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ITALY: New Intra Company Work Permit Guidelines and the 2017 Quota Announced for Non-EEA Foreign Workers

27 Mar

The Italian Ministry of Labor and Social Policies issued official guidelines for the implementation of European Union Directive 2014/66, commonly referred to as the Intra Company Transferee (ICT) Directive. The goal of this directive was to promote Intra EU Mobility and streamline ICT Work Permit requirements across the EU member states.

This directive was discussed in greater detail in our 2014 Foster Immigration Update©, EUROPEAN UNION: EU DIRECTIVE 2014/66 ESTABLISHES SIGNIFICANT CHANGES TO INTRA‐COMPANY TRANSFER WORK PERMIT PROCESSES, and at our recent Spring 2017 Foster Immigration Update© Seminar.

Guidelines Announced for Italian Implementation of the EU Intra Company Transferee Directive

Holders of a valid ICT Work Permit issued by certain EU member states may now temporarily work in Italy for up to ninety (90) days in any 180-day period. There is similar reciprocity allowing Italian ICT Work Permit holders to work temporarily in another EU member state depending on the status of that country’s implementation of the directive. A work permit will still be required for longer assignments.

Additionally, ICT Work Permit applications can now only be filed for assignments longer than ninety (90) days. ICT Work Permits may be issued and extended for up to three (3) years for managers and specialists and one (1) year for trainees. At the end of this period, the foreign national must depart the country and wait three (3) months before applying for a new ICT Work Permit.

The new guidelines also impose government processing deadlines. Italian immigration authorities are now required to adjudicate applications and issue work and residence permits within 45 days of filing. An expedite procedure has been introduced for Italian companies who frequently file ICT Work Permits.

Quota Announced for Non-EEA Foreign Workers Permitted in Italy for 2017

Italy also announced the annual quota for the 2017 fiscal year for Work Permits issued to foreign nationals from outside the European Economic Area (EEA). Immigration to Italy is generally based on a quota-system set annually by a decree that enumerates the amount and categories of available visas. In 2017, a maximum of 30,850 Italian Work Permits are available to foreign workers from outside the European Economic Area (EEA), which is similar to the quota numbers in recent years.

There are several categories of work permits for which the quota does not apply, including the European Blue Card, intra-company transferees, university lecturers and professors, translators and interpreters, and professional nurses.

Foster will continue to track the implementation of this EU directive and changes to Italian immigration laws impacting work assignments of foreign nationals. We will make information about further developments available in future Immigration Updates© and on our firm’s website at www.fosterglobal.com.