Visa and residence permit for international procurement contracts under Article 27(i): how does it work?

Article 27, paragraph 1, letter i) of Legislative Decree No. 286/1998 regulates a specific type of entry into Italy for non-EU citizens employed within the framework of international procurement contracts. This procedure allows Italian companies to temporarily make use of foreign workers employed by overseas companies entrusted with carrying out specific works or services.

This entry channel operates outside the annual quotas established by the Decreto Flussi and applies when the activity performed constitutes a genuine provision of services. The legislation cannot, in fact, be used for purposes amounting merely to the supply of labor. The foreign company must retain organizational autonomy in the execution of the contract and must employ personnel who were already lawfully hired before the application is submitted.

The application for authorization (nulla osta) must be submitted by the Italian contracting company, or by an authorized professional representative, through the Ministry of the Interior’s online portal by completing Form M. Before filing the application, the Italian employer is required to notify the relevant trade unions of its intention to employ non-EU workers within the framework of the contract.

The application must include the procurement or subcontracting agreement, documentation relating to workplace safety, proof of the availability of suitable accommodation for the foreign workers, and the corporate documents of the foreign company. Of particular importance are the company’s registration with the business register in its country of origin, the identification documents of the workers involved, and the secondment letters signed by the parties. All documentation issued abroad must be legalized or apostilled and translated into Italian.

Once the review procedure has been successfully completed, the One-Stop Immigration Desk (Sportello Unico per l’Immigrazione) issues the authorization and forwards the measure to the competent Italian diplomatic mission, where the worker may apply for the entry visa.

The duration of the authorization corresponds to the period necessary to carry out the activities envisaged by the procurement contract. Generally, the secondment may not exceed two years, but where necessary for the completion of the works, an extension may be requested up to a maximum overall duration of four years.

During the period of stay in Italy, the seconded worker must benefit from the economic and regulatory conditions provided for under Italian law and the collective bargaining agreement applicable to the relevant sector. It is also necessary to verify whether international social security agreements exist between Italy and the worker’s country of origin in order to determine the correct contribution regime.

Within eight days of entering Italy, the foreign worker must appear before the competent One-Stop Immigration Desk to sign the residence contract and initiate the application for the residence permit. Subsequently, the worker will be summoned by the Police Headquarters (Questura) for fingerprinting and completion of the administrative procedure.

The residence permit is issued for a duration corresponding to the period authorized by the nulla osta and may be renewed in the event of an extension of the procurement contract. It is important to note that this type of residence permit may be used exclusively for the activities indicated in the authorized application and cannot be converted into an ordinary subordinate employment permit.

A particularly significant aspect concerns the proper management of transnational secondment from both an inspection and social security contribution perspective. Italian authorities carefully verify that the employment relationship with the foreign company is genuine and that the transfer to Italy is temporary in nature. For this reason, it is essential to prepare all contractual and administrative documentation required by law with precision.

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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, and Paolo Grassi, Trainee of LCA Studio Legale.