LEGISLATIVE DECREE 29 DECEMBER 2016, N. 253 Entered into force on 11/01/2017
IMPLEMENTATION OF THE DIRECTIVE 2014/66/UE
ON THE CONDITIONS OF ENTRY AND STAY OF THIRD COUNTRY DIRECTORS, SKILLED WORKERS AND WORKERS IN TRAINING IN THE CONTEXT OF INTRA-CORPORATE TRANSFERS.
The following articles are inserted in the Consolidated Text of Legislative Provisions concerning immigration and rules on the conditions of the foreigner, set out in the Legislative Decree of 25 July 1998, n. 286, and subsequent amendments, after article 27-quarter:
- 27-quinquies (entry and stay in the context of intra-corporate transfers)
- 27-sexies (foreigners in possession of residence permit for intra-corporate transfer ICT issued by another Member State)
These articles provide simplified procedures for number of entries outside the limits provided by law of third country directors, skilled workers and workers in training in the context of intra-corporate transfers, in which the worker is called to work in the headquarters, branch or representation of the company he works for, in Italy; the procedures are applied also if the work is carried out at an undertaking belonging to the same group or one of its headquarters, branches or representations in Italy.
Intra-corporate transfer means the worker’s temporary posting from a company established in a third country, a company to which the worker is bonded by an employment relationship which has lasted for at least 3 months.
For the determination of the minimum income requirements and of the know-how required from the worker, please refer to the host company’s National Collective Labor Agreement, as well as to the local authorities in case of workers in training (training project).
ENTRY AND STAY IN THE CONTEXT OF INTRA-CORPORATE TRANSFERS
Italian companies can get the workers, who are resident in third countries, to come into the country independently from the part and timing foreseen by the flows decrees, submitting an online request of clearance to the competent prefecture’s single window, that will have to deliver an opinion within the following 45 days.
A special residence permit called ICT (Intra-corporate transfer) of the same duration of the requested transfer and not exceeding 3 years for the directors and 1 year for the workers in training, will be issued to these workers.
Those workers in possession of the ICT residence permit may request family reunification on the basis of the conditions set by the current regulation, independently from the duration of the permit.
FOREIGN NATIONALS HOLDING A RESIDENCE PERMIT FOR INTRA-CORPORATE TRANSFER ICT RELEASED FROM ANOTHER MEMBER STATE
Visa requirements when entering Italy may be waved for foreign workers who are already holders of a ICT residence permit, released by another EU country. These workers may also work for a maximum period of 90 days in a 180-day time span, without any further formalities.
In case of a task with a duration exceeding 90 days, the host company has to file an application for clearance to the competent prefecture’s single window, as required by the previous article. Also foreign nationals already present in Italy and holding the ICT residence permit, released by another EU country, may submit an application for clearance within 90 days from the foreigner’s entry into the country.
A residence permit denominated mobile-ITC will be issued to the foreigners in possession of clearance released in accordance with these records. It is to be noted that the foreigner can regularly work while waiting for the issue of the clearance and of the mobile-ITC permit, notwithstanding the validity of the ITC permit released by the other Member State.