italy — immigration

Italy: a practical guide to the new Blue Card permit

The EU Blue Card is one of the extra quota work permits for non-EU highly specialized workers that can be applied for at any time of the year, as it is not subject to quota limitations

Marco Mazzeschi

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Photo by Lysander Yuen on Unsplash

Requirements

  1. University diploma or professional experience:

The worker (EU Blue Car applicant) must possess alternatively:

  • A tertiary level higher education degree or a post-secondary professional qualification that is to say:
  • A diploma issued by a university after at least a three-year course or
  • A diploma issued by a non-university institute after at least a three-year course

Declaration of value or CIMEA (Centre for Information on Academic Mobility and Equivalence (CIMEA) attestation required.

  • A higher professional qualification attested by: (i) at least five years of professional experience, relevant to the profession or sector specified in the employment contract or binding offer. This must be supported by employment contract(s) and/or payslips, along with an optional letter of experience from the foreign employer, demonstrating the specific sector of activity and the duration of professional experience of at least five years in the same sector of the job offer; (ii) at least three years of relevant professional experience acquired in the seven years preceding the application for the EU Blue Card, specifically for managers and specialists in the field of information and communication technologies (Information and Communications Technology Services Managers and Professionals), supported by employment contract(s) and/or payslips, along with an optional letter of experience from the foreign employer, demonstrating the specific sector of activity and the duration of professional experience, of at least three years in the preceding seven years

2) Worker must receive a minimum 6 month job offer: the offer must be from an employer based in Italy.

3) Employer can be (i) a company (Immigration office is asking the company to have adequate financial means and be in good standing); or (ii) also a private individual, but in this case it can be challenging to obtain the work permit.

4) Be offered a high-level job position in Italy: the position offered in Italy must be for a highly qualified position, falling within Level 1, Level 2, or Level 3 of Italian Institute of statistic jobs classification ISTAT CP 2011.

5) annual salary not lower than that established by national collective agreements (approx. than € 27,000/year).

Application Procedure

  1. Diploma validation or certificates proving professional experience (see above)
  2. Work permit (Nulla Osta) Online application, filed by the Italian employer;
  3. Visa: work permit is issued and worker can apply for the Visa at the Italian Consulate which has jurisdiction (not in Italy) over his place of residence (which must be indicated in the work permit application)
  4. Entry into Italy:
  • within 8 days the worker must go to the local Immigration Office (Sportello Unico per l’Immigrazione) and sign the contract of stay (contratto di soggiorno), i.e. confirmation of the terms and conditions of the job offer;

5. Permit of Stay (Police registration)

  • after signing the contract of stay, worker can file the application for the residence permit (Police registration) at the Post Office
  • Police will summon the worker for fingerprinting after 1–2 months;
  • Police will summon the worker to collect the permit, after 2–3 months (can be longer).

What rights does a blue card worker have?

Validity: the Police issues an EU Blue Card residence permit (Permesso di soggiorno Carta Blu UE) valid for 2 years for open-end work contracts or for the validity of the contract plus 3 months, in case of a fixed term job contract;

Change employer: During the first 12 months of legal employment, the EU Blue Card holder is subject to restrictions both on the change of employer and on carrying out works not fulfilling the criteria for admission

EU mobility: after 12 months, the worker can move to another EU country with no need to obtain a new visa. Each country has its own specific requirements and conditions and the worker cannot start working without having complied with local regulations;

Short-term mobility: a third-country national who holds a valid EU Blue Card issued by another Member State can enter and stay in Italy for 90 days in any 180-day period to carry out a professional activity

Long-term mobility: After 12 months of legal residence in a Member State as an EU Blue Card holder, the third-country national can enter Italy without a visa for highly qualified employment for a period exceeding 90 days, further to the issuance of the work permit. As soon as possible and within 1 month after the EU Blue Card holder has entered Italy, the employer must apply for an EU Blue Card work permit.

Family: the worker is entitled to bring his/her family (spouse and children up to 18) who can obtain a family permit which allows the spouse to work;

Healthcare: worker and family can register with the National Health Service, read our ARTICLE;

Residency: worker and family are entitled to register with the City Hall (Comune) where they are “residents” and obtain an ID card;

Taxes: you should consult with a tax expert to check tax obligations, exemptions, benefits, etc.

Remark: The EU Blue card holder can exercise a self-employed activity in parallel with the activity as a highly skilled worker

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.

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Marco Mazzeschi

Marco Mazzeschi, attorney at law admitted in Milan and Taipei — www.mazzeschi.it