Van der Elst residence permit for Italy

Among the residence permits available outside the "flow decree" system, there is a residence permit intended for non-EU workers who are already legally working in another EU Member State and need to be temporarily transferred to Italy as part of a work or service contract: residence the permit under Art. 27 paragraph 1bis of Legislative Decree 286/98, so-called "Van der Elst".

This residence permit can be issued initially for a maximum of 2 years and renewable up to a maximum of 4 years, as long as the work or service contract is still in place.

Who can apply for it?

This type of residence permit is exclusively dedicated to non-EU workers who are already regularly employed and working in an EU Member State and, under a work or service contract between the posting EU company and an Italian company, need to be temporarily transferred to Italy.

At the end of the posting period in Italy, the worker must return to the other EU country.

The procedure in a nutshell

In this specific case, the procedure is simplified: in fact, it is not necessary to obtain a work authorization (nulla osta), but simply submit an entry communication to the Single Desk for Immigration (“Sportello Unico per l'Immigrazione” (SUI)) and then enter Italy without having to apply for a visa. Upon arrival, the following 3 steps must be completed:

1.    attend an appointment at the SUI, to be requested within 8 days from entrance, to sign the contract of stay and integration agreement

2.    apply for the residence permit and undergo the fingerprinting procedure at the Police Headquarters (“Questura”)

3.    pick up the residence permit once ready from the Questura

PLEASE NOTE: foreign companies posting workers to Italy as part of a contract of employment are subject to the obligations set forth by Legislative Decree 136/2016, that entails sending a prior notice of the posting ("Posted Worker Declaration").

Benefits of obtaining a permit under Article 27 paragraph 1bis "Van der Elst"

Family members of holders of residence permits under Article 27 paragraph 1bis "Van der Elst" lasting at least 1 year are entitled to family reunification.

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 the Van der Elst 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.