On October 11th, Decree Law No. 145/2024 came into effect following its publication in the Official Gazette. The decree introduces urgent provisions regarding the entry of foreign workers into Italy, protection and assistance for victims of labour exploitation, management of migratory flows, and international protection.
This decree, which must be converted into law by December 10th, is made of three key parts:
I – The first section focuses on streamlining and improving the efficiency of entry procedures for foreign workers, introducing important changes to the application procedure.
II- The second section addresses issues related to illegal work and labor exploitation, seeking to enhance protections for those who have been victims of exploitation, including measures to ensure they receive appropriate support and legal assistance.
III – Section thre introduces changes to the rules surrounding sea rescues and the identification of migrants. It also covers the procedures for repatriation or rejection of individuals whose entry into the country does not comply with legal requirements.
This article will focus on the first section of the decree, as it introduces important changes in the work immigration procedures.
Biometric data requirement for national visas
As of January 11, 2025 national work visas applicants must submit biometric data, including fingerprints, during the application process. This aligns with the existing biometric requirements for Schengen visa applications.
Simplified visa denial process
The prior obligation to issue a pre-denial notice under Article 10-bis of Law No. 241/1990 has been removed for visa refusals as well as to the refusal and revocation of residence permits determined by the revocation of the entry visa.
Permit Conversions no longer subject to the quota system
The so-called “Cutro decree” (DL 20/2023, converted into Law 50/2023) had abolished the requirement that limited the conversion of residence permits issued for study and training purposes to the availability of a quota established by the flow decree. As a result, these permits can now be converted at any time of the year and without numerical limits. In line with these provisions, the new regulations eliminate the quota limits for the conversion of residence permits issued for seasonal work (Article 24 of Legislative Decree 286/1998 TUI), as well as for EU residence permits for long-term residents issued by another Member State of the European Union (Article 9-bis TUI).
Mandatory requirement for the employer to have a “digital domicile” and digitalization of the procedure related to the signing and sending of the contract of stay
Employers are now required to provide a certified electronic mail address (PEC) for all official communications regarding visa applications and permits.
Digital signature required for contract of stay and integration agreement
The contract of stay and the integration agreement will now be signed digitally directly between the parties, rather than at the Immigration Office (Sportello Unico per l’Immigrazione). Following this, the employer must submit the signed documents to the Immigration office.
Upon filing the work permit application, the employer must submit (among the other documents required) the “appropriate documentation regarding the accommodation arrangements for the foreign worker (signed with a qualified digital signature)” (it is unclear if only a housing suitability certificate – certificato di idoneità alloggiativa – will be accepted or if the employer can submit a digitally signed statement confirming a suitable accommodation will be provided on arrival for the worker) and the labour consultants attestation (asseverazione) digitally signed, as well as the digital email (PEC).
This change abolishes the obligation for the employer and the worker to go to the Immigration Office within eight days of the worker’s entry in Italy for the signing of the contract of stay.Instead, it is now required that within the eight-day period, both the employer and the worker sign the contract of stay digitally (through a qualified digital signature; however, the worker can also sign the contract in handwritten form). The employer must then promptly send the signed contract to the Immigration office for the necessary steps regarding the worker’s residence permit application.
The new procedure also apply to the procedures for issuing authorization for seasonal work, for entry for work in specific cases as outlined in Article 27 of the TUI, and for entry and residence for highly qualified workers as described in Article 27-quater of the TUI (intra company, service agreement, Blue Card)
The work permit work may be revoked if the digitally signed contract of stay is not submitted within eight days, unless the delay is due to force majeure.
Employer confirmation before visa issuance required
Employers are now obligated to confirm their effective interest regarding the work permit before the visa is issued. Specifically, employers must confirm the work permit application within seven days of being notified that the worker’s visa application has been examined. If the employer fails to provide this confirmation, the authorization request is deemed rejected, and the work permit is revoked.
The new procedure will come into effect in January. In practice, once the work permit is approved, the Visa Information System that receives the worker’s visa application will send a notification to the Immigration Office before processing it. This, in turn, will transmit a request to the employer via certified email (PEC) for confirmation of their interest in the work permit. If confirmation is not received within seven days, the authorization is revoked.
Work permit applications submitted by the employer that, in the previous three years, have not signed the contract of stay following a previous, similar work permit application will be rejected.
Shortened waiting period for labor market tests
The response time for labor market availability checks has been reduced from 15 days to 8 days. If the Employment Center does not respond within 8 days further to the labour market test conducted by the employer, it is possible to proceed with the work permit application, thereby accelerating hiring procedures and reducing waiting times.
Flexibility for seasonal workers:
Seasonal workers are now allowed to secure new employment within 60 days after their previous contract ends without needing to leave Italy.
The new regulations introduce a time limit of sixty days from the end of the previous employment contract, within which a new seasonal job offer can be made, along with the consequent extension and renewal of the work authorization and residence permit.
In addition to the above the decree introduces a set of rules regarding the issuance of work permits under the quota system, as provided for in the Decree of the President of the Council of Ministers dated September 27, 2023 (setting the procedures and quotas for the years 2023-2025). These rules include:
Possibility to pre-fill work permit applications well before the “click day”
Pre-filling of the forms will be possible from November 1, 2024, to November 30, 2024 (and, limited to the tourism sector for the click day on October 1, from July 1 to July 31). During this phase, employers are given the opportunity to select the work permit request template and fill in the fields so that the application is ready for submission on the designated click day. Timely submission of applications is crucial, as they are primarily processed in chronological order of arrival
Authorities will conduct checks on the prefilled applications, on compliance with the National Collective Labor Agreement (CCNL) and on the number of applications submitted, taking into account the attestation (asseverazione) attached to the application.
10,000 quotas for workers in the assistance to elderly and disabled
The decree provides for the entry of foreign workers, with a maximum limit of 10,000 quotas, to be employed in the sector of family and social-healthcare assistance, exclusively for elderly individuals (i.e., those over 80) or persons with disabilities.
Applications for this category of workers can be submitted only through employment agencies (APL) or employer associations that have signed the current National Collective Labor Agreement for the domestic sector.
It is to be noted that workers authorised under this procedure, during the first 12 months will only be allowed to engage in the authorized work activity, and any changes of employers are subject to prior authorization from the relevant Territorial Labor Inspectorates. At the end of the twelve months, in case of an offer of another employment contract, a new work permit must be applied for, within quotas that should be established by subsequent flow decrees.
Maximum number of applications per applicant
For the year 2025, individual employers may submit up to a maximum of three work permits applications under the established quotas. This limit does not apply to requests made through employer associations or labour consultants.
“Click days” and new quotas for 2025
The entry quotas and click day dates for 2025 have already been established relevant Decree (DPCM September 27, 2023). In particular:
An additional date is added:
The decree also increases the quotas reserved for seasonal workers in 2025, from 93,550 to 110,000.
Measures to prevent irregularities in work permit applications for citizens of high-risk states
Finally, the decree introduces stricter controls for work applications from citizens of countries deemed high-risk (specifically Bangladesh, Pakistan, and Sri Lanka), eliminating the tacit consent procedure and requiring formal checks before the issuance of the work permit.
Giuditta Petreni has over 10 years of experience in assisting companies and business investors with relocation of managers and staff to Italy. Giuditta has extensive experience advising corporate and private clients on a full range of Italian immigration categories. She is fluent in Italian and English.
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Decreto Flussi News: Italian government announces the number of foreign workers allowed in Italy for 2023 – 2025
Italy: Implementation of Directive (EU) 2021/1883 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment (EU Blue Card)
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