Italy moves toward approving new ICT permits

23 Dec 16

ITALY

IMPACT – MEDIUM

What is the change? Legislators have drafted a bill that will create a new intra-corporate transferee work permit, as Italy moves toward fulfilling the requirements of a 2014 EU directive.

What does the change mean? Once approved, the bill will provide eligible non-EU nationals with intra-corporate transferee permits that allow them to work in Italy and in one or more EU country, in accordance with the provisions set forth by the relevant member state.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: Intra-corporate transferee permits.
  • Who is affected: Non-EU nationals in positions as managers, specialists or trainees who are being transferred within the same corporate group to offices or subsidiaries in Italy.
  • Impact on processing times: End-to-end processing may take three months or more. It will take up to 45 days for companies to apply for an ICT permit on behalf of a worker who is residing in a non-EU country. From that point, the non-EU national must apply for a visa to travel to Italy, which may take up to 10 days. Upon arriving in Italy, the ICT worker must apply for a residence permit, which may take an additional 45 days.

Next steps: The bill must be approved in Parliament and published in the Official Gazette before it can be implemented. The current draft of the bill is available on this website.

Key points: The legislation has been introduced to move Italy into compliance with the EU’s Directive 2014/66/EC of May 15, 2014. The process for obtaining the new ICT permits will work as follows:

  • The Italian host company will file the application at the Immigration Office (Sportello Unico) and, once the application is filed, will have 10 days to provide any required supporting documents.
  • The immigration office will issue the permit within 45 days if requirements are met.
  • The ICT worker will then apply for a visa at the Italian Consulate at his or her country of residence.
  • The ICT worker travels to Italy and, within eight days of arriving, submits an application for an ICT permit of stay (permesso di soggiorno) at the appropriate Immigration Office.
  • Authorities will issue the ICT permit of stay within 45 days.

ICT workers with ICT permits issued by other EU countries will be permitted to work in Italy for up to 90 days before they must apply for an Italian ICT permit. ICT workers will be entitled to bring dependent family members for the entirety of their assignment in the country. The new legislation will not apply to students, researchers, autonomous workers or workers covered by separate provisions for posted workers.

BAL Analysis: Italy, like many other EU countries, missed the initial deadline for implementing the EU’s 2014 ICT directive, but the proposed change will ultimately make it easier for companies to move affected workers within Europe. BAL will continue to follow the legislation as it moves through Parliament and will provide updates as additional information become available. 

This alert has been provided by the BAL Global Practice group and our network provider located in Italy. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.