Italy: EU Blue Card Professional Experience Pathway Now Available, Labor Market Testing and Other Rules Clarified

Effective March 29, 2024, the Italian government has published an implementing circular clarifying practical elements with respect to its November 2023 revised EU Blue Card legislation. Importantly, following publication of this circular, the professional experience applicant pathway is now available. Prior to this March 2024 circular, this pathway – which applies to individuals who may lack academic qualifications but have either five years of professional experience in a relevant role or three years of experience in the information technology sector ­– was not practically available (despite the November 2023 laws formally creating this pathway). Additionally, the circular clarified the documentary requirements for such applicants, who must submit an employment contract and payslips (which must be legalized if they are from a non-EU country) and can also provide an optional letter describing their professional experience from the Italian sponsoring company. This documentary process is simpler and quicker than the Declaration of Value process, which continues to be necessary for any EU Blue Card applicants relying on academic qualifications, and which generally takes two months upon submission of documentation.

Additionally, the circular establishes that EU Blue Card sponsoring employers must be able to prove that no local workers (of any nationality, provided they are registered with the employment office in Italy) are available for the applicable position. To do so, sponsors must submit a modulo richiesta personale form with the employment office. Italian authorities then have 15 days to respond with local candidates. If no response is forthcoming, employers can move forward with the Blue Card application. If a local candidate is proposed, the employer may still decide whether such a candidate is an adequate fit for the proposed role (including following interviews with the individual). Exceptions to this labor market testing requirement apply to certain highly-qualified individuals who currently hold a residence permit for research or an EU ICT permit, with additional exceptions possibly forthcoming.

Separately, following publication of the circular, EU ICT work permit holders can obtain an EU Blue Card without leaving Italy and cancelling their EU ICT work and residence permit. This was not previously possible and will make it easier for these individuals to stay and work in-country.