The Italian government has introduced a new opportunity of work permit in Italy for the entry of non-EU workers: this is the “out-of-quota” entry for foreigners who have already gained work experience with Italian companies, even abroad.
New category of Italian work permit (“Nulla Osta”)
The Italian Immigration Act provides for entries, out of the quota system for certain categories of workers.
Article 24, paragraph 5-bis, letter a) of Decree Law No. 75 of June 22, 2023, on Urgent provisions on the organization of public administrations, agriculture, sports, labor and for the organization of the Jubilee of the Catholic Church for the year 2025, converted, with amendments, by Law No. 112 of August 10, 2023, published in the Official Gazette on August 16, 2023, amended Legislative Decree No. 286 of July 25, 1998 (Consolidated Immigration Act) by inserting, in Article 27 paragraph 1, letter i-bis, which authorizes a new category of entry for:
(i-bis) workers who have been employees, for at least twelve months within the forty-eight months preceding the application, of companies based in Italy, or of companies participated by Italian firms, according to the results of the latest consolidated financial statements drawn up in accordance with Articles 25 et seq. of Legislative Decree No. 127 of April 9, 1991, operating in states and territories not belonging to the European Union, for the purpose of their employment in the offices of the aforementioned companies or companies present in Italian territory.
The provision thus introduces a new category of foreign individuals who can enter for work and stay in Italy outside of the quotas, through the issuance of the relevant work authorization (Nulla Osta). This category is thus not limited to the annual quota of quotas assigned to specific professional categories and productive sectors and offers more breathing space to Italian employers, who will have the possibility of more easily employing personnel already previously recruited by their own companies or by foreign participated companies.
Simplified procedure of work permit in Italy for certain employers
Article 24, paragraph 5-bis letter b of Decree Law June 22, 2023, No. 75, converted with amendments, also amended Article 27 paragraph 1-ter, which provides a simplified procedure for certain employers:
1-ter. The work authorization for foreigners indicated in paragraph 1 (a), (c) and (i-bis) is replaced by a communication by the employer of the proposed contract of stay for subordinate work, provided for in Article 5-bis. The communication is submitted electronically to the Immigration Office of the local prefecture – territorial office of the Government. The Immigration Office sends the communication to the “Questore” for verification of the non-existence of reasons preventing the foreigner’s entry in accordance with Article 31, paragraph 1, of the regulation referred to in Presidential Decree No. 394 of August 31, 1999, and, if there are no objections by the “Questore”, the approval is sent to the diplomatic or consular representation for the issuance of the entry visa.
It is specified, however, that this simplified procedure is applicable only to employers who have signed with the Ministry of the Interior – having consulted the Ministry of Labor, Health and Social Policies – a special agreement (“Protocollo di Intesa”).
Obtaining a residence permit
Foreigners holding a “Nulla Osta” for work under Article 27 paragraph 1 letter i-bis will be able to obtain the relevant work visa at the diplomatic representation (Consulate or Embassy) in their country of origin or permanent residence. Once they have obtained the appropriate visa, they will be able to enter Italy.
Within eight days of entering Italy, the foreigner must attend an appointment at the Immigration Office, together with the employer or their delegates, to sign the necessary documents and, at the same time, apply for the residence permit.
The residence permit must be requested from the Immigration authorities of the province where the foreigner intends to stay. In some cases, the application is made through authorized post offices.
To obtain a residence permit, it is necessary to submit:
- The application form;
- A valid passport, or other equivalent travel document, with the relevant entry visa, if required;
- A photocopy of the document itself;
- 4 passport-size photos, identical and recent;
- The necessary documentation for the type of residence permit required;
- A 16.00 euro revenue stamp.
The duration of the residence permit is as stipulated in the entry visa. For further details, have a look at our dedicated article on obtaining and/or renewing a residence permit.