Corporate immigration in Italy: visa and residence permit options for non-EU companies and workers

Italian and foreign companies wishing to hire or transfer non-EU personnel to Italy can benefit from specific "non-quota" visas and residence permits, i.e. those not subject to the annual numerical limitations of the quota mechanism set forth by the "decreto flussi".

These legal instruments, governed by Article 27 of Legislative Decree 286/1998 (Consolidated Immigration Text), facilitate the entry of highly qualified workers or those involved in international projects.

By utilizing these tools, foreign and Italian companies can, at any time, without having to wait for certain time windows to open and without worrying about possible limitations on the number and/or type of workers, obtain work permits to employ or transfer non-EU personnel to Italy.

1. EU Blue Card (Article 27 quater of Legislative Decree 286/98)

The EU Blue Card is intended for highly qualified non-EU citizens who wish to be hired directly by an Italian employer.

Requirements for obtaining this type of visa and work permit include:

• university degree or equivalent professional experience

• job contract or offer with a minimum duration of 6 months

• annual salary of at least approximately €35,000, in no case less than that stipulated by the National Bargaining Agreement (CCNL) applicable to the company intending to hire the worker.

The EU Blue Card also allows for family reunification as an exception to the provisions introduced by Legislative Decree 145/2024 (therefore, without having to wait two years of legal residence in the country) and mobility within the European Union. To learn more about the characteristics and requirements for obtaining the EU Blue Card, we invite you to read the dedicated page on our website.

2. Intra-company transfer (Art. 27 letter a) and Art. 27 quinquies (Legislative Decree 286/98)

For temporary transfers of personnel between companies within the same group, Italian legislation provides for two types of visas and residence permits outside the quota:

• Art. 27 letter a): for managers or highly specialized workers employed for at least 6 months in the foreign company

• Art. 27 quinquies: for transfers of highly qualified workers or trainees, with an employment period of at least 3 months in the parent company

A fundamental requirement for obtaining this type of visa and residence permit is the existence of a corporate link between the transferring company and the receiving company, which must be demonstrated by public documentation, duly legalized and translated into Italian.

The maximum duration of an intra-company permit according to Art. 27 quinquies is 3 years, while in the case of a permit according to Art. 27 letters a) the permit may be issued for a period of 2 years, renewable for up to 5 years, and the worker may be directly hired by the Italian company even after the end of the first secondment period. For more information, please read the dedicated page on our website.

3. Transfer for international service contracts (Art. 27, letter i, of Legislative Decree 286/98)

This type of visa and residence permit allows foreign companies to send non-EU workers to Italy within the framework of service agreements with Italian counterparts . A high level of specialization is not required for the personnel sent, but such personnel must be necessary for the execution in Italy of the activities planned within the context of the international contract relationship.

The permit has an initial duration of 2 years, renewable for another 2 years, provided the contract is still valid. To learn about the requirements and conditions for applying for this type of visa and residence permit, we invite you to read the dedicated page on our website.

4. Van der Elst Permit (Art. 27, paragraph 1-bis, Legislative Decree 286/98)

According to European jurisprudence, this type of residence permit allows non-EU workers, already regularly employed and resident in another European Union Member State, to be temporarily transferred to Italy without a visa or authorization within the framework of an international service agreement. The procedure is simplified compared to other types of residence permits; notification of entry to the Immigration Office is sufficient, without prejudice to the need for the posting company to provide prior notification of the posting in accordance with Legislative Decree 136/2016.

For more information on this type of residence permit for non-EU workers, please read the dedicated page on our website

5. Permit pursuant to Art. 27 letter of Legislative Decree i-bis 286/98 for intra-company recruitment

Recently introduced, this type of visa and residence permit is dedicated to foreign workers who are or have been employed by companies operating in non-EU countries, headquartered in Italy, or owned by companies headquartered in Italy. To qualify for this work permit, the applicant must have completed a period of service of at least 12 months (partial or split) in the 48 months prior to the application.

Conclusions

These tools represent strategic opportunities for companies operating internationally, facilitating the mobility of qualified personnel and the transfer of know-how. "Out-of-quota" residence permits represent a strategic opportunity for Italian and international companies wishing to leverage human capital from non-EU countries, without being subject to the numerical limits imposed by the decree on flows.

Instruments such as the EU Blue Card, intra-company transfers, and service agreement work permits offer flexible and targeted avenues to attract skilled workers, facilitate global mobility and support the competitiveness of the Italian production system. Proper application of these rules, combined with careful legal and administrative planning, can become a real competitive advantage for companies operating internationally.

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The content of this article is intended to provide general guidance on the subject. It is essential to seek expert advice regarding your specific situation.