ITALIAN IMMIGRATION, CITIZENSHIP, RESIDENCY AND VISA PROCEDURES
I M M I G R A T I O N
ITALIAN IMMIGRATION PROCEDURE FOR WORK/BUSINESS PURPOSES
Italian immigration procedure for work or business purposes varies depending on the length of the foreign citizen’s intent to stay in Italy.
OPENING AN BUSINESS/OFFICE IN ITALY
We assist individuals and companies that wish to open an office/business in Italy. We provide full legal and professional support in the setting up of an office that can operate fully in Italy.
Short Term Stay
If the foreign worker needs to enter the country and carry out business activities for a short term period (less than 90 days), the following procedure is to be followed:
Business Visa Request
The Visa is the document that allows foreigners to enter the country. This document is released by the Diplomatic Italian Authority (Italian Consulate) in the citizen’s country of residence (local area). Usually the Visa is released in approximately 15 days from the application date. This timing may vary depending on the competent diplomatic authority to which the request has been filed.
Business Permit of Stay Request
Within eight days of entry into Italy, all foreign citizens are required to apply for the Permit of Stay which allows them to reside lawfully in Italy. The length and the reason justifying the Permit of Stay are usually conform with those on the Visa (i. e.: a 90 days Business Permit of Stay will be released for a Business Visa– Type C)
This kind of permit of stay allows the foreigner to travel around the Schengen territory for economic and commercial purposes, for a period of no longer than 90 days. According to this kind of procedure, the foreigner will be able to arrange contacts or agreements, to attend seminars, to verify the good functioning of products sold or purchased on the basis of commercial agreements or industrial cooperation.
Long Term Stay
If the foreigner needs, on the other hand, to work indefinitely in Italy, and to therefore remains in Italy for more than the 90 days period provided for the Business Permit of Stay, Italian Immigration Law mainly distinguishes between three kinds of foreign workers: subordinated workers, autonomous workers, and assigned workers
Subordinate workers (“lavoratori dipendenti”)
Subordinate workers (i.e. employees) are those whose services are hired by a company or an employer operating in Italy. The issuance of a Visa for “lavoro subordinato” is subject to the specific quotas released annually by the Government for the intake of foreign workers. The Italian company will need to obtain a work permit (issued by the Labor Office) in order to be authorized to hire the applicant.
Autonomous workers (“lavoratori autonomi”)
Autonomous workers are those who set up in Italy to independently work as a consultant or to practice a profession or to set up a company.
Under Italian Immigration Law, the Italian authorities must ascertain that:
- the foreign citizen is adequately qualified to practice his activity in Italy and has adequate resources;
- the authority in Italy regulating that activity has no objection to a work authorization being granted to the foreign citizen.
As stated above for the “lavoro subordinato”, any granting of a visa for “lavoro autonomo” is also subject to the specific quotas fixed annually by the government on the intake of foreign workers.
Assigned workers (“lavoratori distaccati”)
The “assignment procedure” can be followed when a worker is assigned to work in an Italian company for a fixed period of time, though remaining on the payroll of the foreign company. The Italian Immigration law provides for different kinds of assignment procedures depending on the relationship between the foreign and Italian company and the job to be carried out.
According to this procedure, the foreign worker can be transferred from the foreign Parent Company to an Italian affiliate. This kind of assignment procedure is applicable to highly specialized personnel or managers who have been in the foreign company’s payroll for at least 12 months.
Service agreement assignment
This procedure requires collaboration between the worker’s foreign company and the Italian company. Specifically, a service agreement between the two companies outlining the specific services that the foreign worker will carry out during his stay in the territory.
Highly qualified workers
This procedure allows companies or entities operating in Italy to transfer highly qualified workers in Italy for a determined period in order to carry out a specific task or activity.
Special categories of workers
In addition to the categories listed above, there are a number of special categories of workers who can work in Italy on assignment for temporary periods, e.g. journalists, sportsmen, artists, nurses, etc.
EU Registration for citizens of the European Union
- Organize, acquire, and control all the necessary documents for requesting registration
- Register individual(s) at Town Hall and attain the registration certificate.
Non EU Citizens
- Organize, acquire, and control all the necessary documents to obtain the work permit.
- Accompany and register individual(s) at the local police department.
- Professional and guided support when dealing with the Italian Consulate Abroad.
- Acquire Housing Certificate
TAX CODE SITE/ITALIAN IMMIGRATION INFO;
- In order to work legally in Italy you must have an Italian Tax Code (“Codice Fiscale”). This is provided as part of all our immigration programs.
NOTES; RESIDENCY – ITALIAN CITIZENSHIP – WORK/BUSINESS
- While Immigration levels already high, with no sign of decreasing, Italy finds itself as the 4th country of the EU for the number of immigrants arriving (after Britain, France and Germany) and is, for immigration, the leading country in the Mediterranean region. However, the country does not have a specific regulation relative to skilled workers. Multinational companies who are investing and living in Italy and need to bring into the country some highly executives and specialized personnel, do not find any facilitation other than the exemption from the “quotas” system. Industry associations and some political parties have pleaded, without success, with the Government to attribute the powers relative to “skilled worker” to special offices in order to create a quicker route for these workers.
- Since 1999 the legislation allows for immigration flows. Annual quotas are determined by the Government according to the needs of labor market. These quotas are established for:
- – some categories of workers, such as nurses and IT or communication specialists, while no more specific reference is made, for example, to engineers or computer/software programmers;
- – citizens of some specific countries (e.g. Morocco, Tunisia, Albania, etc.) rather than for particularly skilled categories of workers.
In order to be able to do many things in Italy such as open a bank account, purchase a car, sign up for the Italian Health Service, etc., you must be a registered at your local town hall as a resident of Italy. We can, through an accompanied visit, assist you to register as a resident.
V I S A S
- EU and certain non EU citizens (like U.S. and Canadian citizens) can simply enter Italy with a valid passport or equivalent travel document. Foreign citizens coming from other countries, including India are required to apply for an entry Visa, even if they are travelling for tourist purposes alone.
- ITALY IS A SIGNATORY OF THE SCHENGEN TREATY. THE TREATY PROVIDES FOR TWO DIFFERENT TYPES OF VISAS:
- National Visas – (NV) Type D This Visa allows the foreign citizen to move and reside in the territory of the specific Country for which the Visa has been requested, for periods over 90 days but no longer than a year – a period defined as a long term stay. This kind of Visa is released for specific purposes only, such as adoption, subordinated work, study, to mention but a few. The NV is not released for Business purposes.
- Uniform Schengen Visas – (USV) Type CThis Visa, on the other hand, allows the foreign worker to travel across any of the Schengen Countries for periods of no more than 90 days. This time period will begin from the citizen’s entry into the Schengen territory. The USV can be released for different reasons (i. e. tourism, study, subordinated work and also for Business purposes).
C I T I Z E N S H I P
We provide help in obtaining Italian citizenship for individuals who qualify to be a citizen of Italy. We will organize, acquire, and control all the necessary documents in order to obtain Italian citizenship. We will also accompany the individual requesting Italian citizenship to all the necessary public offices to register and to acquire all the relevant documents required.
With regards to “Iure Sanguinis” Italian Citizenship (Recognition of Citizenship by Descendent) the procedure you could follow with the assistance of our firm is the following:
1) PREPARATION OF DOCUMENTS AND ADVICE
Before coming to Italy, we can provide you with information and advise on your eligibility and the documentation you need in order to file the application for Italian citizenship.
2) DECLARATION OF PRESENCE
You can come to Italy and stay here for 90 days, applying for a Declaration of Presence at the main police station provided you have not already been in any Schengen* country for 90 days in the past 6 months.
* The 25 Schengen countries are: Switzerland, Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Greece, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Poland, Slovenia, Czech Republic, Slovakia, Hungary, Estonia, Lithuania, Latvia and Malta.
3) APPLICATION FOR RESIDENCY AND CITIZENSHIP
You can file your application with the local Municipality, presenting all the complete documentation required for citizenship (i.e., birth certificates, death certificates, marriage certificates, all duly translated and legalized). The Municipality will review the application in order to determine if citizenship can be granted.
4) LOCAL POLICE INSPECTION
Once you have registered in the Town Hall, the local Police will check your apartment and send a letter to the Town Hall, certifying that you are really living in Italy. This procedure will take about 15 days.
After the Police control, you will be granted the legal residency in Italy.
6) TRAVEL OUTSIDE ITALY
Once you have filed your citizenship application and you are resident in Italy you can also travel abroad during the 90 day period in which you are allowed to live in Italy as a visitor (with a power of attorney we can follow your file with the local authorities and inform you if they need your presence in Italy).
7) CITIZENSHIP PROCESS
Once you are resident, the Italian Municipality will send an official communication of your Italian Citizenship request to the competent Italian Consulates (where your ancestors used to live) requesting information about your ancestors (whether they had renounced Italian citizenship) and on your eligibility for Italian citizenship.
8) CONSULATE ANSWER
Normally after 15 to 40 days the Italian Consulate gives an answer to the Italian Municipality.
The citizenship is granted immediately once the Italian Municipality receives an answer from the Consulate.
10) PERMIT OF STAY
In case the procedure will take more than 90 days (the period you are allowed to live in Italy as visitor), you can apply for a Citizenship Permit of Stay that will allow you to exceed the 90 days and stay in Italy until the citizenship is granted.
We will assist you through every step detailed above. The whole process, if there are no complications with your eligibility, documentation and Consulate answer, can be completed in 2-3 months.
N.B. Please be advised that in other Town Halls in Italy (especially in big cities like Rome and Milan) this procedure can take well over 1 year.
We can also assist in sourcing suitable accommodation during the stay in Italy as well as any other service related to the Citizenship process.