Corporate Immigration 2026 Comparisons

Policies on Long-Term Visas (National Visas)

Current Italian immigration policy favours the admission of foreign nationals seeking long-term residence in Italy in a number of specific categories. These include:

• investors in Italian companies, who can benefit from a fast-tracked visa procedure;
• highly qualified employees with a job offer from an Italian company or seconded to an Italian company;
• wealthy retirees already owning or renting a house in Italy; and
• university students.

Italy also operates immigration programmes for lower-skilled workers aimed at addressing labour shortages in sectors such as agriculture, construction, tourism, hospitality and other designated industries. However, these work visa schemes are subject to annual numerical quotas. 

Regardless of the immigration category concerned, all procedures that lead to the right to reside continuously in Italy generally involve two stages. First, the applicant must apply for a national visa through the Italian Consulate in the country where they legally reside. Secondly, once the foreign national has entered Italy using the national visa, they must apply for a residence permit with the Italian police authorities.

In many cases, an additional preliminary step is required before the visa application can be submitted. Depending on the type of immigration route, the applicant, their employer, or a qualifying family member may be required to obtain a prior authorisation known as a Nulla Osta. This authorisation is issued by a provincial office of the Ministry of the Interior, the Police, or another competent public authority, depending on the nature of the application. 

Short-Term Visas (Schengen Visas)

National visas should be clearly distinguished from Schengen visas. Unlike national visas, Schengen visas do not lead to the issuance of a residence permit and do not permit a stay within the Schengen area exceeding 90 days in any rolling 180-day period.

It should also be noted that citizens of many countries are exempt from Schengen visa requirements under bilateral agreements between their country and the European Union. Nationals of such countries may therefore travel to and visit the Schengen area for up to 90 days within any 180-day period using only a valid passport and without the need to obtain a visa in advance.

Non-EU nationals who travel within the Schengen area without holding a national visa may generally be referred to as “visitors”.

The Digital Nomad or Remote Worker Visa

Since May 2024, it has been possible to apply for both a digital nomad and a remote workers visa and corresponding residence permit in Italy. This represents a significant new opportunity for medium- and long-term relocation to the country, as it is the first Italian visa and residence permit specifically designed for work-related purposes that does not require sponsorship by an Italian employer or client.

In fact, the digital nomad, who is a freelancer, is not required to have clients in Italy. And the remote worker, who is an employee, can have his/her employer outside of Italy. So, the digital nomad’s employer or clients are located in countries other than the worker’s country of residence.

This new visa category reflects the increasing internationalisation and decentralisation of the labour market, a trend that was accelerated considerably by the global pandemic of 2020–2021. It creates an important new route for non-EU nationals who wish to enjoy the Italian lifestyle while continuing to work for employers or clients based in their country of origin or previous country of residence. 

The eligibility requirement to access any of these visa opportunities are:

• being highly qualified (the same as for EU Blue Card holders);
• carrying out a work activity with the sole use of digital means (eg, laptop and mobile) without the need for in-presence work; and
• having a work income of at least EUR28,000 per year.

The New EU Blue Card

A second major change in Italian immigration law concerns the so-called EU Blue Card. This is a residence permit regulated at the European level that is intended to facilitate the admission of highly qualified workers to EU member states. 

In Italy, this permit was previously granted only to people holding at least a bachelor’s degree and having a job offer for activities that require intellectual skills and specific expertise and knowledge. However, as of April 2024, the government has implemented a broader new concept of “highly qualified worker” by also including within this definition workers without a university degree but with significant professional experience in a field that requires intellectual skills and specific expertise and knowledge.

This reform represents a further step towards attracting highly qualified talent to Italy. By moving beyond the strict formal requirement of a university degree and recognising relevant professional experience, the new regime adopts a more pragmatic “substance over form” approach when assessing the qualifications of visa applicants.

Citizens of EU member states do not require either a visa or a residence permit to live and work in Italy. For non-EU nationals, however, Italian immigration law provides two principal categories of work visas. 

Low-Skilled Employees

The first category is dedicated to “low-skilled” employees from specific non-European countries to be employed in specific job fields and within limited numbers defined by the so-called Flow Decree (Decreto Flussi), an annual piece of legislation enacted by the government to control the influx of migrants coming to Italy to work. 

The list of eligible nationalities is determined through a system designed to encourage international co-operation in combating irregular migration. Broadly speaking, countries that have entered into bilateral agreements with Italy concerning the prevention of irregular migration and/or the repatriation of irregular migrants are included among the nationalities eligible for these visas. Countries that do not co-operate in this regard are generally excluded. 

The sectors in which these workers may be employed are also identified annually by the Flow Decree on the basis of labour market needs, as assessed by the government in consultation with the most representative employers’ associations at national level. For example, during the 2026–2028 period, visa applications were permitted for workers with job offers in sectors including agriculture, road haulage, construction, tourism and hospitality, mechanics, telecommunications, the food industry, shipbuilding, bus transport, fishing, plumbing and electrical work. 

The annual decree also establishes the maximum number of visas available under this scheme, taking into account the anticipated needs of Italian industry. For example, the quota for 2026 was set at a maximum of 165,000 visas. 

Applications may be initiated only where an employer is willing to hire the non-EU worker and submits a request for a nulla osta to the relevant regional office of the Ministry of the Interior. In practice, however, it is not uncommon for individuals already residing illegally in Italy to pay third parties to appear as prospective employers. The high volume of such fraudulent applications, together with the efforts of the authorities to identify and prevent abuse, often slows the assessment process and can reduce the likelihood of genuine employers and workers obtaining approval. 

Highly Skilled Employees

The second category encompasses the various employment visas available to foreign nationals who have received a job offer from an Italian company or individual. Unlike visas issued under the Flow Decree, these permits are generally not subject to annual numerical quotas. 

Highly qualified workers fall within this category and cannot be refused a visa solely because the annual quotas established under the Flow Decree have been exhausted. 

The EU Blue Card (Article 27 quarter of the Italian Code on Immigration)

The largest subcategory within the highly skilled worker framework is the EU Blue Card, which is granted to all non-EU employees who have received a job offer with a gross annual salary of at least EUR38,000 and who either hold a university degree or possess substantial professional experience that has provided them with specialised knowledge and intellectual skills equivalent to those of a graduate. 

See also 1.2 Upcoming Policy Changes to find out more about this visa option. 

Other specific professionals (Article 27 of the Italian Code on Immigration)

In addition to the EU Blue Card, there are several other employment visas that are granted without quantitative restrictions for the specific professional categories mentioned below:

• lecturers and professors of foreign universities carrying out academic or teaching activities in Italy; 
• translators and interpreters;
• employees of foreign companies or organisations carrying out activities in Italy, where the employer tasks the employee with work activities to be performed in Italy for a certain period of time;
• employees of foreign companies who will embark on Italian cruises to perform work activities based on a service agreement with the Italian company or natural person owning or managing the ship;
• artists and technicians to be employed at opera, theatre, music and dance events;
• dancers, artists and musicians to be employed in bars, clubs or other entertainment venues; 
• artists to be employed by companies or other private or public entities (active in the field of cinema, music, theatre, radio or television) to carry out cultural or folklore-based events; 
• employees of a circus performing in Italy;
• professional athletes who intend to take part in paid professional sports activities for an Italian sports club affiliated with the Italian National Olympic Committee (CONI); 
• journalists employed by a foreign press organisation, a radio broadcaster or a TV network, as long as the journalist is accredited in Italy;
• au pairs or other people who take part in exchange programmes (established by an international agreement valid in Italy) to work part-time in Italy; 
• nurses to be employed in Italian private or public health facilities or hospitals;
• members or officials of foreign governments; and
• employees of foreign public offices, foreign public entities, or international organisations.

Permanent residence in Italy refers to the so-called EC long-term residence permit, which has a duration of ten years and is renewable as long as the applicant is registered as a resident in Italy at the time of the renewal and can demonstrate an income declared in Italy or other means of subsistence.

The requirements to obtain the long-term residence permit are the following:

• The applicant must have resided in Italy legally and continuously for a minimum of five years. Continuity of residence is considered to have been broken if the applicant has spent more than ten months outside Italian territory across the five-year period, or more than six consecutive months abroad at any one time.
• The applicant must also be registered at a residential address with the competent municipality, at the very least at the time of submitting the application for the long-term residence permit.
• The applicant must be in possession of a valid residence permit at the time of application. However, at the time of application, the permit held by the applicant must not fall into one of the following categories: study or vocational training; temporary protection, medical treatment, special protection, labour exploitation; short-term permits of less than one year or diplomatic permits. Any other type of residence permit, including any type of work permit, can lead to a “long-term” residence permit provided that the condition of five-year continuous legal residency in Italy is met.

• The applicant must have a yearly income declared in Italy not lower than the annual social allowance (approximately EUR7,000). The minimum income is increased by half for each additional dependent family member, and proof of suitable accommodation for hosting the family member is required. More specifically, the applicant is required to submit a certificate of housing suitability to the municipality to demonstrate that the lodging is fully compliant with safety rules and can host a sufficient number of people.
• Finally, the applicant must hold a valid certificate of Italian language proficiency at a minimum level of A2.

The Italian immigration system has several visa options for unsponsored work or investment.

Golden Visa (Article 26 bis, Italian Code on Immigration)

A non-EU national can obtain a golden visa and then a residence permit for investors by making one of the following investments: 

• at least EUR2 million in securities issued by the Italian government; or 
• at least EUR500,000 in shares or stocks of an already existing capital company operating in Italy (Spa, Srl, or Srls), either through a capital increase or a purchase agreement, or an equivalent investment in an Italian venture capital fund of a corporate nature;
• at least EUR250,000 into an already existing Italian innovative start-up company, either through a capital increase or a purchase agreement; or
• by making a philanthropic donation of at least EUR1 million to an Italian non-profit registered entity to support a project of public interest in one of the following sectors – culture, research, management of immigration, renovation or restoration of natural or artistic assets.

There are three fundamental requirements for a successful golden visa application. 

• First, before submitting the visa application, the applicant must select a single Italian company or qualifying entity as the recipient of the investment when applying for the nulla osta issued by the Investor Committee of the Ministry of Economic Development. Once the nulla osta application has been submitted, this choice cannot be changed.
• Second, the applicant must demonstrate that the funds intended for the investment, whether in cash or liquid financial assets, are legally owned by the applicant, immediately available for the investment and derived from lawful sources. To evidence this, it is essential to provide a letter from the bank or financial intermediary holding the funds, confirming compliance with the anti-money laundering standards established by the Financial Action Task Force (FATF), using the model letter provided by the Ministry. For this reason, it is advisable to verify in advance that the relevant financial institution is willing to issue such a letter.
• Third, the investment should only be completed after both the nulla osta has been granted by the Investor Committee and the visa has been issued by the Italian Consulate. 

With regard to accompanying family members, the investor may include a spouse, minor children and parents over the age of 65, provided that the parents have no other children in their country of origin who are able to support them. 

The investor visa leads to the issuance of a residence permit, does not require the holder to become either a tax resident or civil resident of Italy, permits employment and business activities in Italy, may be renewed indefinitely provided the investment is maintained, and can be converted into other categories of residence permit. 

Digital Nomad Visa (Article 27, Paragraph 1, let. q bis, Italian Code on Immigration)

The most innovative and attractive visa route is the digital nomad visa, which allows employees or freelancers with clients or employers in countries other than Italy to obtain an Italian work visa and residence permit. This visa allows digital nomads to keep their jobs abroad, move to Italy and possibly also work for Italian entities or clients, or start a business in Italy. 

This visa category is particularly suited to the concept of unsponsored migration because, in most cases, the applicant's clients or employer are not based in Italy. Consequently, there is no Italian company or individual formally sponsoring the applicant’s admission to the country. 

The main requirements to apply for this visa are the following: 

• a university degree or several years’ work experience in a field that requires technical/specialised knowledge and the execution of non-manual tasks;
• a minimum annual gross income higher than EUR26,000;
• at least six months’ work experience within the field of the specific work activity that will be carried out in Italy;
• valid health insurance covering the entire period of stay in Italy (not longer than 12 months), which covers all types of necessary medical expenses or hospitalisations during the applicant’s stay in Italy;
• proof of the availability of suitable accommodation for the applicant’s stay in Italy, such as a hotel reservation or a lease agreement; and 
• an employment or collaboration contract, or a binding job offer, signed by both parties, if the employee or worker has a continuous professional collaboration contract with the same company.

See also 1.2 Upcoming Policy Changes to find out more about this visa option. 

Start-Up Visa

As a general rule, non-EU directors and/or majority shareholders of new Italian companies cannot obtain an Italian national visa as such. 

However, foreign nationals interested in incorporating a new and highly innovative company in Italy (a start-up) can present a project to a specific committee of the Ministry of Economic Development and Made in Italy. 

If the project is approved, a nulla osta is issued, and the non-EU national will be in a position to apply for a start-up visa, then enter Italy with the visa, obtain a residence permit and incorporate the company. 

What is a start-up in Italy?

In Italy, start-ups are registered and kept within a special registry of the Chamber of Commerce upon verification of specific requirements. Most importantly, in Italy, a start-up has to meet the following requirements:

• its core business is the “development, production and commercialisation of innovative goods or services of high technological value” (it is noteworthy that innovative means or systems of production are also accepted to meet this requirement); 
• it will not distribute dividends for the first five years of its activities; and 
• it satisfies one of the following:
1. it assigns at least 15% of its expenditure to research; 
2. at least one-third of the team is made up of PhD students or graduates and researchers; or
3. it is the owner, filer or licensee of a patent, industrial property right, or original software registered at the Italian Society of Authors and Publishers (SIAE).

Who can apply for a start-up visa?

In order to apply for a start-up visa, the applicant has to comply with the following.

• They must present a detailed start-up project, including a business model, the kind of services or goods to be produced or delivered, innovative technological aspects, and the target market.
• They must have at least EUR50,000 to develop the start-up project. Venture capital funds, funds from incubators or other investors, the investor’s own finances, funds deriving from crowdfunding or other funds granted by the Italian or a foreign government or non-government bodies are accepted. The bank or financial institution where the funds are deposited will have to sign a statement certifying the client/visa applicant’s compliance with anti-money laundering standards. The ownership of EUR50,000 as an available sum to start the project may in any case be considered insufficient depending on the type of project and the expected necessary investments to make it credible. Therefore, the economic resources available for the investment must be consistent with the nature and specifics of the business project. 
• They must have received an income of at least EUR8,500 during the previous financial year.
• They must have a CV and professional experience in line with the start-up project.
• They must show knowledge and awareness of the Italian market in the field of the intended business activity. 

The start-up requirements in Italy and the extensive leeway for discretionary assessment regarding the strength and credibility of the project by the deciding committee make this type of visa difficult to obtain. 

Moreover, non-EU entrepreneurs who intend to obtain a visa based on their highly innovative entrepreneurial project cannot incorporate the start-up before the issuance of the nulla osta. Given that the authorisation process alone may take two to three months, in addition to approximately one month typically required to prepare the application, the overall waiting period before business activities can commence can be considerable and may act as a significant deterrent for prospective applicants.

No information has been provided in this jurisdiction.

Many non-EU nationals can travel to Italy and the wider Schengen area without a Schengen visa or any other type of authorisation.

However, most non-EU nationals need a Schengen visa to enter the Schengen area. The nationalities that are exempt from this visa requirement or those which are not can be checked here.

In certain specific circumstances, remote working has become a recognised basis for an Italian national visa application.

See 1.2 Upcoming Policy Changes and 2.2 Pathways to Permanent Residence to find out more about this visa option.

There is no language requirement to apply for any type of national visa in Italy. 

The above general rule has two caveats, however. 

• The first one is that student visa applications based on pre-enrolment in an Italian-intensive language course require intermediate knowledge of the Italian language at the time of the visa application. This requirement, imposed by Italian consulates in the context of student visas for those wishing to study the Italian language in Italy, was deemed legitimate by the Italian Administrative Tribunal. 
• The second caveat is that the Italian permanent residence permit can be obtained only by those foreign nationals who have had a residence permit for at least five years, have been both a civil and tax resident in Italy for those five years, and have reached proficiency level A2 in Italian knowledge. 

All children younger than 17 years old who visit Italy are subject to the obligation to have vaccinations against the following: polio, diphtheria, tetanus, hepatitis B, pertussis, Haemophilus influenzae type b, morbilli, rubella, parotitis, and varicella.

In fact, the most effective enforcement means for the vaccination of children is that, by law, public and private kindergartens and nurseries may not admit unvaccinated children (Law No 119, 31 July 2017). 

The obligation to have vaccinations for the last four diseases on the above list is subject to re-evaluation every three years based on the latest data on national coverage and epidemic diffusion.   

In Italy, as a general rule, all employees must be paid a salary that meets the minimum threshold agreed upon and established, for each specific work field and level of tasks, by the most representative trade unions and employers’ associations at a national level. 

It follows that any visa application based on an offer of employment will be examined to verify that the offer complies with the applicable minimum salary. 

In addition, employers are required to demonstrate that their turnover is consistent with both their existing workforce and the number of foreign workers they intend to sponsor.

In addition to this, the issuance of visas for highly qualified work, and more specifically, the issuance of the EU Blue Card, is conditional on the offer of a minimum annual gross salary of EUR33,500 and on a preliminary check of possible available candidates already residing in the province where the company is based. The latter requirement is fulfilled by publishing an equivalent job post with the local job placement entity for at least 15 days. However, it is a mere formality because the employer is never bound to accept anyone’s candidacy.

See also 1.2 Upcoming Policy Changes and 2.1 Sponsor-Based Employment Visas to find out more about the EU Blue Card. 

According to the Italian legal framework on immigration, only one employer can sponsor the national visa application of a non-EU national. 

Joint sponsorship by more than one employer is not allowed. 

Visa Refusal

A foreign national can be denied a national visa to Italy (Article 4(3) and (6) of the Italian Code on Immigration) in the cases outlined below.

A person is considered a threat to public order or public security (in Italy or in any Schengen state)

The concepts of Public Order and Public Security are defined by relevant legislation (Article 159(2) of Legislative Decree No 112, issued on 31/3/98) as those fundamental public interests intended to safeguard the security and safety of citizens, peaceful civil coexistence, public institutions and bodies, and their assets.

According to established case law, the existence of one or more criminal convictions does not automatically mean that an individual constitutes a threat to public order or public security. Rather, the conviction or convictions must demonstrate personal conduct giving rise to a genuine and present threat to public order or public security. Such restrictions must be interpreted narrowly, as any prohibition constitutes an exception to the general principle of freedom of movement (CJEU, Judgment No 30, 27/10/1977, paragraph 28).

A Schengen state has entered an alert on the Schengen Information System (SIS)

A visa may also be refused where a Schengen state has entered an alert on the Schengen Information System (SIS) in accordance with its domestic procedures. Such alerts may be entered only where a third-country national is considered to pose a threat to public order, public security or national security, following an individual assessment of the circumstances (Article 24(1) of Regulation (EC) No 1987/2006).

Under Articles 24(2) and 24(3) of Regulation (EC) No 1987/2006, an alert may be entered where:

• the third-country national has been convicted to at least one year of detention (automatic);
• there are serious reasons to believe the third-country national has committed a crime (upon evaluation of competent national authorities);
• there are serious reasons to believe the third-country national has the intention to commit a crime in the territory of a Schengen state (upon evaluation of competent national authorities);
• the third-country national has received an expulsion order, an entry ban or a visa denial (upon evaluation by competent national authorities); 
• the third-country national has been convicted in Italy for serious crimes concerning smuggling, human trafficking, exploitation of prostitution, sexual violence, or drug trafficking;
• the third-country national has been convicted in Italy for other serious crimes listed in Article 380(1) and (2) of the Italian Code of Criminal Procedure (crimes for which one can be arrested while committing the criminal offence);

• the third-country national has been convicted for crimes concerning a breach of intellectual property, patents and copyrights (those crimes defined by Articles 473 and 474 of the Italian Criminal Code, and those foreseen by Law 633 of 22 April 1941, Title III, Capo III, Section II); or
• the third-country national has received an order of expulsion from the Italian State (Article 4(6) of TUI).

Consulate Checks

The Italian consulate checks and verifies that the visa applicant does not fall into any of the above categories by:

• verifying any information contained in the SIS;
• liaising with any Schengen authority that has entered information in the SIS;
• consulting the Italian Ministry of Foreign Affairs (when useful or relevant); and
• consulting any other official source available in the state where the visa applicant comes from; the Italian consulate may have access to criminal databases of the country of origin.

Clean criminal record certificates are required only for applicants seeking an investor visa. In such cases, the applicant must provide a recent criminal record certificate from every country in which they have resided for more than six consecutive months during the ten years preceding the application.

See 2.3 Unsponsored Work and Investment Visas to find out more about the golden visa option. 

Only the following visa applications require demonstration of a personal income and/or a certain amount of money available at the time of the application:

• elective residency visas;
• self-employment visas;
• digital nomad visas;
• start-up visas;
• investor visas; and
• student visas.

Visas for employment in Italy do not, in principle, require the visa applicant to demonstrate a previous income or a certain amount of money available at the time of the application.

Nulla Osta applications are submitted via a ministry web portal. The original (paper version) relevant documents will be required only upon arrival of the visa applicant in Italy in order to complete the procedure for obtaining the Italian residence permit.

Visa applications, which follow the issuance of the Nulla Osta, are usually submitted in person by the visa applicant at the premises of the Italian consulate competent for their area of residency abroad. At the time of the visa application, relevant official documents may be required in original and paper versions. 

However, in the post-COVID-19 period, only a limited number of consulates have continued to accept applications by post. Where postal submission is permitted, certain original documents may also need to be sent in paper format, depending on the specific visa category. 

In principle, visa applications can be submitted from all countries where Italy has an operating Italian consulate or an operating consular office at the Italian embassy.

In case of civil or international armed conflicts, or severe diplomatic crises, the above offices may be temporarily closed for all or some of their duties and functions, with the consequent closure of visa services as well.

The processing times of national visas vary considerably depending on the type of application, the relevant Italian consulate and the relevant authority issuing the nulla osta, when required. In addition, timeframes are not always predictable due to occasional delays or failure to comply with statutory deadlines by the relevant administrative authorities. 

The following estimated timelines are therefore based more on practical experience than on formal legal provisions. The estimated timelines include the average timeframe to be granted an appointment with the Italian consulate.

For a highly qualified employment visa, it usually takes: 

• between two to four months to be issued the nulla osta, a preliminary authorisation by a provincial office of the Ministry of Interior called a prefecture; and 
• from one week to one month for the issuance of the visa. 

For low-skilled employment visas, it can take: 

• up to six months to be issued the nulla osta by the prefecture; and
• around one month to be issued the visa. 

For golden visas, it usually takes: 

• around two months to be issued the nulla osta by a specific committee of the Ministry of Economic Development; and 
• around one to two weeks to be issued the visa.

For self-employment visas, it usually takes:

• around one month to be issued the nulla osta by the police; and 
• between one and four months to be issued the visa. 

For family reunification visas, it usually takes:

• from three to six months to be issued the nulla osta by the prefecture; and
• around one month to be issued the visa. 

For start-up visas, it usually takes: 

• between two and three months to be issued the nulla osta by a specific committee of the Ministry of Economic Development; and 
• around one month to be issued the visa.

For the elective residency visa (for retirees), it usually takes: 

• between one and three months to be issued the visa (there is no nulla osta requirement).

For student visas, it usually takes:

• between one and three months to be issued the visa (there is no nulla osta requirement).

For digital nomad visas, there is no available data, specific provision or experience at the time of publication because this type of visa was only introduced in April 2024. However, based on the generic applicable framework, the following timeframe is estimated: 

• between one and three months to be issued the visa (there is no nulla osta requirement).

Submitting a visa application generally requires the applicant to surrender their passport to the Italian consulate for the duration of the processing period. 

As a result, during the waiting period, the applicant is typically unable to travel outside their country of nationality or habitual residence, unless they hold dual nationality (and therefore possess a second passport) or are in possession of a diplomatic passport.

There are no formal mechanisms available to expedite an Italian visa application, even where applicants are willing to pay additional fees. In practice, any attempt to directly solicit the competent authorities is generally ineffective and may even prove counterproductive if made before the expiry of the applicable statutory decision deadlines. 

However, there is one type of visa application that, by law, should follow a prioritised track, namely the investor visa (or golden visa). To incentivise investments into Italian companies or government securities by non-EU nationals, the Italian legislature has set a maximum timeline of one month to decide on the nulla osta application, for the prioritisation of this visa application by Italian consulates. In practice, the nulla osta is usually issued within approximately two months of the application date and the visa is subsequently usually issued within around one to two weeks, including the time to obtain an appointment with the consulate. 

Application for a Residence Permit

After entry into Italy with a national visa, all potential immigrants have to apply for a residence permit within eight working days of their arrival. The application is submitted to the police by mail, using a specific postal service and an application set provided by most Italian post offices.

Signing a residence contract

However, before the submission of the residence permit application, all employment visa holders have to meet the prefecture and sign – together with a representative of the public office and their Italian employer – a so-called residence contract (contratto di soggiorno). Through this trilateral contract, the employer takes responsibility, under penalty of criminal sanctions, for:

• the truthfulness of the employment;
• the intention not to terminate the employment before its foreseen duration unless for legitimate reasons;
• the actual payment of the salary;
• the presence of suitable accommodation for the foreign national; and
• compliance over the due social contributions for all current (foreign or Italian) employees. 

In order to meet the eight-day deadline to apply for a residence permit, it is therefore important to request an appointment with the prefecture to sign the residence contract in good time.

Meeting with the police

After the residence permit application is submitted via the post office, the applicant will be given an appointment with the police station. The appointment is scheduled by a digital system based on the first available time slot of the public office. In some areas of Italy, the appointment can be fixed within several months of the application. During this time, the applicant is in any case legally staying in Italy due to the receipt of their residence permit application. 

During the appointment, the applicant will be required to show the following documents:

• their original passport with the visa;
• the original receipt for the application for the residence permit;
• four identical and recent passport-type photographs of the applicant;
• all available original documentation substantiating their application; and
• proof of available accommodation (hotel or rental agreement).

During this appointment, the applicant will also be fingerprinted. An interview is not usually conducted; however, the applicant may be asked to clarify aspects of the documentation submitted. Italian police usually have low/medium proficiency in the English language. Where the applicant does not speak either Italian or English, it is advisable for them to be accompanied by a person who can provide interpretation in Italian and who is familiar with the application process. 

Following the initial appointment, if the application is approved, the applicant will receive a text message notifying them of the date on which they may collect their residence permit from the same police station.

Public Fees for the Visa Application

All national visa applications, including employment visas, cost EUR116 (this amount in euros is converted into the currency of the applicant’s country of origin based on a quarterly re-calculation that takes into account the most recent exchange rate).

As an exception to the general cost, the national student visa application costs only EUR50. 

Public Fees for the Residence Permit Application

In addition to the cost of the national visa application, the applicant will have to pay for the residence permit application, which, as a general rule, is calculated as follows according to the Ministerial Decree of 6 October 2011:

• EUR30 for the expedition of the application to police headquarters;
• EUR30.46 for printing the residence permit; and
• EUR50/100, depending on the type of residence permit. 

Minors up to 13 years old are exempted from the first and last costs mentioned above; and minors up to 17 years old, as well as applicants seeking international protection, are exempted from the last cost listed above. 

With respect to the residence permit application, see also 4.6 Post-visa Requirements. 

Both the visa application and the residence permit application are subject to fees payable by the applicant. The employer may, at their discretion, choose to reimburse the employee for these costs. In many cases, however, the employer also covers the cost of legal assistance required to support and manage the visa sponsorship process for the non-EU worker they intend to hire, which typically represents the most significant expense.

The most common form of enforcement action is taken against individuals whose application for a residence permit, whether for first issuance or renewal, is rejected, or who are otherwise found to be residing irregularly in Italy. In such cases, the individual may be issued with an “expulsion order” pursuant to Article 13 of the Italian Immigration Code.

An expulsion order may be complied with voluntarily within a specified deadline. In certain circumstances, however, it may be enforced by the police through coercive measures.

Sponsors may also incur criminal liability and sanctions where they facilitate irregular immigration, including through the falsification of requirements under immigration law in order to obtain or extend national visas and/or residence permits. Any resulting criminal proceedings may lead to penalties, interim measures against the sponsor, and a prohibition on sponsoring further visa or residence permit applications.

A detailed analysis of the various criminal offences connected to immigration matters falls outside the scope of this overview. 

Italian employers sponsoring a work visa application in favour of a non-EU national have two main types of obligations, as outlined below.

Minimum Statutory Working and Safety Conditions

Employers must ensure that foreign employees are offered, and benefit from, the same minimum statutory working conditions and health and safety protections applicable to Italian or EU workers. These minimum standards are set out in national collective bargaining agreements concluded by the most representative trade unions and employers’ associations. In practice, most sectors in Italy are governed by at least one applicable national collective agreement.

Failure to comply with these minimum standards, as well as breaches of legal provisions relating to workplace safety or social security contribution obligations towards non-EU employees (as with any other worker), may result in administrative sanctions. Depending on the severity of the infringement, penalties may include fines, which are the most common sanction, temporary suspension of business activities, exclusion from tax incentives or public procurement procedures, and revocation of licences or authorisations required to carry out specific activities.

It is also important to note that breaches of health and safety regulations, particularly where they result in injury to workers, may give rise to criminal liability for the employer or any appointed person responsible for supervising safety procedures.

Intention to Employ

Employers sponsoring a visa application must have a genuine and substantiated intention to employ the non-EU national under the working conditions declared to the immigration authorities.

Submitting a false declaration of intent to employ a worker, solely for the purpose of facilitating the issuance of a national visa, may constitute the criminal offence of facilitating illegal immigration, giving rise to criminal liability and associated sanctions.

Any adult (18 years old or older) is allowed to apply for a work visa and work in Italy as per the immigration law rules and restrictions on these types of applications. 

There is no specific “right to work” check in Italy. 

Non-EU citizens holding an Italian national visa (or a residence permit) can sponsor a family visa (and residence permit) for their closest family members. 

In particular, the following family members are eligible according to the applicable legal framework: 

• spouse or partner of a civil union (gay registered partnership); 
• minor children (under the age of 18); 
• dependant adult children who cannot provide for themselves due to very serious health conditions; 
• economically dependent parents not older than 65 years old, as long as they do not have any other children in their country of origin or last residency; 
• parents over 65 years old, as long as they do not have other children in their country of origin or last residency, or those children cannot support them for reasons related to their health; and 
• the parent of a minor already legally residing in Italy. 

In principle, no visa category is excluded from the right of sponsoring a visa/residence permit to their close family members. 

“Family Reunification” Procedure

Non-EU nationals already residing in Italy with a residence permit who intend to apply for family reunification are required to have had an Italian residence permit for at least two years at the time of the application, with the exception of EU Blue Card holders, who are not subject to the two-year prior residency requirement.

“Accompanying a Family Member” Procedure

The aforementioned two-year residency requirement does not apply when the primary visa holder and their family members enter Italy at the same time. As opposed to family reunification, this procedure is called “accompanying a family member”.

All dependant visas issued to family members of the sponsor allow any type of work activity in Italy.