Long term detachment (Intra-corporate detachment) in Italy

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 “special cases” category. It is not subject to a cap, and is renewable for a maximum of 5 years, after which the worker is allowed to apply for a permanent residence permit. The applicant is not required to pass an Italian language test for the purposes of the permanent 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 2 year’s duration and is renewable. The holder of said permit is granted free access to Italian health care 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 work authorization (Nulla Osta) request with the relevant Ministry. Not later than 30 days after receipt of the request, such Ministry issues or denies the Nulla Osta, which is valid for 4 months. During the validity period of the Nulla Osta, the foreign national shall schedule an appointment before his/her country’s Italian Consulate for the purposes of the issuance of the employment visa – special cases, by submitting the Nulla Osta granted by the Ministry. The Italian Consulate then issues a national multiple-entry type D work visa valid for 365 days. Prior to the expiration of the visa, the foreign national must come to Italy in order to request the residence permit and to formalise the employment relationship.

The residence permit request procedure consists of 4 steps:

• Step 1 Not later than 8 days after entry in Italy, the non-EU national must appear before the relevant Prefecture in order to provide confirmation as regards the employment agreement (c.d. “residence agreement”) and 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. In the time period between the residence permit request and its collection, the foreign national is allowed to travel abroad.

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