Self-employment visa and residence permit for directors and auditors of Italian companies

Art. 26 of Legislative Decree 286/98 includes among the visas and residence permits for self-employed workers that which can be requested by non-EU citizens who are appointed as members of corporate bodies of a company operating in Italy: a foreigner who, in fact, joins the corporate bodies of an Italian company (S.r.l., S.p.A. or S.a.p.a.) can obtain a visa and residence permit for self-employment.

This type of visa and permit for self-employment is subject to the numerical limitations of the "flow decree".

A residence permit for self-employment is usually issued for a duration of 1 year and is renewable as long as the conditions for issuance are maintained.

Who can apply for it?

The visa and residence permit for self-employment for directors and auditors can be applied for by the non-EU citizen who:

i.                is appointed as a member of the management body (director / CEO) or auditing body of an Italian company that has been operating for at least 3 years and guarantees the same remuneration for the performance of the activity on a self-employed basis

ii.               has suitable accommodation in Italy

iii.             has economic resources above the minimum level established by law for exemption from social allowance (8,500 euros)

The procedure in a nutshell

Here is what to do to apply for a visa and residence permit for self-employment as a member of the management or auditing body of an Italian company:

1. obtain the authorization (nulla osta) and certification of financial parameters from the territorially competent Chamber of Commerce

2. obtain provisional authorization (nulla osta) from the territorially competent Police office

3. produce documentation proving the fulfillment of housing, income and appointment requirements as director or auditor of the Italian company

The visa application must be made to the Italian Embassy or Consulate in the foreign country of residence, which has full discretion over its issuance. In the event that the process is successful, and the self-employment visa is issued, the holder must enter Italy and within 8 days apply for a residence permit and attend the fingerprinting appointment at the local Police office following which they will be summoned to collect the residence permit.

Benefits of obtaining a self-employment visa and residence permit

Holders of a visa residence permit for self-employment may, by demonstrating presence in Italy for at least 5 years, residence and a reasonable income, apply for an EU long-term residence permit and, upon reaching 10 years of residence in Italy, proceed to apply for Italian citizenship by residence.

Your Way to Italy: our assistance

Our team is available to provide support and assistance throughout the process! Contact us to book your first consultation with us and to start the process to obtain a self-employment visa and residence permit! #YourWaytoItaly

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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