• Italy: New Fast-Track Procedure for Intra-Company Transferees and Highly Skilled Workers Is Introduced
  • October 18, 2010
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • Employers in Italy now have access to a new “fast-track” application procedure for obtaining work authorization for intracompany transferees and highly skilled workers. To use the new system, employers must register with the Ministry of Interior and fulfill certain mandatory compliance requirements. The new online process is still in the implementation phase, and many details of the new process have not yet been made public.

    The fast-track application procedure allows eligible employers to file work authorization applications online, without the need for advance approval from the Italian Labor Board. Once the application is approved through the online system, the foreign national may apply to the appropriate Italian consular post for an employment visa.

    Registration for the Fast-Track System

    To participate in the new online filing procedure, employers must be registered with the Ministry of Interior and comply with certain mandatory requirements, such as making all applicable minimum social security payments. To register, an employer must execute a framework agreement with the Ministry and provide any requested corporate documents, such its Company Register, corporate bylaws, and articles of incorporation. Once registered, employers receive a password to access the online system.

    Italy’s primary employers’ federation, Confindustria, has already executed a master framework agreement with the Ministry that will allow federation members to take advantage of facilitated registration procedures after they obtain approval from their local Confindustria office and guarantee to adhere to the master agreement.

    Potential Pitfalls

    Though the new procedure is intended to streamline the application process, its documentation requirements are much more burdensome than before and it does not dispense with some of the time-consuming steps in the previous application process. This may negate the overall benefits of the new system. Italian police still must run security checks for all applicants. And within eight days of entry into Italy, foreign nationals must still execute a Contract of Stay at the local Immigration Office (Sportello Unico) and subsequently file a Permit of Stay application. Under the new "fast-track" procedure, every local Sportello Unico must now request the following documents at this stage:

    • Copy of the foreign national’s passport; 
    • Copy of the Italian legal representative’s ID document; 
    • Italian Chamber of Commerce registration, with anti-mafia statement;
    • Support letter from the sending company that is accompanied by a notarization or apostille or equivalent governmental validation method and an official translation; 
    • Governmentally registered evidence to prove affiliation between the sending and Italian companies that is accompanied by a notarization or apostille or equivalent governmental validation method and an official translation; 
    • Employee’s diploma that is accompanied by a notarization or apostille or equivalent governmental validation method and an official translation; 
    • Italian company’s balance sheets and latest tax declarations.

    In preparing this alert, Fragomen worked closely with Studio Mazzeschi (Italy). The content herein is provided for preliminary informational purposes only. We are monitoring the release of information on the new process, and as its requirements become clearer, we will provide updates as appropriate.

    The content herein is provided for informational purposes only. To read more Fragomen Client Alerts please visit: http://www.fragomen.com.