SCHENGEN VISA FOR BUSINESS – BUT WHAT "BUSINESS"?

Non-EU nationals having the citizenship of a third country not exempt from the visa requirement for short stays (up to 90 days per 180 days), if they want to enter the Schengen area - and therefore also Italy - for business purposes, they must apply for a uniform Schengen (C) short-stay visa at the Italian Consulate or Embassy before embarking on their trip.

What is meant by "business"?

Italian law does not provide a precise definition of "business" but some references can be found in Interministerial Decree 850/2011 - the so-called "Visa Decree" under which a business visa is issued to those who intend to travel for "economic-commercial purposes, for contacts or negotiations, for learning or verification of the use and operation of capital goods purchased or sold within the framework of commercial contracts and industrial cooperation". The same Visas Decree specifies that for foreigners traveling on business "invited to Italy by an enterprise operating in the national territory, for contacts, economic or commercial negotiations, for learning or verification of the use and operation of machinery purchased or sold within the framework of commercial contracts and industrial cooperation with Italian enterprises or for related professional updating, for visiting the facilities of the Italian company, or for participation in exhibitions or trade fairs in Italy, the application for the issuance of an entry visa must be accompanied by a "declaration of invitation" signed by the Italian entity or company itself, indicating the period and reason for the requested stay, as well as the activity to be carried out by the invited foreigner".

Thus, there is a lack of a precise definition of what is to be meant by "business" activity, a circumstance that inevitably leaves room for interpretation: for this reason, in order to avoid problems in case of inspections and sanctions by Italian authorities - considering that the performance of work activities in Italy is possible only for those who have a residence permit that qualifies them to work - we recommend particular attention to the activities to be carried out in practice before embarking on a business trip to Italy and the Schengen area.

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