Italy-immigration

Italy’s intra-company visas

What is the procedure for an intra-company assignment?

Marco Mazzeschi

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Requirements

  • Highly skilled workers only
  • € 30,000 minimum salary (per our experience, not indicated specifically by the law)
  • assigned to work at an Italian affiliate/subsidiary of the sending company (employer of the assigned worker)
  • 6 months experience in the same work position or 3 months seniority with the sending company

There are 2 types of intra-company permits

Intra-company does NOT apply to:

- contractors or freelance workers

- researchers,

- students

- workers posted under Directive 1996/71 and 2014/67

MAIN STEPS

1) Work Permit Application

The initial step of the immigration process in the Work Permit application. The Work Permit, also called Nulla Osta, must be requested from the Immigration Office (Sportello Unico per l’Immigrazione):

  • in the city in which the assignee will be seconded (art. 27a); or
  • in the city where the company is registered (art. 27 quinques)

ℙ𝕣𝕠𝕔𝕖𝕤𝕤𝕚𝕟𝕘 𝕥𝕚𝕞𝕖: depending on the destination city, a Work Permit may take from 2 to 5 months.

2) Visa Application

As soon as the Work Permit is issued, the assignee must apply for the entry visa within four months of the issuance date. The visa application must be filed at the Italian Consulate that has jurisdiction over the assignee’s current permanent residence, which is also listed on the Work Permit. It is not possible to choose a different Consulate, even when traveling and near a different one.

3) Contract of Stay

Within eight working days of arrival in Italy, with Work Permit and Work Visa in hand, the assignee must go to the Immigration Office, accompanied by a representative of the Italian company,:

  • to sign the Contract of Stay (Contratto di Soggiorno) for art. 27 a; or
  • collect some forms to be filed for obtaining permit if stay (art. 27 quinques).

For assignments longer than one year, the Integration Agreement must also be signed. The Italian company may ask our Team to carry out this step on their behalf.

4) Residence Permit Application

The final step of the immigration process is the application for the Residence Permit, also called Permesso di Soggiorno. It can be requested from any Post Office 8only for art. 27a, for art. 27 quinques application is filed directly at Poliste Station) by submitting the special forms provided by the Immigration Office.

The worker will be summoned by the Police for fingerprinting and for submititng the supporting documents anfer 1–2 months shall be summoned again by the Police, this time to collect the actual Residence Permit.

5) Residency Registration

The final step to be taken by the assignee is the registration of the personal residency address in Italy with the Town Hall. While some countries do not have a similar procedure, Italians and foreigners are obligated to register with the Town Hall of the city where they live to establish their residency. Registering permanent residency is necessary for the following activities: lower fees on bank accounts; buying a car; issuance of an Italian ID Card (Carta d’Identità), egistering for the National Health Service, and Shipping of Personal Goods into the country duty-free.

𝕎ℍ𝔸𝕋 𝔸ℝ𝔼 𝕋ℍ𝔼 𝔻𝕀𝔽𝔽𝔼ℝ𝔼ℕℂ𝔼𝕊 𝔹𝔼𝕋𝕎𝔼𝔼ℕ 𝕋ℍ𝔼 𝕍𝔸ℝ𝕀𝕆𝕌𝕊 𝕊𝕋𝔼ℙ𝕊 ?

https://medium.com/studiomazzeschi/what-do-you-mean-6cab0abb438a?source=your_stories_page-------------------------------------

Important things to know

Photo by Waldemar Brandt on Unsplash

𝘾𝙖𝙣 𝙩𝙝𝙚 𝙬𝙤𝙧𝙠𝙚𝙧 𝙨𝙩𝙖𝙮 𝙞𝙣 𝙄𝙩𝙖𝙡𝙮 𝙬𝙝𝙞𝙡𝙚 𝙩𝙝𝙚 𝙖𝙥𝙥𝙡𝙞𝙘𝙖𝙩𝙞𝙤𝙣 𝙞𝙨 𝙥𝙚𝙣𝙙𝙞𝙣𝙜? Yes, the assignee may decide to come to Italy under a business status, meaning that he will not be entitled to work, but only to conduct business activities. When the Work Permit is issued, however the assignee must go back to his country of residence to apply for the entry visa.

𝘼𝙨𝙨𝙞𝙜𝙣𝙢𝙚𝙣𝙩 𝙀𝙭𝙩𝙚𝙣𝙨𝙞𝙤𝙣: Even though an intra-company assignment can last for up to five years, the Work Permit and the Permit of Stay have an initial maximum validity of two years. They can be renewed, however, before their dates of expiration by following an in-country procedure. The visa does not need to be renewed at any time, as it is replaced by the Residence Permit

𝙍𝙚𝙨𝙞𝙙𝙚𝙣𝙘𝙮 𝙐𝙥𝙙𝙖𝙩𝙚: Foreigners are required to update their residency status in Italy when they apply for renewing their Residence Permit. Town Halls usually accept a simple communication sent by registered mail or fax, but in some cases the foreigner may need to visit the Town Hall to declare that he is still a resident in Italy

𝘿𝙧𝙞𝙫𝙞𝙣𝙜 𝙇𝙞𝙘𝙚𝙣𝙨𝙚: After one year of residency in Italy, a foreign driver’s license is no longer valid. Getting an Italian driver’s license is mandatory after being a resident in Italy for one year. Only the nationals from the following countries can convert their foreign driver’s license into an Italian license.: Algeria, Argentina, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Ecuador, El Salvador, Estonia, Philippines, Finland, France, Germany, Japan, Great Britain, Greece, Ireland, Iceland, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Morocco, Moldova, Norway, Netherlands, Poland, Portugal, Monaco, Czech Republic, South Korea, Slovakia, Romania, San Marino, Slovenia, Spain, Sweden, Switzerland, Taiwan, Tunisia, Turkey, Hungary. All others must apply for a new Italian license

𝙎𝙤𝙘𝙞𝙖𝙡 𝙎𝙚𝙘𝙪𝙧𝙞𝙩𝙮 𝙖𝙣𝙙 𝙏𝙖𝙭𝙚𝙨: In principle, if a person stays in Italy less than 183 days/year, he will need to pay taxes only on the income produced in Italy subject to any provisions set forth by bilateral Treaties against double taxation, if executed, between Italy and the foreign country. If he stays more than 183 days he would need to declare his worldwide income and eventually pay taxes in Italy, save any applicable treaties against double taxation. For more details you would need to consult a tax lawyer and we can provide you with some names if necessary

𝙇𝙚𝙖𝙫𝙞𝙣𝙜 𝙩𝙝𝙚 𝘾𝙤𝙪𝙣𝙩𝙧𝙮: When leaving the country permanently, the Assignee and any accompanying family members will need to cancel the registration with the Town Hall and the Residence Permit. If the Work Permit is still valid at the time of departure, this also must be cancelled.

Useful links

  • Work permit for temporary assignments

https://www.mazzeschi.it/temporary-assignments-work-permits-for-highly-skilled-workers/

  • What is the integration agreement?

https://www.mazzeschi.it/what-is-the-integration-agreement/

  • Live and work in Italy: 20 FAQs

https://www.mazzeschi.it/%e3%80%80live-and-work-in-italy-20-faqs/

  • Residence permits for family members

05 | Residence Permit for Family Members | Mazzeschi Legal Counsels

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