Mazzeschi

New rules for Intra-Company Permits in forced

Jan 11, 2017

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 specialized 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, an 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. It is still uncertain how the new application procedure will work 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.