Non-EU citizens who intend to enter Italy to carry out artistic activity must have an appropriate residence permit allowing such work activity.
Specifically, an artist visa allows foreigners to enter Italy, for a short or long stay, for the purpose of exercising their artistic activity. The application procedure for an artist visa is defined by Italian immigration law and requires the possession of certain basic requirements.
Italy artist visa
The correct procedure to follow for the entry of foreign artists into Italy varies depending on the nationality of the artist, the type of employment relationship (employed or self-employed) and the length of stay.
EU artists
Citizens with EU, EEA or Swiss passports who intend to carry out artistic activities in Italy do not need special work authorizations, regardless of the type of work activity.
In fact, under current European regulations, civil registration formally constitutes a residence permit for these citizens and gives them the right to legally reside in Italy. Registry registration is compulsory if they exceed 90 days of stay in Italy, and for a correct procedure, we invite you to consult our article on the documents required for registry registration of EU citizens.
That said, to conduct a business activity in Italy, it is necessary to open a special VAT number in order to pay direct and indirect taxes, as for any Italian citizen.
Non-EU artists: Entry for employment
As for non-EU citizens, however, it is necessary to apply for special work authorization and entry visa.
Legislative Decree No. 286/98 – the so-called “Consolidated Immigration Act” (TUI) – provides a special channel, outside of the Flows Decree, for a whole range of workers employed in the entertainment sector – so-called “Special Cases.” Specifically, Art. 27 of the TUI stipulates that the following categories of citizens can enter for work purposes at any time of the year and outside the quotas provided for in the annual flows schedule:
- Workers employed by circuses or traveling shows abroad (Art 27, c. 1, lett. L)
- Artistic and technical personnel for opera, theater, concert, or ballet performances (Art 27, c. 1, lett. M)
- Dancers, performers, and musicians to be employed by entertainment venues (Art 27, c. 1, lett. N)
- Artists to be employed by theatrical or film music organizations or by public or private radio or television companies, or by public entities, as part of cultural or folkloric events (Art 27, c. 1, lett. O).
For such categories of employees, the employer may apply for a Nulla Osta for entry at any time.
Non-EU: Entry for self-employment
Artists who intend to be self-employed, on the other hand, are granted visas only within the entry quotas established by the Flows Decree for the relevant three-year period.
For the three-year period 2023-2025, the Flows Decree allows entry for self-employment only to foreign artists of clear reputation, or of high and well-known professional qualification, and artists or groups hired by well-known theatrical entities, R.A.I., well-known private television stations or public entities of special significance.
Nulla Osta for artists
Workers in the entertainment industry referred to in Article 27(1)(l), (m), (n), (o) of the TUI can therefore be hired at any time of the year, outside the quotas, but subject to the issuance of the work permit (Nulla Osta).
The application procedure for the Nulla Osta for the categories of workers covered by the special cases is defined by Article 40 of Presidential Decree 394/99.
How do I get an artist visa for Italy?
The employer must first send the application for Nulla Osta to the Ministry of Labor and Social Policy, using the forms published on the institutional website of the General Directorate of Active Labor Policies.
The application must also be accompanied by a certificate attesting to the professional or trade qualification, which must be issued by a state school or public body, or other institution authorized according to the law in force in the state where such qualification was obtained. This certificate must be duly legalized for use in Italy according to the legalization procedure currently in force.
Only for workers employed by circuses or traveling shows abroad, the trade certification may also be issued by the employer where the foreign worker is employed, provided it is translated into Italian and legalized in the country where the circus or traveling show is located. The qualification of such workers can also be certified by the Italian National Circus Organization Association.
The Nulla Osta, which includes the tax code, is then issued to the foreign worker, who will be allowed to work in the national territory only if he or she has an entry visa, issued by the Italian diplomatic representation on the basis of the aforementioned Nulla Osta (with the exception of short-term stays).
Entry requirements for self-employment
The entry requirements and conditions for self-employment (long-term stays) of artists in the entertainment industry are those defined by the Interministerial Decree of May 11, 2011, namely:
- A copy of the self-employment contract, with a notarized signature of the manager, business license holder or legal representative, guaranteeing the worker compensation in an amount higher than that stipulated in national contracts for categories of employees with similar qualifications.
- A copy, in the case of long-term stays, of a formal declaration of responsibility, issued in advance or sent by the principal or his legal representative to the competent Provincial Labor Directorate, stating that by virtue of the contract entered, no employment relationship will be established. For workers employed by circuses or traveling shows abroad, the declaration is issued by ANPAL.
- Provisional Nulla Osta for entry purposes issued by the territorially competent Police Headquarters.
- Availability of suitable accommodation, which can also be documented by exhibiting hotel reservations, by means of a declaration made by the foreigner in accordance with Articles 46 and 47 of Presidential Decree No. 445 of December 28, 2000, or by means of any declaration made in accordance with the same regulations by the contractual counterpart, stating that it has made suitable accommodation available to the visa applicant.
For entry visas for self-employment in the entertainment industry related to short-term stays, on the other hand, a copy of the contractual document will suffice.
It should also be noted that, as established in Circular 54/2000 of the Directorate General for Employment, in view of the specificity and professionalism recognized to self-employed artistic work, the remuneration to be paid to such workers must be higher than that provided for in the national contracts for employees with similar qualifications, considering all the days included in the period of stay in Italy.
Special procedure for short stays
Italian law then provides two special procedures for artists, whether employed or self-employed, who intend to stay for less than 90 days.
Self-employed workers: stay of less than 90 days
Pursuant to Article 40, paragraph 15, of Presidential Decree 394/99, artists who are self-employed for a short period of time and, in any case, less than 90 days, are issued entry visas outside the quotas, with the constraint that the artists concerned may not carry out activities for a producer or patron of entertainment other than the one for which the visa was issued.
Such workers are also not eligible for the conversion of a residence permit for different reasons, in line with Circular 54/2000 of the Directorate General for Employment.
Subordinate workers: stay of less than 90 days
To the rule of the necessary issuance of the Nulla Osta to work prior to the entry of the foreign subordinate worker into the national territory, two exceptions are provided for under Article 27, Paragraph 2 of the TUI, for cases where they are:
- artistic personnel
- non-artistic personnel to be used for periods not exceeding three months
Such workers may not change their field of activity or job title.
Visa and residence permit for artists
Once the Nulla Osta has been received, the worker must go to the Italian diplomatic representation present in his or her home state to apply for an entry visa. Entry into Italy must take place within the validity period of the issued visa.
Once in Italy, the worker will have to report to the Sportello Unico Immigrazione, within 8 days of entry, to sign the residence contract and simultaneously apply for the residence permit.
Duration of residence permit
Pursuant to Article 40, paragraph 14, of Presidential Decree 394/99, the Nulla Osta and the related residence permit are issued for an initial period not exceeding 12 months, unless extended.
In the case of dancers, artists, and musicians to be employed at entertainment venues, the extension may be granted, on the basis of documented needs, only to allow the show to close and exclusively for the continuation of the employment relationship with the same employer.
Workers who have entered Italy to carry out subordinate work in the entertainment industry may not, in any case, change their sector of activity or employment status unless their title is converted.
Procedure for extending the Nulla Osta
Pursuant to Article 40, Paragraph 13 of Presidential Decree No. 394/99, the employer is allowed to request the continuation of the employment relationship. This request must be submitted before the expiration of the employment period, to ensure the continuity of the relationship.
The competence to issue extensions is vested in the Provincial Directorates of Labor, and “extension” is understood to be the request for an extension of the original work authorization in favor of the foreign worker for the purpose of the continuation, in the employ of the same employer at the same place of work and without interruption, of the current employment relationship.
The extension of work authorization may also be issued in favor of non-artistic personnel used “for periods not exceeding three months” pursuant to Article 27, Paragraph 2 of T.U. No. 286/98, provided that the authorized work periods do not exceed a total of three months. The extension may be granted for additional periods, not exceeding six months, until the completion of the production of the show for which the foreign worker had been requested.
Conversion of self-employment permit
As specified in Circular 54/2000 of the Directorate General for Employment, no preclusion is placed on the transition of a worker in the entertainment sector who intends to perform self-employment when regular work authorization has already been issued in his favor for another sector, having thus used the quotas set forth in Article 3 of T.U. No. 286/98.
On the other hand, as far as the exercise of subordinate work activities is concerned, specifying what is provided on the subject by Article 14 letter b) of the Implementing Regulations of Presidential Decree No. 394/99, the worker, who has carried out or is carrying out self-employment activities in the entertainment sector and intends to carry out subordinate work there, is subject to the ordinary regulations on authorization for subordinate work in the entertainment sector and, therefore, to compliance with all the procedures for the entry and employment in Italy of subordinate workers in the entertainment sector.
Finally, according to Article 6, comma 1-bis of the TUI, residence permits for subordinate artistic work referred to in Article 27, paragraph 1, letter m, n, o, are convertible into residence permits for work purposes. This article does not apply to workers employed by circuses or traveling shows, whose residence permits continue to be unable to be converted.
