An amendment to Article 27 of the Italian Consolidated Immigration Act, introduced by the January 27th, 2022, Decree-Law, introduced the possibility for highly skilled workers who wish to move to Italy from non-EU countries to be eligible for a special visa for remote workers and digital nomads.
After a long wait, the government recently clarified the operating procedures and requirements for obtaining such a visa, thus counting Italy among those countries that can welcome modern “digital nomads”.
What is a Digital Nomad Visa?
Originating as an unexpected phenomenon of the global pandemic caused by Covid-19, remote work has become increasing popular, so much so that governments in some countries have introduced new legal structures to allow the entry and stay of this workers’ category.
The digital nomad visa is, in fact, a type of visa for those workers who can perform their duties and work activities remotely. Since they do not have to be physically present at their employer’s premises, digital nomads can move freely. They can, therefore, rely on the Internet to communicate with clients and colleagues.
As a result of regulatory changes in some countries, it is now possible for these workers to work and live in those countries while complying with the labor and immigration regulations in force in the destination country.
Can you live as a digital nomad in Italy?
The Italian government introduced the visa for digital nomads and remote workers in a Decree published on January 27th, 2022, and later converted into law in March 2022, following some amendments to the January publication; this decree is known as Decreto Sostegni ter, and it contains a number of support measures for companies affected by the Covid-19 pandemic.
Article 6-quinquiens amends Decree Law 286, of July 25th, 1998, (TUI, Unique Immigration Text), adding to Article 27 a new paragraph named q-bis, which is addressed to digital nomads and remote workers from outside the European Union.
To apply for a Digital Nomad Visa, travellers must:
- Be non-EU citizens (EU citizens are not required to apply for a visa);
- Fall into the category of highly skilled workers;
- Be able to work remotely using technological tools;
- Work as self-employed or for a company based outside Italy.
Therefore, workers who must perform their duties at the employer’s location are not eligible for this visa type. However, they can apply for other types of Italian visas.
With the recent Decree of Feburary 29th, 2024, published on the Official Gazette on April 4th, 2024, the Italian government finally outlined the procedures for digital nomads and remote workers to enter Italy.
The decree, in fact, introduced the procedures and requirements for the visa issuance, defining the categories of highly skilled workers eligible for the relevant residence permit. It also outlined the applicant’s minimum income limits and the procedures for checking the work activity.
How to get a digital nomad or remote worker visa in Italy?
The new decree foresees that applicants won’t have to apply for a Nulla Osta (i.e. prior authorization issued by the Ministry of Labor). This exemption simplifies the application process by reducing the processing time for this specific visa.
In addition, a further advantage of the digital nomad and remote worker visa is that those who wish to apply for it do not have to comply with the limitations of the so-called “Decreto Flussi”, that is the decree that limits the number of foreigners who can apply for a work visa.
What categories of workers qualify for the visa?
Are eligible for the visa all non-EU citizens who carry out highly skilled work through the use of technological tools that enable them to work remotely, independently or for a company – including companies located outside the Italian territory.
In the event that such workers intend to carry out the work activity in Italy, entry and stay for periods longer than 90 days are allowed outside the quotas. However, entry and stay for periods shorter than 90 days will also require the issuance of a digital nomad and remote worker entry visa.
Finally, the new decree clarifies some important definitions, namely:
- Highly qualified work activity is defined as the activity carried out by the foreigner who meets the requirements of Article 27.quater, paragraph 1, of the TUI (see also the requirements for the Italian Blue Card)
- A digital nomad is defined as a foreigner who carries out self-employment activities through the use of technological tools that enable remote work
- A remote worker is defined as a foreigner who, through the use of technological tools that enable remote work, carries out subordinate work or collaboration activities in the modalities set forth in Article 2, paragraph 1, of Legislative Decree 81/20215.
What other requirements apply to digital nomads and remote workers?
Article 3 of the new decree sets out the requirements for obtaining a visa and the related residence permit. These requirements include the possession of:
- A minimum annual income from lawful sources not less than three times the minimum level provided for exemption from participation in health-care costs
- A health insurance for medical treatment and hospitalization valid in Italy for the entire period of stay
- Appropriate documentation related to housing arrangements
- Prior experience of at least 6 months in the work activity to be performed as a digital nomad or remote worker
- Employment or collaboration contract or the relevant binding offer – in case of remote workers – for the performance of a work activity that requires the possession of one of the characteristics set forth by Article 27 quarter, paragraph 1 of the TUI
- Declaration signed by the employer or client – accompanied by a copy of an identification document – certifying the absence of criminal convictions against him or her, in the last 5 years, for offenses referred to in Article 22, paragraph 5-bis of the TUI (including aiding illegal immigration to Italy and illegal emigration from Italy to other states).
In both the case of entry as a digital nomad and entry as a remote worker, the Nulla Osta is not required.
Duration of the residence permit and family reunification
Within 8 days of entering Italy on a digital nomad visa, the foreigner must submit an application for the relevant Italian residence permit.
Pursuant to Article 4 of the new decree, this residence permit will bear the wording “digital nomad – remote worker” and it will be issued for a period not exceeding one year but with the possibility of yearly renewal, if the conditions and requirements that allowed issuance continue to be met.
The residence permit may be revoked in certain cases, such as if the relevant tax and social security provisions are not complied with. If, following verification by the competent police headquarters, the employer or client is found to have been convicted in the last 5 years for offences referred to in Article 22, paragraph 5-bis, of the TUI.
Finally, the holder of a digital nomad visa is allowed to family reunification as per Article 29 of the TUI. Family members are issued a residence permit of the same duration as that of the worker.
Social security requirements
For digital nomad or remote workers visa holders subject to the social security legislation of a non-EU country, the provisions of the bilateral social security conventions in force between Italy and the third country concerned apply. In the absence of such conventions, instead, the social security and insurance regulations provided by the Italian law apply, in relation to the duration of the residence permit.
Finally, digital nomads and remote workers will be assigned a tax code directly by the police headquarters. Digital nomads will also be required to open a VAT number.