News archive

NOTE! This site uses cookies and similar technologies.

If you not change browser settings, you agree to it. Learn more

I understand

mom

9 June 2017 – Italian Government has reintroduced filing fees for the residence permit "permesso di soggiorno" application.

The new amounts are as follows:

 

  • Residence permit card valid from 3 months to 1 year: €40,00

 

  • Residence permit card valid from 1 to 2 years: €50,00

 

  • EC residence permit card for long-term residents and intra-company residence permit: €100,00 

 

Fixed expenses remain in place - about €76,00 (€30.46 for the electronic card; €16 Euro for application stamp and €30 EUR as mailing fee).

 cash 2259076 640
Background: 
In October 2011, a joint Ministerial decree had introduced high residence permit application/renewal fees (from € 80 to 200, depending on the type and duration of the permit, in addition to the fixed expenses already in place). In 2015, the European Court of Justice had judged the tax to be a violation of EU regulations. Subsequently, The Regional Administrative Court of Lazio had declared the residence permit tax illegal and abolished the fee on applications (May 2016). In 14 September 2016, with Presidential Decree No. 03903/2016 the Council of State had decided to suspend the court order of the TAR, Lazio's Regional Administrative Court, and the fees were temporarily reintroduced, until a final decision was reached. Again, in November 2016, The Council of State confirmed the abolishment of the residence permit application/renewal fees introduced in 2011 (€ 80 to 200). Starting from today, new fees are in place, however lower than the amounts introduced in 2011 which were challenged by the European Court of Justice


   

idea 1876658 640 Visa requirements to join an innovative start up in Italy have been revised and updated. In particular, the financial amount required for eligibility has been increased (€100.000 minimum) and more stringent conditions have been introduced.

Contact us for further information 

Recently, the Mazzeschi Citizenship team successfully assisted three clients with their Italian citizenship "1948 Rule" lawsuit before the Rome Court (read here to learn more). Despite the longer processing times, the court reached a positive decision in 6 months.

We have successfully assisted applicants in several cases, contact us for further information. 

 

 

wordleDe um modo geral, a legislação relativa à cidadania italiana assenta no princípio de jure sanguinis (direito de sangue), ou seja, a criança nascida de pais italianos é também cidadã italiana.

Consequentemente, indivíduos com antepassados ​​italianos podem conseguir adquirir a cidadania dependendo de uma série de fatores, como a data e o local de nascimento dos pais, avós e até dos bisavôs.

Mas se você ou os seus antepassados ​​são filhos de mãe de origem italiana antes de 1 de janeiro de 1948 o processo pode não ser tão simples... Clicar aqui para descobrir mais

 

Generally speaking, Italian citizenship law is based upon the principle of jure sanguinis (blood right), meaning the child born of Italian parents is also an Italian citizen. As a consequence, individuals of Italian ancestors may be able to acquire citizenship depending on a number of factors, such as the date and place of birth of their parents, grandparents, and even of their great-grandparents. 

But if you or your ancestors were born to a mother of Italian origin before January 1 1948 the process may not be so straightforward...

Check out our latest slides (Italian citizenship for descendant to Italian mother born before 1948) on the topic!

 

 

ImmagineStarting from midnight today, border controls are temporarily reintroduced in Italy, in view of the upcoming G7 summit in Taormina on May 26-27. The suspension of the Schengen agreement will last until midnight of May 30

http://www.interno.gov.it/it/notizie/g7-2017-ripristinati-temporaneamente-i-controlli-frontiere-interne-dellitalia

 

citizenThe reform of the Italian citizenship law is scheduled to be discussed on further in Senate on June 15th.

If approved, bill N. 2092 will bring a twofold change to the current legislation: significant changes to the current ius soli; the introduction of a new route so called “ius culturae”.

 

 

 

Changes to the current ius soli route (birthright citizenship)

  • Foreign children born in Italy to be considered Italian by birth if at least one of their parents has acquired the permanent residence status (i.e. is in possession of a permanent EC residence permit if NON-EU or, for EU citizens, has acquired permanent right of residence);
  • Foreign children born in Italy and who have resided legally without interruption until reaching 18 years of age will now have 2 years instead of 1 to apply for citizenship   

 

The new ius culturae

  • Foreign children born in Italy or who have arrived by the age of twelve may acquire the right to citizenship after at least five years of education in Italy  
  • Foreign children arrived in Italy before the age of 18 can apply for citizenship if have resided regularly in Italy for at least 6 years and have successfully completed a cycle of education.

 

Italian citizenship is currently regulated by Law no. 91/1992. Back in October 2015, the Chamber of Deputies approved the reform bill including a moderate version of the jus soli  and jus culturae . Since then, the bill has been discussed on in the Senate but until now an agreement was not reached between the parties.

 

Do not miss Mazzeschi's team latest contribution to the National Italian American Bar Association newsletter (available here). This month's article provides an overview of healthcare rights in Italy for US Expats & Visitors. 

 

Os processos simplificados encontram-se disponíveis para pessoas que decidem aplicar-se à cidadania italiana diretamente em Itália em vez de no Consulado Italiano no seu país de residência. Para mais informações leia aqui ou entre em contato por email citizenship@mazzeschi.it

 

download

 

 

A clarification on the applicability of secondment declaration obligations has been published on the Ministry of Labour website www.cliclavoro.gov.it. In the FAQ section, it has been clarified that the provisions and obligations of Legislative decree No 136/2016 DO NOT apply to the following categories of workers (check FAQ no. 10 https://www.cliclavoro.gov.it/Aziende/FAQ/Pagine/Posting-of-workers.aspx):

  1. Foreign ICT manager, specialists, trainees, as per Directive 2014/66/EU on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (Ministry of the Interior and Ministry of Lab our and Social Policies joint circular No 9/2017)
  2. Foreign researchers
  3. self-employed foreign workers
  4. Intra company assignees – managers, highly skilled - foreign workers referred to in Article 27 c.1 letter a) of Italian Immigration Law

Points 2 to 4 are yet to be confirmed by means of a memorandum to be published by the Italian National Labour Inspectorate
 

What is the change?
The obligations set forth in Decree n. 136/2016 implementing the EU Posted Workers Directive (2014/67) no longer apply to the majority of foreign workers posted to Italy. It is confirmed that the above-mentioned obligations are only applicable to:

  • Service agreement assignments i.e. workers posted to Italy to provide services in the framework of a Service agreement between the Italian entity and the entity established outside the EU - Article 27 c.1 letter (i)
  • So called “Van der Elst assignment” i.e. workers employed by an EU company posted to Italy to provide services in the framework of a Service agreement between the Italian entity and the EU entity - Article 27 c.1-bis
  • Workers of any nationality posted to Italy in the framework of the provisions of services as per the provisions set forth in the EU Posted Workers Directive (2014/67)

What’s next?
Foreign companies posting workers under points 1 to 4 above shall no longer be subject to the secondment notifications and other related obligations (document storage etc.). Secondment notifications already sent and which were not due may need to be cancelled/annulled.
We are seeking clarification from authorities on how to proceed. 

 

 

 benefit corporation

THE ITALIAN BENEFIT CORPORATION: TO PROFIT AND …. BEYOND!

Benefit corporations are for-profit companies that, in addition to maximize shareholder’s value and profits, undertake to expand their purpose to explicitly include the creation of public benefit and the commitment to carry out their activities in a responsible, sustainable and transparent way, in favour of persons, communities and environment. They are being introduced in some legal systems to meet the global trends demanding greater accountability and transparency from business and stimulate a new role that business can and should play in society [...]. 

Read the full article by Marco Mazzeschi and Giuditta De Ricco published on http://www.lawyerissue.com/ 

 

Italian government has announced a cap of 30.850 on the number of workers from outside the EEA allowed in Italy for 2017. The figure and the categories of workers allowed this year are not so different from those announced in the last years. Once again, no quotas for standard sponsored employment have been issued (apart from a few exceptions below). More than half quotas are reserved to entries for seasonal work (17.000); the majority of remaining quotas are reserved to permit conversion (10.850) aimed at foreign citizens already in possession of a residence permit in Italy or EU (study, seasonal work, permanent) intending to change status i.e. to convert the existing permit into a permit for employment/self-employment. The remaining part – few quotas – are for self-employment work (2.400) and special categories (600) of foreigners (such as South American citizens with Italian ancestors or individuals who have completed a specific training in their country of residence).

Background

Immigration for work purposes in Italy is based on a quota-system which is fixed annually by means of a Decree - the so-called "decreto-flussi". The decree sets the numerical limits for each category of foreign nationals allowed to apply for a work permit and the period during which applications can be submitted. Permits are normally granted on a first come, first served basis.  Several categories of workers are excluded from the cap and are not subject to a fixed limit, such as ITC workers, highly skilled, executives or managerial employees assigned to the Italian branch of a foreign legal entity, university lecturers and professors, translators and interpreters, professional nurses, etc.

Deadlines

Application forms for permit conversion and permits reserved to special categories of foreigners will be available on the dedicated website https://nullaostalavoro.dlci.interno.it starting from 9am March 14th, 2017 and can be submitted from 9am March 20th, 2017

Seasonal work permit application forms will be available on the dedicated website https://nullaostalavoro.dlci.interno.it starting from 9am March 21st, 2017 and can be submitted from 9am March 28th, 2017

Application forms must be submitted within and not after until December 31st, 2017.

Instructions and deadlines are set in quota decree 2017 (DPCM 13 February 2017) and Ministries joint circular 08.03.2017

 

QUOTA CATEGORIES

The 30.850 quotas are to be allocated amongst the following categories:

 

NEW ENTRIES – FOR NON-EU NATIONALS RESIDING ABROAD

  • 17.000 quotas Seasonal Work. Limited to:
    • Agriculture; hospitality and tourism industry
    • the following nationalities. Albania, Algeria, Bosnia-Erzegovina, South Corea, Ivory Cost, Egypt, Ethiopia, ex Repubblica Jugoslava di Macedonia, Filippine, Gambia, Ghana, Giappone, India, Kosovo, Marocco, Mauritius, Moldova, Montenegro, Niger, Nigeria, Pakistan, Senegal, Serbia, Sri Lanka, Sudan Ucraina, Tunisia
    • Within the quota of 17,000 units, 2000 entries are reserved to workers that have already worked as seasonal employees at least once in the previous 5 years and whose employers apply for a multi-year permit. For these, no nationality restrictions apply
  • 500 quotas (work as an employee). For foreign nationals resident abroad who have completed an educational/training program in their home country (pursuant to Art. 23 of Immigration Law)
  • 100 quotas (employee/self-employee). For employed or self-employed work. Reserved to foreign nationals who have Italian ancestry and reside in Argentina, Uruguay, Venezuela or Brazil
  • 2.400 quotas for self-employment           
    • entrepreneurs intending to implement an investment plan of interest for the Italian economy, involving an investment of at least € 500.000 and creating at least 3 new jobs in Italy
    • Freelancers/independent contractors who intend to practice: regulated or controlled professions (i.e. individuals belonging to a professional association or enrolled with an official/public register) OR professions that are not non-regulated but are considered representative at national level and included in the lists edited by the Public Administration
    • Holders of corporate offices or administrative/controlling positions (any of the following: Chairman, CEO, Member of board of directors, Auditor) in an Italian company, active since at least 3 years (requirements set in Visa Decree May 11, 2011 n.850)
    • Foreign citizens who intend set up innovative start-up companies, under certain conditions and who will have a self-employment relationship with the start-up
    • internationally well-known and highest repute artists, artists of recognised high professional qualification or artists who are hired by well-known Italian theatres, important public institutions, public television or well-known national private televisions (requirements set in Visa Decree May 11, 2011 n.850)

 

PERMIT CONVERSION – FOR NON-EU NATIONALS ALREADY IN ITALY/EU

  • 5.750 quotas - from seasonal to standard work permit. For conversions of seasonal work permit to standard, non-seasonal work permit (as an employee)
  • 4.000 quotas from study to employed work. For conversion of study, internship and/or vocational training residence permit into residence permit for work (as an employee)
  • 500 quotas from study to self-employment. For conversion of study, internship and/or vocational training residence permit into residence permit for self-employment  
  • 500 quotas. For holders of an EU residence permit for long-term residents issued by a Member State other than Italy who wish to apply for a residence permit for work (as an employee) in Italy
  • 100 quotas. For holders of an EU residence permit for long-term residents issued by a Member State other than Italy who wish to apply for a residence permit for self-employment in Italy 

 

Employers should evaluate their need for work permits for non-EU nationals, especially if intending to hire foreign nationals holding a study, internship and/or vocational training residence permit or permanent residents of an EU country

 

 

Italy to become a preferred destination for high-net-worth individuals 

Background

This year Italian Budget Law - which came into effect on 1 January 2017 – contained several measures aimed at attracting foreign investments and encouraging high-net-worth individuals to move to Italy. Among these are the introduction of a preferential tax regime for wealthy individuals who take up tax residency in Italy and a brand new visa program specific for HNW investors, with the aim to facilitate the procedure for entry and residence in Italy. 

Since now Italian Immigration law, unlike other EU countries, did not provide for a dedicated entry-for-investment visa scheme

Favourable Flat-Tax regime for new residents

On March 8, 2017 the Italian Revenue Agency (Agenzia delle Entrate) has issued the flat-tax regime implementing provisions. The law is now fully effective. Guidelines and checklist of requirements are available.

Individuals who become Italian tax residents can take advantage of a substitute tax regime on their foreign income. Regardless of its amount, foreign income will only be subject to a yearly flat tax of € 100,000. Close family members can also benefit from the favourable tax measures: a flat tax of just € 25,000 – instead of € 100,000 - will be applied to their foreign income. Moreover, opting for the new regime guarantees full exemption from reporting requirements with respect to financial and non-financial assets abroad and from succession duties on assets outside Italy.

To qualify for the option the applicant must not have been resident in Italy for at least nine tax years during the previous 10 years; eligible taxpayers can ask to benefit from the substitute tax regime when filing the tax return; before then, it is possible to submit a preliminary ruling (interpello) to the Italian Revenue Agency.

For further information http://www1.agenziaentrate.gov.it/english/invest_italy/new_residents_regime.htm

Dedicated Visa Option: Investors visa

New provisions have been introduced in Italian Immigration law in the framework for promoting foreign investments.

An "investor visa" will shortly be available to foreigners intending to invest in Italy under one of the following options:

• €2 million in government bonds, to be kept for at least two years
• €1 million in the share capital of an Italian company, reduced to €500,000 if the company is an innovative start up
• €1 million in philanthropic donations (culture, education, immigration management, scientific research or cultural heritage)

Currently, the government is working at an implementing decree that – once published – will make the law fully effective.

 wordle

 

March 8, 2017 - On 27 February 2017 the Council adopted a regulation on visa liberalisation for Georgians travelling to the EU for a period of stay of 90 days in any 180-day period. Regulation (EC) No 539/2001 is therefore amended, moving Georgia from Annex I (countries whose nationals need a visa to enter the Schengen area) to Annex II (visa free countries).

The new provisions lifting visa-requirements for Georgians have been published in the EU Official Journal today, March 8. It takes 20 days for a regulation published in the journal to come into force: Georgian citizens holding a biometric passport will be able to travel up to 90 days for business, tourist purposes to the Schengen Zone visa-free in 20 days, as of March 28.

These measures will not apply to Ireland and the United Kingdom

 

 

Check out Marco Mazzeschi's latest article published on AILA GMS Newsletter - Spring 2017 issue: Overview of New Italy Ivestors Visa Program. The article dives into the recently approved visa category aimed to HNW investors wishing to invest and move to Italy. 

After the introduction in Italy of the new EU ICT work permit category in January 2017 - based on the so-called “ICT Directive” (Directive 2014/66) - the Ministry Of Labour and Social Policies has issued its official guidelines on the matter and list of documents (Circular letter 09.02.2017)

Here is an overview of the main features introduced as well as of the substantial changes to the existing provisions:

  • Previous work permit category pursuant to art. 27 c.1 letter g of Italian immigration law does no longer exist. Holders of work permits for highly skilled workers on assignment for a determined period in order to carry out a specific task or activity (art. 27 c.1 letter g) may have difficulties in extending the current permit up to the end of the maximum allowed assignment duration of 4 years.
  • The existing intra-company work permit for managers/highly skilled staff pursuant to art. 27 c.1 letter (a) remains in place.
  • Substantial changes have been introduced for graduated workers transferred for career development purposes.
  • New ICT applications can be filed only for assignments longer than 90 days.
  • Work and residence permit shall be issued within a set time: 45 days from each application.
  • Maximum duration of the transfer: 3 years for managers and specialists, 1 year for trainees (in total, including extensions).
  • Once the maximum period of transfer is reached, the worker shall leave the country and return to the sending employer or to a company of the same group. A new ICT application can be filed only after 3 months have passed.
  • the application must be sponsored and filed by the host entity in Italy, defined as: seat, branch, or representative office of the NON-EU employer; companies must be affiliated i.e. either directly owned by the NON-EU sending company or by another company of the same group (as per Article 2359 of the Italian Civil Code).
  • During the entire assignment, the employer must comply with the relevant social security obligations.
  • there shall be more flexibility on the documents required to show an accommodation in Italy (in some locations housing feasibility certificate may no longer be required).
  • Intra EU Mobility: holders of a valid Italian ICT permit will be allowed, under certain conditions, to temporarily perform activities at an entity of the same group established in another EU member state; similarly, the holder of a valid ICT permit issued by another EU member state is not required to apply for a visa to enter Italy and can be transferred for up to 90 days within 180 days in exemption of work/residence permit. A work permit will be required for longer assignments.
  • specific reasons for denial have been introduced, among which if the host company has been set up for the purpose of obtaining work permits or if it has been put into liquidation, has been liquidated or is not carrying out any economic activity.
  • The obligations set forth in article 10 of Decree n. 136/2016 implementing EU Posted Workers Directive (2014/67) do not apply (i.e. secondment notifications do not apply).
  • Italian companies can benefit of expedite procedure by signing a so-called Protocollo di Intesa (Protocol Agreement or Memorandum of Understanding, MOU), with the Ministry of Interior.
  • Family: dependents are allowed to join the assignee in Italy regardless of the duration of his/her permit and are allowed to work.

 

For further information, please contact gp@mazzeschi.it

 

 

As the deadline for the submission is approaching rapidly, it is important to remember that the new obligations set forth by Decree n. 136/2016 implementing the EU Posted Workers Directive (2014/67) - see here for an overview - apply to:

  • any assignments activated on or post July 22, 2016 still ongoing as of January 26, 2017 – For these, the secondment notification must be filed within January 26, 2017
  • any assignments activated post December 26, 2016

 

Who is affected? 

  • Employers established outside Italy (EU or NON EU) sending their employees (EU and NON-EU) to work in Italy on a temporary basis

 

Action required 

  • Employers established outside Italy shall check if any assignment to Italy has been activated on or post July 22, 2016 and is still ongoing as of January 26, 2017
  • For any assignments to Italy activated on or post July 22, 2016 still ongoing as of January 26, 2017 employers must file the secondment notification within January 26, 2017 and comply with the other obligations set forth by the law
  • For any assignments to Italy, employers must now file the secondment notification within midnight of the day preceding the assignment start date and comply with the law obligation

The dedicated website www.distaccoue.lavoro.gov.it  (available in English as well) provides an overview of the current regulation on the matter and clarifies the operational aspects.

For further information and request for assistance, please email gp@mazzeschi.it

 

 

On 14th January 2017, the Government has issued three decrees implementing the new Law on Same Sex Civil Partnership (Law 20 May 2016, n. 76), in effect since 5 June 2016.

The decrees make the Law fully operational and also clarify some basic points, including:

  • Civil Partnerships celebrated abroad can be registered in the Italian marital archives even if celebrated before 5 June 2016 (i.e. before entry into force of the Italian law on Same Sex Civil Partnership);
  • The foreign national who cannot obtain from his/her country a certificate of no impediment to the union (“nulla osta”) stating that he/she is not already married; the partners are not blood relatives; he/she has not committed or attempted to commit homicide against a previous partner etc. can submit a self-certification statement instead (subject to Italian authorities verifcation);
  • In life-threatening cases, the Civil Partnership can be celebrated also in international waters and skies.

 

Effective 11 January 2017 Italy implements Directive 2014/66 on Intra-EU Mobility

With the publication of Legislative Decree n. 253/2916, in effect from January 11, 2017, Italy has finally implemented Directive 2014/66/EC of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (the so-called “ICT Directive”).
The decree has amended the Consolidated Act on Immigration (L. Decree 286/1998. Updated text available at www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:1998-07-25;286!vig=) introducing 2 new articles (Article 27-quinques and 27-sexies) of Immigration Law.

Q&A

Q. WHO IS AFFECTED?

The new provisions apply to third country nationals temporary seconded from a NON-EU Employer to an Italian company of the same group and who qualify as:

  • managers (“dirigenti” i.e. workers in a senior position, directing the host entity, supervising work of other professional or managerial employees etc.),
  • specialists (i.e. workers possessing specialised knowledge essential to the host entity's areas of activity, techniques or management),
  • trainees (graduated workers transferred for career development purposes)

Also, holders of an ICT work and residence permit issued in another member state will be able to work at a company group entity in Italy. They can work up to 90 days by simply notifying their presence. If staying more than 90 days, a ICT work and residence permit must be applied for but shall be exempted from obtaining a work visa.

Q. WHAT ARE THE MAIN FEATURES OF THE NEW ICT PERMIT?

  • it allows both residence and work in Italy
  • it may be issued for a maximum of three years for managers and specialists and up to one year for trainees
  • at the expiry of the maximum ICT permit validity period, a new application can be filed only after at least 3 months’ have passed
  • the work permit application is filed by the Italian host company
  • family members of ICT permit holders qualify for a family permit even if the assignment is for less than 1 year
  • holders of a valid Italian ICT permit will be allowed, under conditions, to temporarily perform activities at an entity of the same group established in another EU member state

Q. WHAT ARE THE MAIN CONDITIONS TO QUALIFY FOR THE NEW ICT PERMIT?

  • the host entity established in Italy the employer established outside the EU are either part of the same company or group of companies
  • the employee has been working for the same company or for a company of the same group for at least 3 uninterrupted months immediately preceding the transfer.
  • after the transfer the worker shall return to a company part of the same company or group outside the EU
  • the worker will cover a position as manager, specialist or trainee for which he/she is in possession of the required qualifications, professional experience or educational degree (if the position is for a regulated profession, this must be recognised in Italy)
  • it must be confirmed the commitment to comply with the relevant social security obligations in Italy, unless a social security agreement applies

 

At present the Italian immigration authority is still shaping the application procedures. As of now, it is not clear what the new application procedure will look like in practice. It is expected that this will become clear in the coming days.
The existing highly-skilled migrant program remains in place with some variations, therefore it is still possible to file applications under article 27 letter (a) regulating the intra-company work permit for managers/highly skilled staff. The new provisions overlap with that of the existing highly-skilled migrant program therefore we expect that Immigration authority will soon issue guidelines to clarify the differences between the 2 procedures.

banner 99 percent

impresa family friendly