Focus On Lavoratori extra UE

In questa pagina spieghiamo come è regolato l’ingresso in Italia e l’accesso al lavoro dei cittadini di Paesi che non appartengono all’Unione Europea

Non-EU workers

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Non -EU nationals or stateless persons (i.e. persons who do not have the nationality of any country)  can entry and access to employment in Italy according the Consolidated Text on Immigration (referred to in Legislative Decree no. 286 of 25 July 1998, n. 286 - Consolidated text of provisions governing immigration and the condition of foreigners) and its implementing regulation “Regolamento di attuazione ” (referred to in Presidential Decree no. 394 of 31 August 1999, n. 394 - Regulation on the implementation of the 286). 

Entry into the Italian territory is allowed to non-EU citizens holding a valid passport and an entry visa except for exemptions provided by the rules in force (Article 4 - Consolidation Act).

Foreigners may reside in Italy provided that they have legally entered the territory of the State (Article 4) and in possession of a valid residency permit issued in accordance with the Consolidation Act (Article 5). 

Entry is also allowed to those who have a residency permit or equivalent title issued by the competent authority of another State belonging to the European Union, within the limits and under the conditions laid down by specific agreements.

The residency permit must be applied for within eight working days of entering the Italian territory at the Police Headquarters (Questura) based in the Province where non-EU citizen intends to reside (Art. 5, § 2 of the T.U. and Art. 9 of the implementing regulations).

The residence permit authorising work activity - apart from the exceptions (Art. 5, par. 8.1 of the Consolidation Act). - bears the wording "Single Work Permit" (Legislative Decree n° 40 of 4 March 2014, implementing European Parliament Directive n° 2011/98/EU of 13 December 2011).

Citizens of non-EU countries can enter the Italian labour market if:

  • already legally resident in Italy and, therefore, in possession of a regular residence permit, subject to signing a residence contract with the employer and when all legal conditions are met; 
  • within the quotas established by the so-called Flows Decree, when from abroad.

The maximum quotas of foreigners to be admitted to the territory of the State for work, including seasonal work, and self-employment, - taking into account family reunification and any temporary protection measures that may be in place, are set annually by 30 November in accordance with the Consolidation Acts and the Decrees of the President of the Council of Ministers

Therefore, entry visas and residence permits for subordinate work, also for seasonal needs, and for self-employment, are issued within the limit of the aforementioned quotas (Art. 3, paragraph 4 and Art. 21, paragraph 1 of the Consolidated Act).

The so-called Flows Decree - most recently the Prime Minister’ Decree of 29 December 2022 annually establishes the number of visas for non-EU citizens who can enter Italy for   employment, self employment or seasonal work on the basis of the production system needs.

For more information on the new features introduced by the latest Flows Decree and on the applications procedures go to the Ministry of Labour and Social Policies website and see the Interministerial Circular of 30 January 2023.
Finally, please note that extra-curricular traineeships can be activated for non-EU citizens legally residing in Italy and for non-EU citizens residing abroad.
 

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