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Italian government has announced a cap of 30.850 on the number of workers from outside the EEA allowed in Italy for 2018.
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 (18.000); the majority of remaining quotas are reserved to permit conversion (9.850) for 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 ICT 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 will be available on the dedicated website https://nullaostalavoro.dlci.interno.it starting from January 18th and January 24th. Applications for permit conversion and permits reserved to special categories of foreigners can be submitted starting from 9am on January 23rd  while Seasonal work permit applications can be submitted starting from 9am on January 31st.
Application forms must be submitted within and not after December 31st, 2018.

Instructions and deadlines are set in quota decree 2018 (DPCM 15 December 2017 www.gazzettaufficiale.it/eli/id/2018/01/16/18A00308/sg) and Ministries joint circular 17.01.2018 http://www.interno.gov.it/sites/default/files/circolare_decreto_flussi_2018.pdf)   


Quota categories
The 30.850 quotas are to be allocated amongst the following categories:
 
NEW ENTRIES – FOR NON-EU NATIONALS RESIDING ABROAD

  • 18.000 quotas Seasonal Work. Limited to:
    • Agriculture; hospitality and tourism industry
    • the following nationalities. Albania, Algeria, Bosnia-Herzegovina, South Korea, Ivory Coast, Egypt, El Salvador, Ethiopia, Former Yugoslav Republic of Macedonia, Philippines, Gambia, Ghana, Japan, India, Kosovo, Mali, Morocco, Mauritius, Moldova, Montenegro, Niger, Nigeria, Pakistan, Senegal, Serbia, Sri Lanka, Sudan, Ukraine, Tunisia
    • Within the quota of 18,000 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

  • 4750 quotas - from seasonal to standard work permit. For conversions of seasonal work permit to standard, non-seasonal work permit (as an employee)
  • 3500 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)
  • 700 quotas from study to self-employment. For conversion of study, internship and/or vocational training residence permit into residence permit for self-employment  
  • 800 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.
 

The Doing business in Italy (2017) - LexisPSL practical guidance for lawyers is online. To download the full document, sign in to Lexis©PSL here

Key sections of the guide: Introduction - Business environment - Establishing a presence - Legal nature of a subsidiary - Financing a company - Opening a bank account - Utilising office space - Immigration controls - Labour laws Contracting with third parties - Taxation overview—financial and tax incentives - Regulatory compliance - Protecting key assets and employees - Useful links

 

January 9, 2018 - Regulation (EU) 2017/2226 of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes was published into the Official Journal of the European Union on 9 December 2017.

The regulation applies to NON-EU nationals, both visa required and visa exempt, travelling for short stays (90-days-in-180-days) in the Schengen area.

The EES will replace the current system of manual stamping of passports and will electronically register identity data, the date and place of entry and exit as well as entry refusals of third-country nationals visiting the Schengen area for a short stay.

The entry-exit system will improve the quality of border checks by automatically calculating the authorised stay of each traveller also ensuring systematic identification of overstayers. By allowing law enforcement authorities access to travel history records, it will also improve internal security and strengthen the fight against terrorism

eu-LISA (European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice), in cooperation with the member states, is expected to start building the new system. The Commission will then decide the date from which the EES is to start operations.

January 3, 2018 - On December 15th, the Italian Government has signed the decree - "decreto-flussi" - setting the number of work authorizations (“quotas”) that will be available in 2018 for foreign citizens wishing to work in Italy
 
By way of background, immigration for work purposes in Italy is based on a quota-system fixed every year by means of a Decree - the so-called "decreto-flussi". The decree sets the numerical limits for each category of worker/citizen allowed to apply for a work permit. Quotas do not apply to certain categories of workers.
 
The number of “quotas” for 2018 is 30.850 (same as last year).
 
Of these, 18.000 are reserved to foreigners seeking entry for the purpose of seasonal work; the remaining 12.850 quotas will be reserved to foreign citizens in possession of a residence permit in Italy (study, seasonal work) intending to convert it into a permit that would allow them to be employed in Italy full time while a few of these will be for self-employment work and special categories of foreigners (such as South American citizens with Italian ancestors or workers who have completed a specific training in their country of residence).
 
The decree will enter into force only after its publication on the Official Gazette expected for mid-January.
 

Italy has bilateral agreements on working holidays visas with New Zealand, Australia, Canada and South Korea.

The working holiday visa is a special type of visa, issued for 12 months, that allows the holder to travel to Italy and work there for up to 6 months. It is an opportunity for youths of each participating country to experience the language, the lifestyle, the culture and the job environment of the receiving country.

Each bilateral agreement sets the conditions for participation to the program and also the maximum number of visas that can be issued in a year.

 

The procedure is basically made of 2 steps:

  • file the visa application at the Italian Consulate having jurisdiction over the place of residency abroad
  • once in Italy, file the residence permit application within 8 days of arrival

 

If and when the applicant finds an employer willing to hire him/her, he/she can be hired without applying for a work permit: the work holiday residence permit allows the holder to work up to 6 months in total and up to 3 months with the same employer.

 

Italy-New Zealand agreement

Who can apply:  New Zealand citizens between the age of 18 and 30

Duration of allowed stay:  12 months, not renewable

Type of work activity allowed:  no restrictions but no longer than 3 months with the same employer and 6 months in total

Number of visa per year:  up to 1000


Italy-Australia agreement

Who can apply:  Australian citizens between the age of 18 and 30

Duration of allowed stay:  12 months, not renewable

Type of work activity allowed:  no restrictions but no longer than 3 months with the same employer and 6 months in total

Number of visa per year:  up to 1500 for Australian citizens

 

Italy-Canada Agreement

Who can apply:  Canadian citizens between the age of 18 and 35

Duration of allowed stay:  12 months, not renewable

Type of work activity allowed:  no restrictions but no longer than 3 months with the same employer and 6 months in total

Number of visa per year:  currently up to 1000

 

Italy South Korea agreement

Who can apply:  South Korean citizens between the age of 18 and 30

Duration of allowed stay:  12 months, not renewable

Type of work activity allowed:  no restrictions but no longer than 6 months (up to 6 months with the same employer allowed)

Number of visa per year:  currently up to 500 

 

December 14, 2017 - Starting from today, the Investor Visa for Italy platform is online and applicants can submit applications for the new Investor Visa. The investor visa will be valid for 2 years: during this time the applicant can travel to Italy and apply for the residence permit.

The platform is available in English at the following link http://investorvisa.mise.gov.it/index.php/en/.  

Guidelines and detailed information on how to apply are also available in English

 

 

investment 2400559 960 720December 11th, 2017 - On Thursday December 14th, the Italian Ministry of Economic Development will hold a press conference introducing the new online platform for the investors visa application and instructions for submitting the relevant applications. Further updates will be published as soon as available.

According to Italian Law, residency (residenza) – in addition to formal registration with City Hall (Comune) - is factual and based on two components. 

  1. The first component of the residence test is based on physical presence in Italy, which must be regular and continuous, as opposed to sporadic and occasional. If an individual spends time both in Italy and in another country, the periods of presence outside of Italy are calculated and compared with the periods of presence in Italy to see which one is prevalent.

  2. The second component of the residence test is subjective; based on an individual’s intention to stay and live in Italy for the foreseeable future. In order to determine an individual’s intention to live in Italy on a regular basis, reference is made to a number of things, including but not limited to an individual’s conduct, social and personal habits, working relationships, family relationships, business and personal activities.

 

More details and criteria according to EU regulations can be found here 

 

 

After investigations carried out by the finance police, 5 people have been arrested for corruption in the town of Lodigiano. The investigations revealed a system of bribery by public officials falsely confirming the presence of Brazilian nationals and granting residency, consequently leading to the obtainment of Italian citizenship through “ jure sanguinis”. The ring of corruption revolved around an agency in Monza, belonging to a Brazilian entrepreneur who charged Brazilians between 3,500 euro and 5,000 euro to bring the "process" forward,  while from this amount around 1250 euro ended up then in the pockets of public officials.

The scam allowed around 500 Brazilians to obtain residency and Italian citizenship in the year 2016 only, whom in reality,  were never actually based in the Lodi area.  (http://www.videonotizietv.it/cronaca/corruzione-comune-ad-ospedaletto-lodigiano)

 
Helpful facts for Residency:

According to Italian Law, in addition to the formal registration with the town hall, residency is based on two fundamental elements:

  1. The first element is physical presence in Italy, it must be regular and continuous, as opposed to sporadic and occasional. If an individual spends time both in Italy and in another country, the periods of presence outside of Italy are compared with the periods of presence in Italy in order to see which one is prevalent.
  2. The second element is subjective; based on an individual’s intention to stay and live in Italy for the foreseeable future. In order to determine an individual’s intention to live in Italy on a regular basis, reference is made to numerous aspects, including but not limited to an individual’s conduct, social and personal habits, working relationships, family relationships, business and personal activities

 

November 8, 2017The Council of State (n. 5040/2017) has ruled that also the foreign partner cohabiting more uxorio (i.e. marriage in fact) with an Italian citizen, can obtain a residence permit for family reasons. This broad interpretation of Italian Immigration law is based on the new provisions introduced by Law No. 76/2016 on civil unions - whereby cohabitation is defined as “the status of two people who have a stable relationship based on emotional bonds and on reciprocal moral and material assistance” - and on Decree 30/2007 on the right of EU and their family members to move and reside freely within the territory of the EU and EEA member states (Directive 2004/38/EC).

The Italian ministry of foreign affairs has introduced a new category of tourist visa. It is named  “Turismo - Visita famiglia/amici” (tourism – visit to family / friends) and it is reserved to family members or friends of individuals residing in Italy wishing to visit them for a maximum period of 90 days within 180 days. Therefore, if you have been invited to Italy by relatives or friend(s) living there, this is the correct visa to apply for.

Eligibility requirements are similar to the standard tourist visa (evidence of means of support during the stay, health insurance etc.) but the key factor is an invitation letter from the family member / friend in Italy, confirming the availability to host the visa applicant.

To check if you need a visa for Italy, please visit http://vistoperitalia.esteri.it/home/en

 

 Immagine


The government has presented the new web portal “E-@pplication” through which Schengen visa applicants can now fill out the visa application form online. The new system only affects short-stay visa applications - for up to 90 days in Schengen countries (Schengen visa).

Long term visa applications will continue to be filed using the paper application forms.

The new system ensures greater accuracy of the data entered in the application forms and reduction of typos, resulting in an overall improvement of the consular services both in terms of efficiency, cost and time optimization.

The online form is available in Italian and English at the link http://e-applicationvisa.esteri.it. The process requires the applicant to fill out the online application form, sign it and print the form containing the barcode then take it to the relevant Italian Consulate.

 

 

The Italian government has announced the publication of the Investor's Visa implementing decree (Inter-ministerial decree July 21 2017).

The decree lays down the preliminary guidelines and provides information on the procedure and documents required.

In particular, it clarifies what type of investments and donations may provide the eligibility conditions for the investors visa, determines the authorities in charge of processing the applications and describes the procedure for filing the visa and residence permit application as well as the conditions for the permit renewal.

Below is a summary of the main points of the decree:

  • The authority in charge of evaluating the applicant’s eligibility conditions is a special Committee made of various authorities among which representatives of the Ministry of Economic Development, the Ministry of Interior, the Ministry of External Affairs and representatives of Tax Authorities and Financial Police;
  • The applications will be managed through an online platform yet to be created;
  • Among the documents required, the applicant needs to submit a police clearance for each country where he/she has lived in the previous 10 years;
  • The application will follow 3 basic steps: online clearance (nulla osta) application; visa application at the Consulate in the foreign country; residence permit application in Italy;
  • Within 3 months from the date of entry, the applicant must provide documented evidence of the investment or donation. Failing to do so will result in denial of residence permit;
  • In case of disinvestment before the terms or if the holder is untraceable, the residence permit can be revoked at any time;
  • After 2 years, the residence permit can be renewed for additional 3 years, further to the approval from the committee.

Applications are possible throguh the online platform https://investorvisa.mise.gov.it/index.php/en/ 

 

 

 

Check out Attorney Barbara Cova quoted on The Australian's article Anthony Albanese produces the citizenship goods

Quote:

Citizenship law expert Barbara Cova, who is admitted to the Milan Bar Association, confirmed a person must “legally” be a child of an Italian citizen to obtain citizenship.

Read the full article here.

 

 

The Government has introduced some new rules, which grant direct access to the visa offices (no need of booking appointments), as well as priority and dedicated emails/desks to foreign citizens who:
 

  • Move to Italy with the intention to benefit of the flat tax regime recently introduced. The latter grants a favorable tax regime on the income of foreigner who become Italian tax residents (yearly flat tax of € 100,000 regardless the amount of the foreign income, more info here: http://www1.agenziaentrate.gov.it/english/invest_italy/new_residents_regime.htm)   
  • Intend to invest, creating an innovative start-up or pursuing patronage initiatives

 
Moreover, visa officers are instructed to give priority to those applications submitted by individuals moving to Italy with the intention of bringing advantages to the Italian economy.
 
Residence permit applications, to be filed after the entry into the country, will be processed with an expedite procedure. 
 
Relevant regulation: Inter-Ministerial decree n. 1202/385bis of June 30 2017 implementing Law n. 232/2016 (Budget Law)

For further information gp@mazzeschi.it

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Descendant to Italian mother born before 1948 | ITALIAN CITIZENSHIP #01 

 

By means of Circular n.2805 dated 31 July 2017, the Ministry of Internal affairs has introduced important changes to the family clearance application process. These changes had become necessary to expedite and streamline a process that has proven to be extremely long, burdensome and inefficient, with waiting times of over 1 year.

First, the processing time for the issuance of the family clearance indicated in the law has been reduced from 180 to 90 days.

Secondly, starting from August 17th, the online system through which all immigration applications are filed will be implemented to allow the upload of the supporting documents at the time of application. It is expected that – within 0ctober 2017 – the system will be fully functional and the majority of the application process will be handled online. The originals of the documents uploaded in the system will however be required at the time of collecting the family clearance.

Last but not least, the circular indicates a uniform list of documents to which all Immigration Offices throughout Italy should refer when setting the documentary requirements.

The changes were introduced in an effort to streamline and reorganise the family reunion process, reducing processing time and setting uniform rules throughout the country.

It is to be noted though that Italian authorities are very slow in implementing new rules, therefore we do not expect significative changes in the near future.

For further information gp@mazzeschi.it

Have a look at our first video on Youtube channel!

ELECTIVE RESIDENCE VISA | VISA FOR ITALY #01

 

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