With the enactment of Legislative Decree No. 253/2016, Italy has added the new EU ICT Permit as a new permit under the Italian Immigration Law. The new ICT Permit applies to managers, specialists, and trainees who are non-EU nationals employed by a company in the same corporate group as the Italian company to which they are assigned. The permit is available to managers and specialists for assignments up to three years, and to trainees for assignments up to one year.
Effective January 11, Italy became the sixth nation to implement the European Union Intra-Company Transfer(ICT)Directive (2014/66/EU), joining Spain, Romania, Hungary, France and the Netherland. Once implemented by all EU states, the ICT Permit has the potential to revolutionize corporate mobility across the continent with a single EU-wide work permit for third-country employees transferred to affiliated corporate entities throughout Europe.
The new type of permit that will support the other types of existing residence permits in the framework of the art. 27 of the Immigration Code adding the art. 27 quinquies, compared to the traditional residence Permit ex art. 27 lett.a) will include:
- Foreign nationals holding the new ICT Permit will not be eligible to be hired by their Italian company locally and change their immigration status to that of a local hire. Furthermore, at the expiration of their new ICT Permit, they will be required to observe a three-month “cooling-off” period before they are able to apply for another Italian work permit; and
- To qualify for the new ICT Permit, the applicant must have been employed by the related foreign company for at least three consecutive months prior to the assignment in Italy.
- The new ICT Permit allows the foreign employee to also perform activities at other companies within the corporate group located in other EU nations that recognize the EU ICT Permit;
- Holders of ICT Permits already issued by other EU nations can similarly be assigned to Italy for up to 90 days by simply notifying the local police station;
- The new ICT Permit may also provide an option for employees who would not normally qualify as “highly-skilled” under the traditional ICT Permit requirements; and
- The new ICT permit allows the families of foreign employees to accompany them to Italy even where the assignment is less than one year.
- The new ICT residence permit card will report the wording “ICT” and will be given for a period not longer than 3 years
Avv. Rosa Chiara De Luca