“Van der Elst" residence permit for Italy: what it is and how to apply

The "Van der Elst" permit, governed by Article 27, paragraph 1-bis of Legislative Decree 286/98, is intended for non-EU workers who are already legally employed in another European Union country. It is used when these individuals need to be temporarily posted to Italy as part of a contract for services or work.

Duration and renewal

• Initial validity: up to 2 years

• Renewal: possible up to a total maximum of 4 years, provided that the contractual relationship remains active

Who can apply?

To be eligible, the worker must:

1. Be employed by a company based in another EU member state

2. Have a valid employment contract with that company

3. Be transferred to Italy by an Italian company under a service or work contract

4. Have resided in the other EU member state for at least 3 months

At the end of the posting period in Italy, the worker must return to the EU country where they are employed.

Simplified procedure

A work authorization (nulla osta) is not required. Only three steps are needed:

1. Notify the unified immigration desk (SUI) of entry — no visa required

2. Within 8 days of entering Italy, book an appointment at the SUI to sign the residence contract and the integration agreement

3. Apply for the residence permit and complete the procedure with fingerprinting at the local police headquarters (Questura)

4. Collect the residence permit once it is ready

Additionally, the company sending the worker must comply with Legislative Decree 136/2016 by submitting the Posted Worker Declaration.

Fun fact: the origin of the name

The name of this residence permit comes from a landmark legal case: in 1994, Belgian citizen Raymond Van der Elst transferred some non-EU employees of his Belgian company to France without additional permits. The EU Court of Justice ruled that no further requirements could be imposed in such cases, laying the groundwork for the principle we know today.

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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.

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.