Conversion of a EU residence permit into an Italian residene permit

Italian Immigration Law provides for the conversion of a long-term EU residence permit issued by another member State into an Italian residence permit. The long-term EU residence permit can be converted into an ordinary work permit. For such purpose, the non-EU foreign national is required to provide evidence of having been offered a job in Italy providing a minimum annual salary of € 6.000,00, to which € 3.000,00 shall be added for each accompanying family member. Upon conversion, the Italian authorities issue ordinary residence permits – not long-term EU residence permits.

The Italian Immigration Law provides for several kinds of work permits. All work permits grant the applicant the right to request family reunion with his/her spouse and minor children. Under special circumstances, family reunion with parents and adult children is allowed as well. There are two categories of work permit:

1. Work residence permit (ordinary): residence permits subject to a Governmental cap. Every year, the Italian Government issues a specific Law measure called “decreto flussi” (flows decree), by means of which the maximum number of workers who can be admitted to Italy (cap) is provided. Such workers are divided into several categories (domestic workers and care attendants, employees, self-employed workers). Once the annual cap is reached, any further applications can be filed only upon issuance of the new flows decree.
2. Work residence permit (special cases): residence permits not subject to a cap. Applications for this particular kind of permit can be filed at any time and are reserved for highly specialized workers or executives.

This kind of residence permit falls under the ordinary permit category. The residence permit to be converted grants direct access to Italy. Therefore, the non-EU worker is not required to apply for an entry visa with the Italian Consulate. Upon granting of the residence permit, the foreign worker must attend a free 10-hour civic education course (integration agreement) in Italy organized by the Ministry of the Interior. The foreign national can choose the language of the course. The first work permit can have a 1-2 year’s duration and is renewable.

The holder of said permit is granted free access to Italian healthcare and to education for his/her children. Upon reaching of the retirement age, he/she will be entitled to the Italian pension. After 5 years of residence permit, the foreign national can convert his/her work permit into a long-term EU residence permit (formerly known as residence card), i.e. a permanent residence permit. Non-EU nationals can apply for the Italian citizenship and passport 10 years after the issuance of the first residence permit by means of application for naturalization by residence.

The procedure begins with the request of a work entry quota with the relevant Prefecture, under the procedure of conversion of a permanent residence permit into an Italian residence permit. Such request shall be submitted together with the documentation demonstrating that the applicant meets all requirements provided by Law. Upon verification of the availability of such quota, the Prefecture issues the applicant an attestation. After the issuance of such attestation, the foreign national can formalise the employment relationship in Italy and apply for a work residence permit.

The residence permit request procedure consists of 4 steps:

• Step 1 the non-Eu national must appear before the relevant Prefecture in order to collect the attestation providing evidence of the assignment of a work entry quota under the procedure of conversion of his/her foreign residence permit into an Italian permit and to sign the integration agreement.
• Step 2 The non-EU national must request a work permit by submitting his/her application with Poste Italiane (Italian Post Offices).
• Step 3 Following the application for residence permit, the foreign national will be issued a receipt providing the date scheduled for the fingerprinting appointment with the Immigration Desk.
• Step 4 The residence permit can be collected not later than 30/40 days after the fingerprinting appointment.

The non-EU national must be present in person for the 4 steps of the procedure.

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