Focus On Il lavoro autonomo

With regard to self-employment, The Consolidated Immigration Act stipulates, that non-EU workers who intend to carry out a non-occasional self-employment activity in Italy might work provided that such self-employment activity is not reserved by law for Italian citizens or citizens of one of the other Member States of the European Union (Art. 26, paragraph 1).

In any case, foreigners who intend to carry on an industrial, professional, handicraft or commercial activity in Italy, or want to establish corporations or partnerships or access corporate positions, have to prove (Art. 26, paragraph 2 of the T.U.) that:

• hold adequate resources for the activity they intend to undertake in Italy;

• meet the requirements established by law and other applicable provisions, for the pursuit of the individual activity, including, where required, the requirements for entry in professional bars (required for certain professions) and registers;

• hold a certificate from the competent authority, dated not earlier than 3 months, declaring that there are no reasons preventing the issuance of the permit or the license provided for the activity they intend to carry out;

• have suitable accommodation and an annual income higher than the minimum required by the law for exemption from health care taxes (Art. 26(3)). 

The Diplomatic or Consular representations issue an entry visa for self-employment specifying the exact activity to which the visa relates to after ensuring that the above-mentioned requirements are met and after obtaining clearance from the Ministry of Foreign Affairs, the Ministry of the Interior and the Ministry that may be competent in relation to the activity that the non-EU worker intends to carry out in Italy.

The entry visa is issued within the quotas established by the Flow Decree.

An entry visa for self-employment must be issued or denied within 120 days from the date of submission of the application and the relevant documentation and must be used within 180 days from the date of issue.

By means of an attorney Non -EU workers are obliged to apply to the competent administrative authority for a declaration certifying there are no grounds for preventing the issuance of a permit or authorization title if they intend to carry out activities.

In Italy for which it is required an authorization or license or registration in the appropriate professional register Or the submission of a declaration or complaint and any other administrative requirements.

In addition to the provisions of Articles 49, 50 and 51 of the Implementing Regulations on the Right to Study and Professions, the competent body shall provide for the recognition of qualifications or certificates of professional competence issued by foreign states, for activities that require the establishment of specific professional or technical skills, (Article 39 of the Implementing Regulation).

It should also be noted that the Flow Decree2020 (Prime Minister's Decree of 7 July 2020, art. 5) also allows foreign citizens to enter in Italy for self-employment purposes when they intend to set up innovative start-up companies, (pursuant to Decree Law no. 179 of 18 October 2012 (art. 25), converted with amendments into Law no. 221 of 17 December 2012,) in the presence of the requirements provided for by the same law and who are holders of an employment relationship of a self-employed nature with the company.

Please note that to obtain the authorisation from the Italia Startup Visa technical committee, it is possible to consult the dedicated portal https://italiastartupvisa.mise.gov.it/.

Finally, for the recognition of qualifications it is possible to consult the dedicated page on the portal of the Ministry of Labour and Social Policies.