The Italian immigration law is primarily governed by legislative decree 286/1998 “Consolidated Immigration Law” and Presidential Decree No. 394/1999 and subsequent amendments.
Specifically, Italy allows entry for reasons of subordinate or self-employment within the framework of entry quotas, except for some specific cases.
In quota work permit
What is the quota for a work permit?
The “quota” system refers to the regulation of entry for non-EU foreign workers, based on a maximum number of entries allowed each year. The term “quotas” indicates the maximum number of subordinate, seasonal or self-employed workers authorized annually to enter Italy to meet labor demand.
After the application phase, the Ministry of Labor and Social Policies distributes these quotas at a local level. The authorities distribute quotas based on market needs, after consulting with Labor Inspectorates, regions, and autonomous provinces.
Extra quotas entries
Additionally, Article 27 and following articles of the Consolidated Immigration Law provides for a series of categories of workers who can receive the work permit authorization outside the quota system.
These mainly consist of specialized workers, invited to perform specific job titles, or fill managerial positions. Such categories of workers can apply for entry at any time of the year, as they are not subject to numerical limits.
In quota work permit: Flow Decree
What is the flow decree?
The regulation of migration flows in Italy is governed by two acts. First, there is a three-year planning documents, which defines the general criteria for defining flows into Italy. Second, there is an annual document that determines the maximum quotas of foreigners who can enter Italy for subordinate, seasonal or self-employed work.
What is the new flow decree in Italy?
Starting with the 2023-2025 period, authorities introducted a new procedure. They decided to merge the two documents into a single, three-year act.
This single act is a Decree of the President of the Council of Ministers (D.P.C.M.). It defines both the determination of quotas for each individual year of the three-year period and the general criteria for defining flows during that timeframe.
In determining the general criteria, the analysis of labor market needs it considered.
Is Italy getting a work visa for 2026?
The categories of eligible workers and the operational procedures for submitting an application vary based on the specific D.P.C.M.
For the 2026-2028 three-year period, the government will admit a limited number of workers belonging to specific productive sectors:
- 164.850 units for the year 2026;
- 165.850 units for the year 2027;
- 166.850 units for the year 2028.
Ultimately, the aim is to guarantee the essential workforce for the national economic and productive system that would otherwise be unavailable.
What does it mean if you can furnish a work permit?
The work permit application is responsibility of the Italian employer, or foreign employer legally residing in Italy. They shall submit it by filling out the specific form provided on the Ministry of Interior’s Service Portal. To access the portal, they need SPID (Public Digital Identity System) credentials. Employers can choose an authorized respresentative who will submit the application on their behalf.
Accordingly, the employer can pre-file the application during the periods established in the relevant D.P.C.M. Once correctly pre-filled and accompanied by all the required supporting documents, employers shall send the application during the designated clickdays.
Flows decree procedure
Joint Note No. 8047/2025 has defined the operational procedures for years 2026-2028.
The note clarifies the methods for submitting applications, the distribution of quotas, and the issuance of the work permit.
Application submission
After having identified a suitable candidate who accepted a job offer, the employer must submit the work permit application.
Employer may submit, as private users, up to maximum three applications for subordinate work permits for each year of 2026-2028. This limit does not apply to employer organizations and authorized professionals.
Evaluation phase
After the application submission, there is an evaluation phase. During such phase, the Ministry of Labor and Social Policies distributes the quotas and assigns them at provincial level.
Should the authorities identify significant unused quotas, they may redistribute them. The reallocation is based on the actual needs of the labor market, while respecting the overall maximum limit.
What is quota approval?
When the authorities allocate a quota to a submitted application, the local immigration office will release the work authorization. The immigration office will electronically send the “nullaosta” to the relevant diplomatic representation.
Based on the work authorization, the worker can apply for the visa at the appropriate embassy or consulate.
Authorities will communicate to the employer the completion of the visa assessment. The employer must then confirm the work permit application within a specific period of time, to allow the visa release.
Entry into Italy and hiring procedure
Within eight days from arrival, workers will sign the stay contract which the employer must return to the immigration office.
To finalize the hiring procedure, the employer must ultimately send the mandatory hiring notification.
Flows decree required documents
The documents required for the application vary depending on the specific case and the relevant sector.
Generally, the application must contain the following documents:
- Employer’s details
- Worker’s details and proposed employment contract
- Company registration certificate and employer’s single tax return form
- Company financial statements and the certificate of contributions regularity
- Housing suitability certificate
- “Asseverazione” document
- “ANPAL” form
Housing suitability
This is a document that attests the habitability of the accommodation where the foreign worker will reside. Specifically, it certifies that the housing meets the minimum health and sanitary requirements.
Furthermore, the certificate specifies the maximum number of occupants allowed to live in the premises. Employers must attached the certificate to the application. However, the actual certificate will be used only later, at the signature of the contract of stay.
“Asseverazione”
For all sectors indicated by the flows decree, employers shall submit a document called “asseverazione”. This is a technical declaration that certifies the employer’s economic capacity and, consequently, their compliance with the contractual requirements.
As provided by article 44 of decree-law 73/2022, the “asseverazione” can be issued by authorized professionals. These include labor consultants, lawyers or certified public accountants and auditors. Alternatively, it may be issued by employer organizations.
This document serves to confirm that the employer possesses the financial stability necessary to hire the worker. Its purpose is to prevent fictious employment.
“Anpal” form
Finally, for all entries for non-seasonal subordinate work, the employer must conduct a preliminary verification at the local employment center.
The verification is carried out by completing the Anpal form. It aims to ascertain the unavailability of workers already present within the national territory. Should the employment center not communicate workers’ availability within a specific period of time, the requirement is considered fulfilled.