INTRA COMPANY TRANSFER IN ITALY – In accordance with Legislative Decree 253 of 29 Dec 2016 implementing Directive 2014/66/EU (in force since 11 Jan 2017) new conditions have been provided regarding the entry and residence of Third country managers, specialised workers and workers who undergo training related to intra-corporate transfers. The change is aimed at making intra-corporate transfers of non-EU workers employed in international companies located outside of the EU easier with simplified and more transparent entry conditions.
A new typology of entry (Article 27 – quinquies), “not falling within the quotas” has been introduced, that is basically an authorized entry for work reasons throughout the whole year and with no numerical limit.
INTRA COMPANY TRANSFER IN ITALY: Intra-corporate transfers relate to a temporary transfer of a foreign employee from a company based in a Third non EU (European Union) country (where he should have at least a three-month employment) to a host Italian company. Both the host company and the third country company must belong to the same enterprise or the same group of enterprises (Article 2359 of the Italian Civil Code). In the framework of intra-corporate transfers foreign workers mobility is conducted among various premises of the host companies including those ones of the Member States.
Entry and residence in Italy to perform subordinate jobs for a period of over three months in the framework of intra-corporate transfers are recognized to foreign workers applying to enter the national territory as:
- Specialised workers;
- Workers undergoing training.
INTRA COMPANY TRANSFER IN ITALY: Such entry applications can be submitted by both foreign workers outside the EU and foreign workers who already possess the residence status in another EU Member State.
The duration of intra-corporate transfers is up to three years for managers and specialised workers and up to one year for those undergoing training. It is allowed to apply for a further intra-corporate transfer only after three months have passed after the conclusion of the maximum duration of a previous transfer.
The new rules do not refer to:
- Workers for a Third country enterprise established on the basis of agreement between this Third country and the EU and its Members;
- Transferred workers resident in Italy (in accordance with Directive 96/71 EC and Directive 2014/76/EU);
- Autonomous workers;
- Subordinate workers;
- Full-time students;
- Those ones who carry out apprenticeship and are under supervision in their l path of education.
The Circular issued on 9 Feb 2017 by the Italian authorities provides information on the categories of workers whom the regulation is addressed to as well as the cases the regulation does not apply to; the characteristics of intra-corporate transfers; job conditions; sanctioning aspects; the procedure to apply for a no-impediment document; short-term mobility of 90 days and long-term mobility of more than 90 days. A list of documents the host company in Italy must submit to the Single Police Immigration Office for the no-impediment document (nulla osta) for intra-corporate transfers to be issued is annexed to the Circular..
If the host company in Italy has signed the memorandum of understanding with the Ministry of Interior, having heard the Ministry of Labour and Social Policies, guaranteeing the conditions provided for by paragraph 5 of Article 1 of the Decree, the no-impediment document is not required. It is sufficient for the host company to submit relevant communication to the Single Desk of Immigration via computer.
Those Third country managers, specialised workers or workers undergoing training who hold an ICT (intra-corporate transfer) permit issued by another Member State (Article 27-sexies) and are willing to apply for an entry or residence permit in the national territory for a period of up to 90 days must comply with the regulations of Article 5, paragraph 7 of Legislative Decree 286 of 1998 and, therefore, submit a “statement of presence” (in accordance with paragraph 1).
Third country workers already holding a valid ICT permit issued by another Member State may need to move within the EU among the host companies based in various EU Member States. If long-term mobility (over 90 days) is required in this case a new residence permit must be issued (“mobile ICT” permit) with the duration that equals to the mobility period requested. The procedure of the issuing of the mobile ICT permit is similar to that one of issuing of the ICT permit.
Central Directorate for Immigration and Border Police of the Department of Public Security of the Ministry of Interior on 11 Apr 2017 sent the Circular to Questuras. The circular identifies the types of residence permits (ICT, or mobile ICT) and relevant codes and governs the aspects concerning the issuing of the residence permit, i.e. terms for concluding the administrative procedure to issue the residence permit.
The General Directorate for Immigration and Integration Policies of the Ministry of Labour and Social Policies on 27 Sept 2017 provided further directives concerning the different types of transfers and different operational issues.
The related documents are the following ones:
- Legislative Decree 253 of 29 Dec 2016 (published in Gazzetta Ufficiale of 10 Jan 2017);
- Internal Circular – Labour – of 9 Feb 2017;
- Internal Circular – Social Policies – of 11 Apr 2017;
- Note – Labour – of 27 Sept 2017.