A) HOW TO OBTAIN A SELF-EMPLOYMENT VISA IN ITALY AS A FREE LANCE, ENTRPRENEUR OR AS DIRECTOR/SHAREHOLDER OF AN ITALIAN BASED COMPANY
What are the general requirements necessary for obtaining a visa for self-employment?
In all cases, to obtain the entrance visa for self-employment, the foreign citizen must always be able to demonstrate to the Italian diplomatic mission in the country of origin or stable residence that they are in possession of:
- a suitable dwelling (art. 26, par. 3, legislative decree no. 286/98 and subsequent amendments, Consolidation Act on Immigration), which can be proven by showing a contract for the purchase or rental of a property, or by means of a declaration made (in accordance with d.P.R. no. 445 of 28 December 2000) by an Italian citizen or a foreigner legally residing in Italy, who certifies that he has made suitable accommodation available to the applicant
- an annual income from lawful sources that exceeds the minimum required by law for exemption from participation in healthcare costs, equal to approximately euro 9.000.
- the provisional clearance (nulla osta) for the purposes of entrance, issued by the competent police immigration office in Italy, to whom must also be delivered (also by nominating a Power of Attorney) a copy of the declarations and the certificates, or of the replacement documentation requested based on the type of self-employment to be carried out in Italy.
To obtain an entry visa for reasons of self-employed activity, it is also necessary to present all the supporting documents issued at least three months previously, along with the public security clearance issued by the police headquarters, to the Italian diplomatic or consular mission of the country of origin or permanent residence of the foreign national.
B) PRINCIPAL ACTIVITIES OF SELF-EMPLOYMENT
Regarding the route that foreign citizens can opt for, depending on the type of self-employment they intend to pursue in Italy, three different hypotheses can be distinguished:
1) INDEPENDENT INDUSTRIAL, PROFESSIONAL OR COMMERCIAL ACTIVITY THAT REQUIRES LICENCES, AUTHORISATIONS OR REGISTRATION IN PROFESSIONAL BODIES.
In these cases, the foreign national must:
- request, also through his attorney, from the competent administrative authority responsible for issuing the relevant licences, authorisations, a declaration that there are no reasons preventing the issuance of the licences or authorisations
- request a statement of the economic means necessary to carry out the activity issued by the Chamber of Commerce competent for the territory.
The criteria followed by the Chambers of Commerce for defining the economic parameters are based on the consideration of all or part of the following cost factors connected to the start-up and exercising of a specific activity:
– eventual property
– machinery and plants
– costs connected to administrative obligations and tax payments
– start-up expenses
– other expenses.
2) SELF-EMPLOYED ACTIVITY FOR WHICH NO REGISTRATION IN THE BUSINESS REGISTER IS DUE (FOR WHICH NO LICENCE OR REGISTRATION IN PUBLIC REGISTERS OR LISTS IS REQUIRED).
In this case, the foreign national must be in possession of:
- a suitable contract accompanied, in the case of an Italian company, by a certificate of registration with the companies register and, in the case of a foreign client, by a similar certificate endorsed by the competent Italian diplomatic or consular mission;
- a copy of a formal declaration of liability, issued in advance or sent by the Italian contractor by its legal representative to the competent Territorial Labour Office, stating that no employment relationship will be established by virtue of the contract stipulated;
- a declaration by the principal stating that the worker will be paid an amount higher than the minimum level provided for by law;
- a copy of the latest balance sheet filed with the commercial register in the case of a corporation or of the latest tax return in the case of a partnership or sole proprietorship or of a non-entrepreneurial principal showing that the amount of income is sufficient to guarantee the remuneration referred to in c);
- the provisional clearance (called nulla osta) for entry purposes, issued by the competent police immigration office in Italy, to which a copy of the declarations and attestations, or of the substitutive documentation required on the basis of the type of self-employment to be carried out in Italy (see section 7. c) main self-employment activities), must also be delivered (also by appointing a proxy).
3) PARTNER and/or DIRECTOR OF PRE-EXISTING COMPANIES
Foreign non-EU citizens who hold the position of president, member of the board of directors, managing director, auditor of companies that have been in business for at least three years are required to submit the following documents:
a) a certificate of registration of the company in the commercial register;
b) a copy of a formal declaration of responsibility stating that no employment relationship will be established by virtue of the contract executed
c) a declaration by the legal representative of the company that ensures for the working partner or for the person holding corporate offices, a remuneration of an amount higher than the minimum level envisaged by law
d) a copy of the company's latest financial statements or a copy of the latest tax return in the case of partnerships
C) WHEN IS THE ENTRANCE VISA FOR SELF-EMPLOYMENT GRANTED AND BY WHICH MEANS?
Once the request has been received and evaluated and the existence of the general and specific requirements of the Consolidated Law on immigration ascertained, the entrance visa for work is issued by means of placing it on the passport of the worker in the form of a sticker, following a standard model.
The entrance visa is denied also in proven cases of convictions in the first degree. If the foreigner does not understand the Italian language, the provision must be accompanied by a translation of its contents in the language he/she understands or, in any case, in English, French, Spanish or Arabic, according to the preferences expressed by the interested party. the rejection provision is motivated and is delivered by hand to the interested party.
When is it necessary to request the permit of stay for self-employment?
Within 8 working days following arrival on the State territory the foreign worker has the obligation to present a request for a permit of stay for the purpose of self-employment (art.5, T.U. Immigration),.