Over the past few months, Italian authorities have introduced changes to Italy's immigration environment.
Over the past few months, Italian authorities have brought changes to Italy's immigration landscape by updating the conditions of existing residence permits and the associated application process, and by creating new categories of work and residence permits. These changes were introduced by:
The so-called “Cutolo” Decree (Decree Law No. 23 of March 20, 2023, translated into Law No. 50 of May 5, 2023). The so-called “PA bis” Decree (Decree Law No. 75 of June 22, 2023, converted to Law No. 112 of August 16, 2023). and Legislative Decree 152 of 18 October 2023, which brings into force the Blue Card Directive n. EU/2021/1883.
Hire before signing the stay contract
The Cutolo Decree enacted important changes regarding work permits. Due to the detention situation that may occur in some authorities and the large number of foreigners, there is a time limit between the time a worker enters Italy with a work visa in his passport and the conclusion of a residence contract at the competent immigration office. Given that it can take a significant amount of time, we have made important changes to the process for booking requests. Foreign workers who entered Italy with a work permit (nulla osta) for employment purposes are now allowed to start working even before signing a residence contract at the local immigration office. Ta. This applies to both in-quota and non-quota entries, including EU Blue Card, ICT and similar categories, where Nuraosta is not required based on the Memorandum of Understanding between the employer and the Ministry of Labor and Social Affairs. also applies. Policy and Home Office.
This new provision will directly benefit employers who find foreign workers as new employees suitable for their activities. While waiting for the bureaucratic formalities to be completed, the foreign worker can be officially employed and start working, thereby applying for a work permit on behalf of the foreign worker and applying for the work permit as soon as possible. The employer's intention to start working is realized. .
Switching study permit
The Cutolo Decree also includes changes regarding non-UE nationals who wish to come to Italy to complete their education and enter the Italian labor market.
Amendments have been introduced to the regulations for study residence permits, allowing their holders to change their residence permits on the grounds of study outside the quota system without being subject to numerical restrictions.
Furthermore, the possibility of changing the residence permit for study purposes even before completing the course of study in Italy has been introduced, allowing foreign workers who have not yet completed their studies in Italy to enter the labor market. became.
New possibilities for “excess quota” entries
The so-called “PA bis Decree” introduced a new type of residence permit by adding the letters “i-bis” to Article 1, Paragraph 1. 27 of Legislative Decree 286/1998: New work and residence permits aimed at specific (and new) groups of applicants.
This new type of work permit allows workers from non-EU countries who can come to Italy having already gained work experience (at least 12 months in the last four years) in an Italian company or in a company associated with an Italian company abroad. Targeted. I work for a parent company or affiliated company in Italy.
The idea behind this permission is to reward the resources that the Italian group has spent on developing the skill sets of its employees through its overseas subsidiaries and affiliates, and to give these employees who have experienced the overseas company environment a local It's about allowing them to apply what they've learned. Directly in Italy.
However, we are still waiting for practical guidance through interministerial communication on how this new residence and work permit will be enacted and how the acquisition process will work, right down to the necessary supporting documents. I'm waiting for your instructions. This certainly presents new opportunities for foreign workers to operate in Italy.
new EU blue card
A final novelty to note is the significant changes made to the EU Blue Card discipline with the effect of Legislative Decree 152/2023. Finalizing the implementation process of EU Directive 2021/1883, the Italian Council of Ministers introduced on 17 July 2023 a series of amendments aimed at simplifying the existing discipline and making it more attractive The draft legislation was approved. Third-country nationals who wish to be directly employed by an Italian company and have a highly qualified job in Italy will not only be required to comply with the conditions for agreeing to this residence and work permit, but also the process itself. Masu. In practice, this legislation replaces the amendments introduced by the EU Directive with the provisions of the Blue Card and provides for several changes. especially:
Regarding the reference frame for job classification, we will move from the first three levels of ISTAT to the first five levels of the National Qualifications Framework according to Legislative Law No. 13 of 2013 published in Official Gazette No. 20 of 2018. Applicants who demonstrate relevant field experience may also qualify if they can demonstrate each of the following: For professionals and specialists, five years of professional experience at a level comparable to a higher education qualification; , or 3 years of professional experience obtained in the 7 years prior to application as a manager in the field of information and communication technology. International protection holders, non-EU family members of EU nationals exercising their right to movement, and seconded residents under Article 27 Quinque will also be able to access the Blue Card. The minimum period of the employment relationship will be reduced from 12 months to 6 months, and the period during which a worker must carry out the same type of activity will be reduced from 24 months to 12 months. The minimum wage will be changed from three times the medical exemption amount to “at least the amount in the collective bargaining agreement applied by the most representative labor organization.”
moreover:
EU Blue Card holders are now permitted to engage in self-employment activities alongside the sub-activity for which they originally obtained their Blue Card. An EU Blue Card holder who has been granted permission by another EU Member State to migrate to Italy and has completed a regular stay of 12 months in her previous EU Member State instead of 18 months. You will be able to obtain an Italian blue card. This is in addition to other entry provisions for Blue Card holders issued by other EU member states. If the family reunification requirements are met and a complete application is submitted at the same time, a residence permit for the family member will be issued at the same time as her EU Blue Card. Employers no longer need to check the availability of workers already existing in their territory with the employment center serving their jurisdiction. The process of recruiting and hiring employees during unemployment has also been simplified.
This “new” EU Blue Card will come into force on 17 November 2023. However, even though some of these changes have sped up and simplified the “normal” process, there is still a lack of necessary information about the steps and requirements needed to obtain a card. He obtains an EU Blue Card for workers who do not have university qualifications but have a certain (and demonstrable) amount of experience. If not directly implementing regulations from the government, you are probably waiting for interministerial legislation to be posted on the websites of the respective agencies of the Department of the Interior, Department of Labor and Social Policy, and Department of Foreign Affairs and International Cooperation. .
Just as we believe that the recently introduced new disciplines will improve the chances of foreign workers entering and working in Italy, this brief overview of the new features recently introduced in Italian immigration law will help I hope this article is useful for readers.
For more information on corporate immigration in Italy, read LCA Studio Legale’s contribution to ICLG – Corporate Immigration 2023.
