18 Sep | ICT- Intra Corporate Transfer in Italy
Italy’s Government approved Legislative Decree n. 253 on 29 December 2016, regulating intra-company transfers of non-EU workers. The Decree entered into force on January 11 th 2017, implementing the EU Directive 2014/66/EU and updating the Italian Immigration Law (Testo Unico sull’immigrazione – Legislative Decree n.286 of 1998), with the intention to facilitate the immigration process for work purposes.
The Decree introduces two new articles:
– Art. 27 – quinquies: intra-company transfer to Italy;
– Art. 27 – sexies: intra-company transfer Residence Permit issued by a member state
An Italian company can apply for the ICT Permit directly online through the portal of Italy’s Ministry of Internal Affairs. If the company submits all the required documentation, the work permit is released within 45 days.
Upon approval of the ICT work permit, the employee will need to obtain the work visa in the residential Country and within 8 days from the entrance date in Italy, the applicant will need to sign a Contract of Stay with the relevant Immigration Office and submit the application for the Residence Permit.
A holder of an ICT permit from another European State Member can work for a company group branch in Italy without requiring a new visa for a period up to 90 days. The worker has just to notify his/her presence to the police. Over 90 days the worker must request and obtain an Italian Issued ICT and Residence permit from the local Immigration Office.
The family members of the employee in possession of a work visa (valid at least 12 months) can apply for the family reunion process and will obtain a Residence Permit that will have the same validity as the ICT Permit.