EU Intracompany Transferee Work Permit Forthcoming

Italy

Although Italy has not timely complied with the EU Directive on intracompany transferees (ICTs), the Italian Parliament is reviewing a related draft law that will create a new ICT Work Permit for managers, specialists and trainees. Once the law is published in the official gazette, it will come into force. Workers with an Italian ICT Work Permit will be able to work in other EU Member States according to each Member State’s rules and regulations for ICTs.

Decree Details

The law introduces a new ICT Work Permit that will apply to foreign managers, specialists and trainees who have worked for the same company or for a company of the same corporate group for at least three consecutive months immediately preceding the transfer to a host entity established in Italy either directly owned by the non-EU sending company or by another company in the same corporate group. The permit will allow a stay of up to three years for managers and specialists or one year for trainees and will require workers to leave Italy for at least three months before reentering under a new permit.

The permit will allow the principal applicant to sponsor dependents.

Workers Under ICT Permits from Other EU Member States

Workers with an ICT permit issued by another EU Member State will be able to work in Italy for up to 90 days within a 180-day period at a host entity established in Italy either directly owned by the non-EU sending company or by another company of the same corporate group without an Italian work permit by notifying the local police station.

Those who seek to remain for more than 90 days will need to obtain an ICT Work Permit and ICT Residence Permit, however they will be exempt from the work visa requirement.

Application Procedure

The application process is expected to include the below steps:

• The host company files an ICT Work Permit application at the Italian Immigration Office. The host company will need to submit all supporting documents within 10 days of submission of the application.
• If all conditions are met, the Immigration Office will issue the permit within 45 days.
• The worker will have to apply for a visa at an Italian consular post in his or her country of residence.
• Within eight business days of entry into Italy, the worker must submit an ICT Residence Permit application to the Immigration Office.
• The Italian Police will issue the ICT Residence Permit within 45 business days of submission of the application.

What This Means for Employers and Foreign Nationals

ICTs should benefit from the new work permit since it is expected to provide streamlined intra-EU mobility for qualified workers. The new permit processes may result in new fees.

Fragomen will report on the related regulations and changes following publication of the law.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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