Generally Italian visa are subject to quota limits established annually by flow decree issued by the President of the Italian Government. Exceptionally, the Italian immigration law provides for the following special visa that are out of the quota system and are subject to a fast track procedure:
EU Blue Card for highly qualified foreign workers (art 27 quarter Dlgs 286/98).
Managers or highly qualified staff seconded to Italy (art 27 letter A) of Dlgs 286/98).
Intra company transfer- ICT permit (art 27 quinquies of Dlgs 286/98).
For EU Blue Card the employee must have higher education qualification such as a University degree with a minimum duration of three years. The job offer shall be of not less of 1 year with salary of not less Euro 25,500/year. The permit is valid for a maximum duration of two years, renewable.
ICT and secondment to Italy apply to companies, having their headquarters abroad, asking for temporarily seconding their managers or highly qualified staff, who are not EU citizens, to a production unit of the same company or to another company belonging to the same group in Italy.
For Intra-company transfer, highly qualified personnel must have been employed by the seconding company for at least three months before the temporary transfer. It is valid for a maximum duration of three years for managers and highly qualified staff and for a maximum duration of one year for graduated trainees. Not renewable. The owner of an Italian ICT permit can enter in other EU member state without visa and work at a production unit of the seconding company or at another company belonging to the same group for 90 days within a period of 180 days. For working periods of more than 90 days, it is required an authorization to stay of the EU country of destination.
For Secondment in Italy, highly qualified personnel must have been employed in the same sector for at least six months before the temporary transfer. The permit has a maximum duration of five years, not renewable. At the end of the temporary transfer, open-ended or fixed term hiring is possible within the host company.
The above special visa requires the following procedure:
1.The host company shall sign a Memorandum of Understanding, (Protocollo di Intesa), with the Italian Ministry of Interior.
2.The host company shall communicate through an online platform the terms of the proposed contract of stay to the competent italian immigration office.
3.The competent Italian Embassy or consulate issues the work visa.
4.Within 8 days of arrival in Italy, the foreign worker must apply for Residence Permit.
The whole above described procedure implies a significant reduction of processing time respect to other ordinary residence permit applications.
Avv. Lifang Dong and Avv. Chiara Civitelli
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