foreign citizen.
As stated above for “lavoro subordinato”, any granting of a visa for “lavoro autonomo” is also subject to the specific quotas fixed annually by the government on the intake of foreign workers.
3. Assigned Workers (“lavoratori distaccati”)
The “assignment procedure” can be followed when a worker is assigned to work in an Italian company for a fixed period of time while remaining on the payroll of the foreign company. The Italian Immigration Law provides for different kinds of assignment procedures depending on the relationship between the foreign and Italian company and the job to be carried out.
3 (i). Intra-Company Transfer
According to this procedure, the foreign worker can be transferred from the foreign parent company to an Italian affiliate. This type of assignment procedure applies to highly specialized personnel or managers who have been on the payroll of the foreign company for at least 12 months.
3 (ii). Service Agreement Assignment
This procedure requires collaboration between the worker’s foreign company and the Italian company. A service agreement between the two companies outlining the specific services that the foreign worker will perform while in the territory.
3 (iii). Highly Qualified Workers
This procedure allows companies or entities operating in Italy to transfer highly qualified workers to Italy for a specific task or activity for a set period of time.
3 (iv). Special Categories of Workers
In addition to the categories listed above, there are a number of special categories of workers who can work in Italy on assignment for temporary periods, e.g., journalists, sportsmen, artists, nurses, etc.
Immigration Services
EU Registration for citizens of the European Union
- Procure, organize, and review all the necessary documents to request town hall registration.
- Register individual(s) at the town hall and assist in obtaining a residency certificate / Attestato di Soggiorno.
Non-EU Citizens
- Procure, organize, and review all the necessary documents to process and complete the work permit.
- Accompany the individual and/or family to the appropriate government offices, if necessary.
- Expert and guided assistance when dealing with the Italian consulate abroad.
- Procure the housing suitability certificate.
Elective Residency Visa Consultation (60 Minutes)
If you would like to retire in Italy and you can demonstrate that you have a monthly passive income to support yourself that derives from non-work-related sources, you may qualify for an Elective Residency Visa.
To assist you in fully understanding this visa, we provide a special 60-minute consultation. During this session, my colleague, an Italian lawyer specializing in immigration and citizenship, will walk you through each aspect of the Elective Residency Visa, including how to put together a bulletproof application.
This session includes:
- A detailed explanation of the Elective Residency Visa and who qualifies.
- The visa application process and how to submit a surefire application.
- Understand what qualifies as passive income and the documents needed to prove this.
- The best ways to interact with the Italian consulate.
- Following the approval of the application, the following steps must be taken.
- Options are available if an application is denied.
To book a premium online consultation regarding the Elective Residency Visa, please feel free to contact us.