Italy follows the path taken by other European countries and facilitates the entry of citizens of third countries who decide to work in the national territory, for a specific period, carrying out their business remotely. The novelty is contained in article 6 quinquies, of law 25 of 28 March 2022, converting the Sostegni-ter decree (law decree 4/2022), which integrates article 27 of the TUI (legislative decree 25 July 1998, n. 286). The new regulatory provision intercepts those “highly qualified” non-EU workers who, using technology, are able to work remotely “independently or for a company that is not resident in the territory of the Italian state”.
Specific visa for one year
To enter Italy, these workers will only need an entry visa, specific for this category, lasting no more than one year. The introduction of this type of visa certainly represents a new element that brings our country closer to some international experiences. Digital nomads and non-EU remote workers, self-employed or subordinates, will therefore be able to enter Italy outside the annual quotas of the flows decree, which provide for a maximum of 69,700 units, of which 42,000 are reserved for seasonal work; once they have applied for a visa, they will be entitled to a residence permit valid for up to one year. These workers will have to take out health insurance (which covers all risks), respecting the Italian tax and social security provisions.
No “clearance”
An inter-ministerial decree will be called to define the procedures and requirements for issuing the residence permit, the minimum income thresholds, the procedures for verifying the work activity and further details on the categories of workers who can benefit from this specific type of visa. The greatest innovation introduced by the law is undoubtedly the lack of a request for work authorization, the so-called “nulla osta”, provided for most of the entry procedures for work purposes.
Less red tape for the transfer
All this will lead to a simplification of the bureaucratic process and will allow an easy entry of highly qualified professionals and workers who could also be called to operate at the service of Italian companies, carrying out their work in our country but remotely. With the introduction of this novelty, Italy faces a new horizon, following a path already undertaken by other countries which, in the intentions of the legislator, should lead to a greater influx of foreign talents and professionals.
Article by Luca Calabrese, Raffaele Calabrese, Serena Civardi, Elena Pasini, Azzurra Sestito, Roberto Sante Smilari, Alessio Vagnarelli