Italy
Work Permits and Employment-Based Visas
There is a lot to know about obtaining a work permit and employment visa in Italy. If you are a citizen of the European Union, the European Economic Area, or Switzerland, you will not need a visa to live and work in Italy. You are free to cross the border with only your valid national identity document or passport. Citizens of non-EU countries, however, have to apply for a work visa and permit if they wish to work and live in Italy. Read on to know how you can start your life and career in Italian territory.
Work Visa Requirements in Italy
As a non-EU citizen, to work and live in Italy, you will need:
• A visa and work permit;
• A residence permit within eight days of entering Italy.
There are various types of visas that allow you to work in Italy:
To be able to work in Italy, the non-EU foreign citizen must have a residence permit issued for one of the reasons indicated in this form. However, please refer to the Consolidated Law on Immigration, Legislative Decree no. 286 (TU), and to the regulation adopted with the Presidential Decree 31 August 1999, n. 394, for more details with reference to the conditions of issue of each individual residence permit.
Subordinate work
The residence permit for subordinate work is issued by the Police Headquarters at the request of the non-EU worker who, who entered Italy following a work permit issued to the employer, signed a special residence contract for work at the Single Desk for 'immigration. It has a validity equal to the duration of the job offer and in any case not exceeding one year for a fixed-term contract and not exceeding two years for an indefinite period , it is always renewable upon expiry and allows you to carry out any other employment or self-employment.
To obtain the authorization to work, the employer must apply to the Single Desk for Immigration, within the specific entry quotas for work established by the Government with the Flow Decrees.
Seasonal work
The residence permit for seasonal work permits the hiring of companies that carry out one of the seasonal activities - essentially related to agriculture or tourism.
He is released by the Police Headquarters at the request of the foreigner who, who entered Italy following a work permit issued to the employer, signed a special residence contract for seasonal work at the Single Desk for immigration.
It has a duration of no more than nine months, with no possibility of renewal beyond this maximum limit.
In order to obtain the authorization to work, the employer must apply to the Single Desk for Immigration. within the specific quotas for seasonal work established by the Government with the Flow Decrees.
The seasonal foreign worker present on the territory and with an offer of subordinate work, can ask the Immigration Desk to convert the residence permit for seasonal work into a permit for subordinate work, within the available quotas established by the Flow Decree for these conversions.
Multi-year seasonal work
A foreigner who proves that he has come to Italy for at least 2 years in a row to provide seasonal work can be issued with a multi-year seasonal work permit for up to three years each year . He is released by the Police Headquarters at the request of the foreigner who, entered Italy as a result of a multi-year work permit issued to the employer, has signed a special residence contract for seasonal work at the one-stop shop for immigration. For entries to Italy subsequent to the first, the regularly hired worker can make a new entry on the basis of a simple confirmation of hiring by the employer, regardless of the publication of the flow decree for seasonal work.
Special cases of entry for work art. 27 TU Immigration
The residence permit issued "out of quota " in the particular cases of entry provided for by art. 27 of the Consolidated Immigration Act does not allow the establishment of new employment relationships, other than the one originally authorized, precisely because of its particularity, except for some important exceptions expressly provided for nurses , interpreters and translators and servants following Italian citizens returnees, provided, however, that the qualification required for the new hiring coincides with that for which the original authorization was issued.
Sport activity
The residence permit for sporting activity is issued to the foreigner who must be employed as a professional or amateur sportsman at an Italian sports club which has obtained, by request to the national Federation of belonging, the nominative declaration of consent by CONI, within the limits of the annual entrance fees for foreign sportsmen and women fixed by the planning decree of the Ministry of Cultural Heritage and Activities. This permit allows the performance of a subordinate working activity as a professional or amateur sportsman on behalf of an Italian sports club. For the minor (but over fourteen) foreign sportsman, the request of the sports club is accompanied by the authorization issued by the competent Provincial Labor Directorate.
Artistic work
The residence permit for artistic work is issued to the foreigner who must carry out an activity of more than three months of artistic or technical work in lyrical, theatrical, concert or ballet performances at the request of the employer who must obtain clearance from the Management General for employment services policies. Renewal is possible only if there are documented needs to allow the show to close and only to continue the employment relationship established with the same employer, therefore for a duration not exceeding that of the pds at the time of release and in any case 1 year max.
Scientific research
The residence permit for scientific research allows the carrying out of the research activity (subordinate work, self-employment or research training fellowship) and is issued for the duration of the research program. It is issued to the foreign researcher (also regularly residing in Italy for another title other than that for asylum or temporary protection request) who has stipulated a special reception agreement with a University or research institute based in Italy - who must request nothing obstacle to the Single Desk for Immigration - registered in the special list kept by the Ministry of University and Research. The permitted work is only that related to research or related teaching.
Working holidays
The residence permit for working holidays is issued to foreigners who come to Italy with a working holiday visa, in the framework of international agreements in force for Italy. After entry of the citizen into the territory of the State, at the request of the employer, the authorization to work can be issued by the Single Desk, for a total period not exceeding 6 months and for no more than 3 months with the same employer of work.
Waiting for occupation
The residence permit for awaited employment is issued for a maximum duration of not less than one year, or for the entire duration of the income support service (unemployment treatment, mobility allowance) received by the foreigner, if higher.
The renewal of the residence permit to await employment is also possible after one year if the worker :
1. receives the mobility allowance up to the duration of the allowance;
2. it is part of a family unit, already established on the national territory, made up of a person who proves he has sufficient resources, provided for by art. 29 of the TU, such as not to burden the state's social assistance system during the stay.
{The circular of the Ministry of the Interior of 3 October 2016 clarified that, in the presence of certain circumstances, the residence permit for awaited employment can, at the expiry date, be renewed even beyond the one-year term.}
Self-employment
The residence permit for self-employment is issued by the Police Headquarters, within the quotas defined by the Government with the Flow Decree, at the request of the same foreign citizen willing to carry out his profession in Italy and allows you to carry out any self-employment activity or subordinate work.
To obtain it, the interested party must obtain the authorization issued by the Chamber of Commerce, with certification of the necessary economic parameters, as well as by the competent professional Order, if it is a regulated profession, therefore the authorization issued by the Police Headquarters and finally the visa d entry by the Italian diplomatic mission to your country.
Family reasons
The residence permit for family reasons is issued to the spouse, minor children, adult children in conditions of disability and dependent parents (if they do not have other children in the country of origin or provenance), or parents over sixty-five, (if the other children are unable to support them for documented, serious health reasons) of a foreign citizen who already holds an EU permit for long-term residents or a residence permit for a duration of not less than one year, for reasons of subordinate or self-employment, asylum, subsidiary protection, study, religious reasons, family reasons, scientific research.
The natural parent of a minor regularly residing in Italy with the other parent and those who become part of the family of a foreigner regularly residing in Italy, by birth or by marriage, also obtain this permit.
To obtain it, the foreign citizen present in Italy must submit a request for clearance to family reunification at the one-stop shop for immigration and demonstrate that he has sufficient income and adequate accommodation for himself and his family.
The residence permit for family reunification or for entry to follow the worker allows the exercise of subordinate work and self-employment and can be converted into a permit for subordinate work (for the child at the age of 18), self-employment or for study or residence permit for elective residence.
Assistance for minors
The residence permit for minor assistance is issued to the family member of a minor who is in Italian territory, with the authorization of the Juvenile Court. It allows you to carry out work, but cannot be converted into a permit for work reasons.
Minor integration
The residence permit for integration of minors only allows to follow the social insertion programs for foreign minors abandoned in our country, who under certain conditions, upon reaching the age of majority, obtain the conversion of the document into a residence permit for study reasons or self-employed or subordinate work. However, the minor has the right to carry out all the activities that fall within the scope of the right-duty to education-training (apprenticeship).
Entrustment or protection
Minors holding a minor's age permit can convert it into a residence permit for custody in the event that, following the provision of " no need to provide for repatriation "of the Ministry of Labor and Social Policies - General Directorate of Immigration and Integration Policies, are entrusted either directly with a provision of the Juvenile Court or on the initiative of the Social Services made executive by the Tutelary Judge. The residence permit for custody allows the foreign minor to work in all those cases in which Italian law allows it to minors in general (and subject to the fulfillment of compulsory schooling) and can be converted into a permit for study or work, upon completion of the 18 years.
Minors entrusted to a regularly residing foreign citizen who live with the foster are registered in the residence permit of the same until the age of 14 and receive a residence permit for family reasons at the age of 14.
Unaccompanied minors permit holders to affidament or can convert it to study, access to employment, self-employment or, at the age of 18, if:
• have entered Italy for at least 3 years, therefore before reaching the age of 15;
• have followed for at least 2 years a social and civil integration project managed by a public or private body that has national representation and is registered in the appropriate registers required by law;
• attend study courses, or carry out paid work in the forms and with the methods provided by law, or have an employment contract even if not yet started.
Temporary protection for humanitarian reasons
The permits issued pursuant to art. 20 of the TU immigration , in consideration of the relevant humanitarian needs originating from conflicts, natural disasters or other particularly serious events in countries not belonging to the European Union, allow the exercise of working activity . In application of the aforementioned art. 20, the Prime Ministerial Decree of 5.04.2011 was issued which defined the corresponding temporary protection regime to be insured in favor of citizens belonging to the countries of North Africa who flowed into the national territory from 1 January 2011 to midnight on 5 April 2011.
The aforementioned decree establishes that people who fall into the category of beneficiaries of temporary protection are issued with a six-month residence permit for humanitarian reasons (pursuant to art.11, paragraph 1, letter c-ter of Presidential Decree 394 / 99 and subsequent mod.), Which allows the exercise of work (pursuant to article 14, paragraph 1, letter C) of Presidential Decree 394/1999 and following mod.), as well as the possibility of traveling for tourism for a maximum period of 90 days in the Schengen area, in accordance with the provisions of the Convention implementing the agreement. With subsequent Prime Ministerial Decree of 6.10.2011, an extension of the validity of the residence permit for humanitarian reasons was ordered for a further six months,
The residence permit for humanitarian reasons can also be issued to citizens belonging to the nationalities concerned, who have requested recognition of international protection, subject to renunciation of the relevant application or in the event that it has been rejected. Even in the case of possession of a residence permit for another reason, it is possible to request the conversion into a residence permit for humanitarian reasons. The issue of this permit does not however preclude the submission of the application for recognition of international protection. The residence permit for humanitarian reasons can also be issued by the Questore to unaccompanied foreign minors for whom there is fear of persecution in their country, for reasons of race, religion, nationality, belonging to a particular social group or for their own opinions policies, in the event of rejection of the asylum application, at the request of the Territorial Commission for the Recognition of the competent Refugee Status, if it deems the repatriation of the child dangerous and in any case inappropriate. However, the minor has the right, through his guardian, to appeal to the ordinary Court against the Commission's decision.
Humanitarian reasons for social protection
The residence permit for social protection , issued pursuant to art. 18 of the TU immigration, when situations of violence or of serious exploitation towards a foreigner are ascertained "and" real dangers for his safety emerge ", because he tries to escape a criminal organization or because of the statements he made during the investigations or in a process, allows the performance of work and is renewable. This permit can also be issued to the minor, at the end of the expiation of the sentence, for committing a crime for which he was imprisoned before reaching the age of majority, if he participated in a program of assistance and social integration. The permit for social protection can also be issued by the Quaestor, on the proposal of the social services of the Municipality, also to foreign minors against whom situations of violence and serious exploitation (prostitution, labor exploitation, etc.) have been detected , for whom there are concrete dangers of safety.
Political asylum or international protection
The residence permit for political asylumis released by the Police Headquarters to the holder of "refugee status" or "person otherwise in need of international protection" and allows the performance of the work activity. The European and Italian regulations refer to the following definition of refugee "foreign citizen who, out of a well-founded fear of being persecuted for reasons of race, religion, nationality, belonging to a specific social group, political opinion, is located outside the territory of the country of to
whom he is a citizen and cannot or, because of this fear, does not want to avail himself of the protection of that country, or stateless person who is outside the territory in which he previously had his habitual residence for the same reasons mentioned above and cannot or, at because of such fear, he does not want to return.
Unaccompanied foreign minorsfor whom there are fears that they may be subjected to persecution in their country, for reasons of race, religion, nationality, belonging to a specific social group or for their political opinions, have the right to submit, through the owner of the protection, an asylum application. The asylum application is examined by the competent Territorial Commission for the Recognition of Refugee Status. If refugee status is recognized, the child receives an asylum permit. If, on the other hand, the application for asylum is rejected, the Commission can still invite the Quaestor to issue a permit for humanitarian reasons, if he deems the repatriation of the child dangerous and in any case inappropriate. However, the minor has the right, through his parents or guardian,
Asylum request or international protection
The residence permit for asylum request allows the recruitment pending the effective recognition of this status , two months after submitting the application. This residence permit cannot be converted into work.
The residence permit for asylum request also allows, from the outset, to carry out training internships and voluntary activities.
{The Ministry of the Interior circular no. 14290 of 27 November 2014 , has expressly provided for the involvement of asylum seekers in voluntary activities, provided that these activities are carried out exclusively on a voluntary and free basis, are aimed at achieving a social and non-profitable purpose and are guaranteed training adequate to the activities that will be carried out. The insurance coverage provided for the subjects involved in voluntary activities, already foreseen for the two-year period 2014/2015, has been revived with the 2016 and 2016 stability law, with a charge borne by a special Fund established at the Ministry of Labor and Social Policies, and also applies to asylum seekers. }
statelessness
The residence permit for statelessness is issued to those who have "stateless status" (with statelessness certification) is valid for carrying out work. According to the stateless New York Convention of 1954, it is a person whom no state regards as its citizen. After 5 years of regular residence with a residence permit, you can apply for Italian citizenship. In this case the stateless status automatically decays. Persons with stateless status have substantially the same rights as foreign citizens legally residing on national territory with long-term residence permits: right to work, right to study, right to health registration, right to family reunification.
Subsidiary protection
The residence permit for subsidiary protection is issued by the Questura to the holder of the "subsidiary protection status" and allows the performance of work. If the requirements are met, it can be converted into a residence permit for work. The "subsidiary protection status" is recognized to the "foreign citizen who does not have the requisites to be recognized as a refugee but against whom there are justified reasons to believe that, if he returned to the country of origin, or, in the case of a stateless person, if if he returned to the country where he previously had his habitual residence, he would run an actual risk of suffering serious damage and who cannot or, because of this risk, does not want to avail himself of the protection of that country ".
Study, training and professional training
The residence permit for study, internship as well as that for professional training , allows a subordinate job with an annual limit of 1040 hours. It can also be converted into a work permit within the limits of the entrance fees available, in case the student has a job offer. Within these time limits, foreign students are also allowed to carry out occasional self-employment services, coordinated and continuous collaborations or other self-employment activities. The residence permit for study purposes can be converted, outside of the quotas, by the foreigner who has obtained a bachelor's degree or a specialist degree in Italy, following the attendance of the relevant course of study in Italy. The student who obtains the specialization diploma, the PhD or a 1st or 2nd level master's degree, certificate or postgraduate diploma can apply for a residence permit to await employment if he does not
have a job or, in the presence of recruitment proposal, convert their residence permit for work reasons.
EU residence permit for long-term residents
The EU residence permit for long-term residentsallows the performance of work activities. It is issued to the foreigner in possession of a valid residence permit for at least five years, which demonstrates the availability of an income not lower than the annual amount of the social allowance and, in the case of a request relating to family members, a sufficient income according to the parameters indicated in the matter of family reunification and suitable accommodation that falls within the minimum parameters provided for by the regional law for public residential housing or that is provided with the hygienic-sanitary suitability requirements ascertained by the Health Unit Company local competent for the territory. Foreigners staying in Italy for study, temporary and humanitarian protection, asylum and asylum request cannot apply for this permit. In the period before 5 years from the request, the foreigner
must not have accrued absences from Italian territory for a period longer than 10 months in total in the five-year period or 6 consecutive months, except for serious reasons. For the issue of the residence permit it is necessary to pass an Italian language test.
Residence card of a family member of a Union citizen
The residence card issued to the foreign family member of an Italian or EU citizen with a right of residence lasting more than three months (Legislative Decree 30/2007) allows the exercise in Italy of any economic activity, in an autonomous or subordinate form, that the law does not reserve for the Italian citizen.
Permanent residence card for family members of a citizen of the Union
The permanent residence card for family members of European citizens is issued by the Questura after five years of continuous permanence. It allows, like the previous one, the exercise in Italy of any economic activity, independently or subordinately,
Non-EU foreign nationals who have a residence permit cannot work in Italy for :
• Medical care;
• Tourism;
• Religious reasons;
• Business;
• Justice.
