14 February 2017
Under Italian Legislative Decree n°. 253 of 29/12/2016, effective since 11/01/2017, the Ministry has implemented the European provisions in accordance with Directive 2014/66/EU on the conditions of entry of third-country managers, specialists and trainees in the framework of an intra-corporate transfer.
The main changes are as follows:
- Abrogation of article 27, letter G (workers who are employed by organizations or businesses active in the Italian territory and have been temporarily posted by employers to perform specific functions or tasks for a limited period of time, and are required to leave Italy when such tasks or functions have been completed)
- Inclusion of article 27 quinquies (entry and stay in the framework of an intra-company transfer)
- Inclusion of article 27 sexies (foreign nationals in possession of residence permits for intra-company transfers issued by other member States).
27 quinquies (ICT)
This new type of permit (Nulla Osta) is applicable to foreign nationals who are staying outside the European Union and apply to be admitted into the national territory as:
- Managers
- Specialists
- Trainees.
The maximum duration for an intra-company transfer should not be more than 3 years for managers and specialists and 1 year for trainees respectively.
After the said periods, workers shall leave the territory of the Member States. A period of at least three months is required to elapse between the end of the maximum duration for a transfer and another application concerning the same third-country national in the same Member State.
Third-country nationals who hold valid intra-corporate transferee permits (“ICTs”) shall be entitled to work in any second Member State for a period of up to 90 days in any 180-day period per Member State, and will not have to apply for specific work permits.
Although transfers under article 27 A) of the Consolidated Immigration Act are very similar to transfers under article 27 quinquies letter a), they involve a shorter maximum duration (three years vs. five years) and may not be converted into direct employment.
As regards transfers under article 27 quinquies letter b), replacing article 27 G following the abrogation thereof, the main difference consists in that the maximum duration for transfers has been reduced to three years.
27 sexies (ICT)
If any foreign nationals holding valid residence permits for intra-corporate transfers (ICT) issued by another Member State are going to work in Italy for a period exceeding 90 days in any 180-day period, they shall apply for a specific Nulla Osta under article 27 sexies.
The application may be submitted by the host organization to the local Sportello Unico per l’Immigrazione (Immigration Office) prior to the foreigner’s arrival in Italy, or, if the foreigner is already in Italy, within 90 days from his/her entry into the country.
The residence permit thus issued will carry the words “Mobile ICT”.
The implementation of this Directive will make it easier for workers to move across Europe, allowing fair measures to be taken for third-country nationals, and a shared immigration policy to be adopted within the European Union, with a view to effectively managing migration flows.
For more information, please contact Professional Relo: an Immigration Specialist Team is there to help you with any questions you may have.
