INTRA CORPORATE TRANSFERS (ICT) Work Permit in Italy

29Apr

INTRA CORPORATE TRANSFERS (ICT) Work Permit in Italy

LEGISLATIVE DECREE 29 DECEMBER 2016, N. 253

(IMPLEMENTATION OF THE DIRECTIVE 2014/66/UE)

The articles 27-quinquies and 27-sexies, here below mentioned, have been introduced into the group of the Work Permits for ‘Special entry and stay cases’ contemplated into the Consolidated Act concerning immigration and rules on the conditions of the foreigner, Legislative Decree of 25 July 1998, n. 286, and next amendments.

  • 27-quinquies (entry and stay in the context of intra-corporate transfers)
  • 27-sexies (foreigners holding  a permit for intra-corporate transfer ICT issued by another Member State)

The Directive regulates the entry and residence of non-EU citizens, resident outside EU, who are transferred within a company in EU Member State. 

On 11 st January, 2017, the Italian Decree nr.253 on 29th Dec 2016, which implements the European Intra-Corporate Transfer Directive (2014/66/EU), came into force. The Directive, with the introduction of ‘Intra-Company Transfer’ permit (ICT-permit), simplifies the admission procedure for Expats (and their families), in order to make EU more attractive to international businesses and thus to enhance the international secondment to the EU between affiliated entities.

Main features and qualifying criteria:

  • The Directive covers managers, specialists (key personnel) and trainees who are not nationals of one of the EU Member States, who have already have been employed by that company outside the EU for at least three continuous months before the assignment to Italy;
  • The ‘host entity’ in Italy and the employer established outside the EU must be part of the same company or group of companies;   
  • The ICT-permit can be granted for a maximum of three years for Managers and key personnel and a maximum of one year for trainees. It is important to note that it is not possible to extend the stay in the EU by virtue of the Directive and the at the end of the secondment period, the Expat must relocate to his home country for at least six months in order to be able to re-apply for an ICT-permit in Italy.
  • Holders of ICT work and residence permits issued in other member states will be able to work at a company of the same group in Italy for ‘Short-term mobility’ (up to 90 days in any 180-day period) must simply notify their presence at the Italian competent authorites. An ICT work and residence permit must be obtained for stays more than 90 days, ‘long-term mobility’, but no work visa will be required.
  • Assignees holding the ICT permit will not be eligible to be hired by the Italian host company locally and change their immigration status to a local hire.
  • The ICT permit allows family members of assignees to accompany them to Italy even when the assignment is less than 1 year.
  • For the determination of the minimum income requirements please refer to the Italian company’s National Collective Labor Agreement, as well as to the local authorities in case of workers in training (training project).
  • The employer must confirm its commitment to complying with the relevant social security obligations in Italy unless a social security agreement applies.

It is still possible to submit applications under article 27-a regulating the intra-company work permit for managers as per the Consolidated Act on Immigration, Legislative Decree of 25 July 1998, n. 286, and next amendments.