New type of work permit for international group of companies

After several months of waiting, it is finally possible to apply for the nulla osta for foreign workers of non-EU companies that are subsidiaries of, or participated by, Italian companies

Among the novelties introduced in the Italian Immigration Law during 2023 with the "P.A. bis Decree" there is also a new letter "i-bis)" of art. 27, which allows workers who have been employed for at least 1 year over the last 4 years prior to the request, by companies based in Italy or by companies in which these companies have a participation, operating in non-EU territories, to request the nulla osta for their employment in the Italian company outside of the quota system referred to in the flows decree.

This novelty, aimed at simplifying the transfer to Italy of workers from companies belonging to, or participated by, Italian companies, had initially remained dead letter, but things have changed: the form for requesting the nulla osta on the basis of the above-mentioned rule is now available on the website ‘Portale Ali’. In fact, the Ministry, up until it is ready an independent "LDE form" exclusively dedicated to art. 27 lett. i-bis), has included in the ICT form the possibility to flag the new box "LDE form" when entering the data relating to the foreign company.

Please note that the rule we are talking about is not aimed exclusively at highly specialised workers, so much so that it is now possible to indicate “other” with regard to the professional profile of the foreign worker. It has also been indicated, on the same website Portale Ali, what additional documentation must be attached in order to proceed with this request, specifically: (i) financial statements of the applicant company/consolidated financial statements, and (ii) self-certification regarding the total duration of the applicant's employment at the foreign location(s).

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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.