“lavoro subordinato” – employment;

“lavorostagionale” – seasonal work;

“lavoro stagionale pluriennale” –long-term seasonal work;

“lavoro autonomo”– self-employment.

Foreign workers from non-EU countries can work in Italy and obtain a permanent residence permit for this purpose. The residence permits for work are:

• residence permit for gainful employment;
• residence permit for seasonal work;
• residence permit for long-term seasonal work;
• residence permit for self-employment.

The number of foreign workers who can enter Italy for employment reasons is not unlimited.

The number of foreign workers entering Italy is regulated and strictly enshrined in what are known as “flow ordinances” or “dicreto flussi” in Italian.

Therefore, the first thing to remember is that all documents, starting with the preparation of the “D” visa for the entry into Italy of citizens from non-EU countries on the grounds of residence permit for any type of work, are issued strictly within the quotas allocated for this purpose, established annually by one or more decrees of the President of the Council of Ministers of Italy. If these quotas have expired, it is necessary to wait for the next year and the issuance of a new decree.

“Dicreto flussi” or “Ordinance of Flows”.

This decree is drawn up on the basis of data provided by the Ministry of Labour and Social Policy on the state of employment and the number of foreign workers already on the employment rolls, as well as on the basis of data concerning the number of actual jobs provided by the information registry established under the Ministry of Labour and Social Policy.

In setting quotas, the “Flow Regulation” may provide for numerical restrictions on the entry into Italy of workers from countries that do not provide adequate co-operation in the fight against illegal immigration.

In setting quotas, a certain number of “favourable entry quotas” may also be defined for nationals of those countries with which Italy has concluded bilateral agreements on the regulation of entry quotas, for workers of Italian origin (up to the third degree of consanguinity) residing in non-EU countries.

When setting the number of entry quotas, many factors are taken into account, which we will not mention in detail in this article. Our aim today is to give you a basic understanding of what “dicreto flussi” is and to provide you with the general information you need to realise your intentions of obtaining a residence permit in Italy for one of the types of work.

A residence permit (lavoro subordinato) for employment “lavoro subordinato”.

Issuing authority: A residence permit for employment is issued by the Police Headquarters at the request of a foreign worker from a non-EU country.

What is required: to have a free “quota”; to enter Italy with the appropriate visa; to have a work permit issued by the employer; to sign a special contract of residence “soptgatto di soggiorno“at the unified migration office of the Police Headquarters.

The validity period of such a residence permit:

A residence permit for employment can be valid for the duration of the contract, but not exceeding one year (for a fixed-term contract) and not exceeding 2 years (in the case of a contract without a term). This type of residence permit can always be extended upon expiry and allows the foreign worker to perform any other employment activity in another company or to engage in self-employment (sole proprietorship, opening a company).

What is required from the employer: in order to obtain a permit to employ foreign workers, the employer must submit an application to the Immigration Department within the terms and conditions established by the government in accordance with the Work Order Regulations.

Residence permit for seasonal work in Italy “lavoro stagionale”.

The residence permit for seasonal work allows employment in companies that specialise in seasonal activities. These are mainly companies whose labour activity is related to agriculture or tourism.

Issuing Authority:

The residence permit for seasonal work is issued at the Migration Office by the Directorate General of Police in Italy at the request of the foreign worker.

Required to have:

The foreigner must have a free “quota”, enter Italy on a “D” visa obtained in his/her home country. The foreigner must have a work permit from the employer and a residence contract “Contratto di soggiorno” signed at the Immigration Department.

Validity period of the residence permit:

This type of residence permit has a duration of not less than twenty days and not more than nine months, without the possibility of extension (in case of its maximum duration).

If, during the second season of work in Italy, the seasonal foreign worker receives an offer of employment, may apply to the Immigration Office for authorisation to change the residence permit for seasonal work to a residence permit for employment. In this case, the foreign worker must also have a free “quota” within the available quotas established by the “Regulation”.

Requirements for the employer: in order to obtain a permit to employ foreign workers, the employer must submit an application to the Immigration Department within the terms and conditions established by the government in accordance with the Work Ordinances.

Residence permit for long-term seasonal work “lavoro stagionale pluriennale”.

Foreign workers who come to Italy for seasonal work for at least two consecutive years can be granted a residence permit for up to three years. Such a residence permit is called “for long-term seasonal work”.

Issuing Authority:

The residence permit for long-term seasonal work is issued at the Migration Office of the Directorate General of Police in Italy at the request of the foreign worker.

It is necessary to have: a free “quota”, to enter Italy on a “D” visa obtained in your home country. Have a work permit from the employer and a residence contract “Contratto di soggiorno” signed at the Immigration Department.

A residence permit for long-term seasonal work can be issued for up to three years.

The duration and period of seasonal work in this type of residence permit is the same throughout the year as for all years.

For subsequent entries (after the first one) in Italy, a foreign worker admitted on a regular basis can leave on the basis of a simple confirmation from the employer, regardless of the number of places published by the “regulation” for seasonal workers.

What is “Contratto di soggiorno”.

It is a contract, established by Italian law, which is signed between an Italian or foreign employer legally resident in Italy and granting a contract to work in his enterprise and a citizen of a non-European Union state or a stateless person who contains:

• a guarantee from the employer to provide accommodation for the foreign worker that complies with the standards and parameters established by law for housing;
• the employer’s obligation to pay the costs of returning the foreign worker to his or her country of origin;
• the contract is signed within eight days of the foreign worker’s entry into Italian territory, at the immigration office in the province where the employer resides or has its registered office, or at the place of work;
• a copy of the signed contract is transmitted electronically to the one-stop shop at the Labour Office, to the competent consular authority and to the employer himself;
• this contract will no longer be required to extend the residence permit for work reasons.

The duration of the residence permit for the motive of employment or seasonal work, which is stipulated in the contract of residence (contratto di soggiorno) cannot exceed:

• in respect of one or more seasonal work contracts – a total duration of 9 months;
• in respect of an employment contract for a fixed term – duration of one year;
• in respect of an employment contract for an indefinite period of two years.

The loss of employment during the period of validity of the residence permit is not a ground for the cancellation of the residence permit of the foreign worker and his/her family members legally residing in Italy.

A foreign worker who has a residence permit to work, even if he or she loses his or her job and is dismissed, may be registered as unemployed for the remainder of the validity of his or her residence permit.

Residence permit for self-employment (lavoro autonomo).

The entry into Italy of foreign workers not belonging to the European Union, who intend to carry out irregular independent activities in the territory of the State, may be authorised provided that the exercise of such activities is not prohibited by Italian law in Italy, or any other Member State of the European Union.

In any case, a foreigner wishing to engage in productive, professional, craft or commercial activities in Italy or to register companies or open corporate offices must also demonstrate:

• that it has sufficient resources to carry out the activities it intends to carry out in Italy;
• have all the documents required by Italian law to carry out its activities, including, if necessary, being registered in the commercial registers;
• at the latest after 3 months, to have a certificate from the competent authority stating that there are no grounds to prevent the issuance of the permit or licence required to carry out the activity that the foreigner intends to perform in Italy;
• foreign workers, nationals of non-European Union states, must demonstrate that they have housing and an annual income from legal sources in excess of the minimum level required by law and the ability to pay health care costs.

A residence permit for self-employment (“Lavoro autonomo”) is issued at the Migration Office of the Police Headquarters.

It must always be remembered that in order to obtain this type of residence permit, a foreign worker, a citizen of a country that is not part of the European Union , must necessarily obtain the free quota provided by the “dicreto flussi” established annually by one or more decrees of the President of the Council of Ministers of Italy.

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