Work Permit in Italy for Foreigners: service agreement case

The work permit in Italy for foreigners in the case of service agreement is a type of work permit issued outside the quotas established each year by the Flows Decree. It applies to non-EU workers invited to Italy to perform services under a procurement contract between an Italian contracting company and a foreign contractor company.

The case must qualify as a genuine secondment linked to a service provision, not as an illicit workforce supply. To ensure this, both companies involved must meet specific legal and organizational requirements.

Who can apply for work permit in Italy

Legal Basis

The current regulatory framework also allows for work permits to be obtained in the case of procurement subcontracting between several companies: in this case, the final customer who has contracted the work to the contracting company is required to provide it with a statement authorizing it to subcontract the work to the foreign contractor company.

Pursuant to Art 27 paragraph 1 letter i) of TU nr 286/1998, Italian company that outsources services to a foreign company may apply for a procurement contracting work permit. Specifically, the Italian contracting company (or its professional delegate) must submit the application. The foreign company must carry out the work independently, that is, using its own employees.

Subcontracting Cases

Current rules also allow the permit in cases of procurement subcontracting. The final client must issue a written authorization permitting the contracting company to subcontract the work to the foreign firm.

Eligible Workers

In particular, the application concerns non-EU employees who:

• already work for the foreign contractor company;

• receive regular payment from their employer;

• are temporarily posted to Italy for the project;

• have an employment relationship that lasts at least as long as the posting.

How to submit the application for a work permit in Italy

Communication to trade unions

As a first step, the Italian contracting company must first notify the relevant provincial trade union bodies of its intention to use non-EU personnel.

Submitting the application for the nulla osta

As a second step, the company submits the nulla osta request through the Ministry of the Interior’s dedicated portal by filling out the appropriate M form.

The filling of the M form requires the inclusion of detailed information about the Italian contracting company and the procurement contract, such as:

1. Copy of the identity document of the employer/legal representative or person delegated by notarized power of attorney. Note that if the employer is a foreign national legally residing in Italy, a copy of the valid residence permit will need to be submitted;
2. Copy of the communication referred to in point 2.1
3. Copy of the procurement contract or subcontract containing: the subject of the contract, the place of execution of the work, the duration of the contract and the workers to be used, the agreed remuneration for the execution of the work, name identified by the contracting company as the safety officer
4. Copy of the D.U.V.R.I. (Single document on the assessment of risk from interference) for the operating unit/site at which the workers will be employed
5. In the case of subcontracting: copy of the subcontracting authorization issued by the prime consignor;
6. Housing suitability certificate: the housing suitability certificate must be requested at the municipality where the housing is located and submitted to the immigration office. If, on the other hand, the employer prefers the worker to stay in a public facility, such as a hotel or residence, an accommodation letter is sufficient.

It is also necessary to submit information and documentation from the contractor company, such as:

1. Documentation showing that the foreign company is registered with the corresponding foreign court/chamber of commerce;
2. Copy of the foreign company’s financial statements;
3. Copy of the passport of the legal representative of the foreign company and the workers to be transferred to Italy;
4. Posting letter from the posting company signed for acceptance by the workers;
5. Certificates of social security coverage referred to in Section 3.2.

If part of the documentation is drawn up abroad, including the procurement contract or subcontract and the letter of secondment, such documentation must be legalized for use in Italy and translated into Italian.

Authorities issue the work permit in Italy

If the authorities approve the application, they issue the nulla osta. The system also sends the authorization to the Italian diplomatic mission, where the worker applies for a visa to enter Italy.

Type of work permit 

Maximum duration of the posting

The work permit in Italy covers the time strictly needed to complete the contract, up to 2 years. However, the company may request an extension, justified by the prolonged duration of the project. However, the total posting period cannot exceed 4 years. 

Further obligations

According to Legislative Decree 136/2016, the worker must receive at least the minimum wage established by the relevant Italian collective agreement (CCNL).

In addition, the company must check if Italy and the worker’s home country have a bilateral social security agreement. If not, the employer must apply the Italian regulations on contributions and insurance.

Obligations upon entry into Italy

Application for residence permit

Within 8 days of arrival, the worker must visit the Sportello Unico per l’Immigrazione to register and submit the residence permit request.

Appointment for fingerprinting and issuance of the residence permit

After sending the postal kit and signing the Stay Contract, the worker receives an appointment for fingerprinting, usually scheduled a few months later, and must appear in person. The final residence permit is issued 30–40 days after fingerprinting.

Duration and renewal of the residence permit

The residence permit:

• lasts as long as the posting;

• is renewable only if the nulla osta is extended;

• requires the worker to return home when the project ends.

The worker cannot:

• perform different work or services;

• work for another company;

• convert this permit into a standard employment permit.

The case of non-EU workers posted by EU companies (Form M2)

If the workers are employees of an EU-based company, they do not need a nulla osta. The Italian contracting company must simply submit a communication through Form M2 via the Ministry’s portal. For more information, please view our dedicated article.

For more information on other types of Italian work visas, take a look at our complete guide on Italy Work Visa.