Intra-company Transfer pursuant to article 27(a): Nulla osta for international secondment

Intra-company Transfer under the Italian Immigration System

The intra-company transfer is one of the mechanisms that allows multinational companies to temporarily assign qualified personnel to an Italian branch belonging to the same corporate group. Italian immigration law provides specific procedures for this type of international mobility, enabling companies to employ highly skilled workers without being subject to the limitations established by the Decreto Flussi.

The Italian legal framework distinguishes between two different authorization schemes, each designed for specific categories of workers and governed by separate legal provisions.

Italian legislation provides for two different legal frameworks for the international secondment of employees: the intra-company transfer under Article 27(a) and Article 27-quinquies.

Nulla osta pursuant to Article 27(1)(a)

This category is governed by Article 27, paragraph 1(a) of the Italian Immigration Consolidated Act (Testo Unico sull'Immigrazione) and applies to executives and highly qualified employees who are temporarily transferred to an Italian company belonging to the same corporate group as the foreign employer or within the framework of a joint venture.

This procedure applies to personnel holding managerial or executive positions, such as executives and middle managers, employed by companies with headquarters or branches in Italy, or by representative offices of foreign companies whose activities are primarily carried out in countries that are members of the World Trade Organization (WTO).

One of the main advantages of this authorization is that it is exempt from the annual entry quotas, allowing companies to plan international transfers without waiting for the opening of the Decreto Flussi.

Procedure for obtaining the Nulla Osta for employment

The administrative process for an intra-company transfer generally consists of three main stages.

1. Submission of the Nulla Osta application

The Italian host company submits the application for the employment nulla osta to the competent authorities, together with the documentation required to demonstrate compliance with the legal requirements.

2. Application for the entry visa

Once the authorization has been granted, the employee submits an application for a work visa at the Italian Embassy or Consulate having jurisdiction over their place of residence.

3. Entry into Italy and issuance of the residence permit

After obtaining the visa, the employee may enter Italy. Within eight working days of arrival, the procedure for obtaining the residence permit (permesso di soggiorno) must be initiated.

The administrative procedure generally involves several authorities, including the Sportello Unico per l'Immigrazione, the post office, and the competent Questura. Processing times for the residence permit may vary considerably depending on the province and the workload of the relevant authorities.

Conclusion

The intra-company transfer is an essential tool for international companies wishing to relocate qualified personnel to their Italian offices. The possibility of benefiting from procedures exempt from entry quotas, together with the specific legal frameworks established under Italian and European legislation, makes this mechanism particularly advantageous for promoting employee mobility within corporate groups and ensuring organizational continuity in international operations.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.