As of March 13, 2017, the so called "Annual Cap Decree" (Decreto Flussi), has been published in the Official Gazette.
The Annual Cap Decree determines the number of non-EU workers to be allowed to apply for work permits in different categories and indicates the period during which the applications can be submitted (the so called Click Days).
The Italian Government has announced a cap of No. 30.850 work permits for non-EU workers to be allowed to enter Italy during the year 2017 for seasonal work, non-seasonal work and self-employment reasons.
The Annual Cap Decree does not concern neither managers nor highly qualified workers who should be transferred to Italy and apply – outside the quota mechanism - for intra-company, training, special activities, supply agreement and EU Blue Card work permits pursuant to Article 27, Article 27 quarter, Article 27 quinquies and Article 27 sexies of Legislative Decree 286/98 (Italian Immigration Law).
The quotas provided for by the Annual Cap Decree are reserved to individuals who want to apply for a seasonal work permit (No. 17.000) and to Non-EU workers who wish to enter Italy for non-seasonal work and for self-employment reasons (No. 13.850).
The cap indicated above with reference to non-seasonal work and self-employment work (No. 13.850) includes a sub-quota reserved to convert study, training or seasonal work stay permits into work permits for non-seasonal work or self-employment, that provides for:
- 500 work permits reserved to non-EU nationals residing abroad who have completed an educational/training program in their home country pursuant to Article 23 of the Italian Immigration Law;
- 100 work permits reserved to non-EU nationals who wish to enter Italy for non-seasonal work or self-employed work, only if they have Italian ancestors and reside in the following countries: Argentina, Uruguay, Venezuela or Brazil.
STAY PERMIT CONVERSION
Of the total No. 13.850 work permits mentioned above, No. 10.850 work permits are reserved to the conversion of stay permits, of which:
- No. 5.750 work permits are reserved to the conversion from seasonal to non-seasonal subordinate work permits;
- No. 4.000 work permits are reserved to the conversion of study, internship and/or vocational training stay permits into stay permits for non-seasonal subordinate work;
- No. 500 work permits are reserved to the conversion of study, internship and/or vocational training stay permits into stay permits for self-employment work;
- No. 500 work permits are reserved to holders of an EU stay permit for long-term residents issued by another EU Member State who apply for a work permit in Italy;
- No. 100 work permits are reserved to holders of an EU stay permit for long-term residents issued by another EU Member State who apply for a stay permit for self-employment in Italy.
The remaining 2.400 work permits are reserved to the following non-EU workers:
- entrepreneurs who intend to realize an investment in Italy of at least € 500,000.00 and intend to create at least 3 new job positions in Italy;
- freelancers who intend to practice regulated professions or professions that are non-regulated but represented at national level through associations included in the lists edited by the Public Administration;
- individuals who want to cover the position of managing directors or directors of an Italian company, active for at least 3 years;
- well-known and high-repute artists, artists with high professional qualification or artists who are hired by public or private entities;
- non-EU citizens who intend to set up innovative start-up companies, who will have a self-employment relationship with the start-up, under the conditions indicated by the Law December 17, 2012, No. 221.
Application forms for non-seasonal work permits, self-employment and permits conversion can be submitted as of 00.00 am (CET) March 20, 2017. The stay permits will be issued on a first come, first served basis.
Seasonal work application can be submitted as of March 28, 2017. Also in this case, the stay permits will be issued on a first come, first served basis.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.