Visa and residence permit for Non-EU workers employed by a holding company or an affiliated company located outside the EU: Art. 27, paragraph 1, letter i bis of the italian immigration act

Thanks to the regulatory changes introduced over the past year, Italian companies now have a new opportunity to add foreign personnel to their workforce: the visa and residence permit provided under article 27, paragraph 1, Letter i bis of the italian immigration act.

Effective from May 2024, this new provision allows for the hiring of non-EU workers without numerical quotas and without the requirement of high professional qualifications, offering much broader opportunities compared to traditional non-quota visas.

Main access requirements

• International corporate connection: The Italian company intending to apply for the work authorization must have a main or secondary office (branch) outside of the EU, or control (or be controlled by) a holding company, or hold at least 20% of the capital of a foreign company.
• Previous work experience: The worker must have gained at least 12 months of work experience, within the four years prior to the application, at the branch or foreign company linked to the Italian company.

This type of visa thus focuses on the existing professional relationship between the worker and the corporate group, bypassing the traditional requirement for high-level qualifications needed for other non-quota visas.

Contractual options

It is not necessary for the worker to still be employed by the foreign company or branch at the time of the visa application; it is sufficient that the worker was employed for at least one year within the four years prior to the submission of the work authorization request.

Whether the worker is still employed at the foreign company/branch at the time of application will determine the type of employment relationship the Italian company can establish once the worker enters Italy.

Specifically, two scenarios may apply:

• International secondment: If the worker is still employed by the foreign entity at the time of application, they may be temporarily seconded to Italy, maintaining their employment contract with the original employer. The secondment can last up to three years without interrupting the foreign employment relationship.
• New employment in Italy: If the worker is no longer employed by the foreign company at the time of application, the Italian company will need to hire them directly under a local employment contract. 

Procedural steps

1. Application for work authorization: The Italian company submits a request to the competent Immigration Single Desk (Sportello Unico per l’Immigrazione), which reviews the application.
2. Visa application: Once the work authorization is granted, the worker must apply for a national work visa at the Italian Consulate in their home country.
3. Entry into Italy and signing of the residence contract: Within 8 days of entering Italy, the worker and the employer must sign the residence contract at the Immigration Single Desk. After signing, the process for the issuance of the residence permit begins, which includes fingerprint collection and the issuance of the residence document.

The initial residence permit will be valid for one year and can be renewed according to the applicable regulations.

Your Way to Italy: our assistance

Our team is available to assist you with visa and residence permit procedures for non-EU workers and, more broadly, with Italian immigration and citizenship law matters.#YourWaytoItaly

The content of this article is intended to provide general guidance on the subject. It is essential to seek specialized advice in relation to your specific situation.