Corporate Immigration — Revised Italian immigration law for highly qualified non-EU nationals

On 2nd November, the Legislative Decree No. 152 of 18 October 2023 was published in the Gazzetta Ufficiale (Year 164 – Number 256). This decree implements Directive (EU) 2021/1883 of the European Parliament and Council of 20 October 2021, which concerns the conditions of entry and residence of third-country nationals for highly qualified employment and repeals Council Directive 2009/50/EC.

New rules

The most significant change is undoubtedly the expansion of the number of individuals eligible to apply for the EU Blue Card. According to paragraph 1 of Article 27-quater, foreign workers are considered highly qualified if they possess one of the following:

• A three-year University Diploma;
• A post-secondary professional qualification of at least three years, or equivalent to at least level 6 of the National Qualifications Framework (NQF and EQF);
• An attested higher professional qualification with at least five years of professional experience comparable to university degrees;
• An attested higher professional qualification with at least three years of professional experience (acquired within the previous seven years) for managers and specialists in IT and communication fields.

Notably, Bill No. 53, sent to the Senate Presidency on 18 July 2023, referred to a two-year degree and a post-secondary professional qualification of at least two years, or equivalent to level 5 of the NQF. This amendment in the approved text of Article 27-quater slightly reduces the pool of qualified individuals and the opportunities available to applicant companies, which previously were limited to holders of a ‘higher education qualification of at least three years’ duration’.

Other significant changes include the minimum working conditions the employer must guarantee in a binding proposal. These include:

• The proposed employment contract must have a duration of at least six months (previously 12 months);
• The annual remuneration must not be lower than the minimum amounts stipulated by the applicable CCNL and in any case, not less than the average yearly gross salary as recorded by ISTAT.

The requirement of a higher professional qualification within level 1 (legislators, entrepreneurs, and senior management), level 2 (intellectual, scientific, and highly specialised professions), or level 3 (technical professions) of the ISTAT classification of CP 2011 professions is confirmed.

The expansion of qualified individuals also extends to holders of residence permits who were previously excluded, including beneficiaries of international protection, seasonal workers, workers holding ICT permits, and family members of EU citizens under Legislative Decree No. 30/2007. Additionally, the process is simplified for foreign nationals already possessing another ‘highly qualified’ qualification, who do not need to produce documentation for the requisites indicated in paragraph 1.

Other changes introduced by Legislative Decree No. 152 of 18 October 2023 are:

• Reduction to 12 months of the bond period that the foreign worker has with the Blue Card applicant, allowing access to the labour market;
• The possibility for interruption of the employment relationship and registration on employment lists;
• The option for family members for whom reunification has been requested to convert their residence permit for family reasons into a residence permit for subordinate work, self-employment, or study, as well as the simultaneous issue of a highly qualified residence permit.

One of the most notable innovations is the introduction of mobility for EU Blue Card holders issued by another Member State. They can now enter and stay in Italy to work for a maximum period of 90 days in 180 days. Additionally, an EU Blue Card holder residing for at least 12 months in another Member State and wishing to work in Italy for more than 90 days can enter Italy without a visa and Nulla Osta. The residency period in another Member State is reduced to 6 months if the individual has moved from a second Member State for the same purpose. In this case, the employer must apply for Nulla Osta within one month of the foreign national’s entry into Italy with an EU Blue Card issued by another Member State.

Furthermore, employers can renew the option to sign a Protocollo d’intesa (special agreement) with the Ministry of the Interior. This replaces the Nulla Osta with a notification of the proposed contract for subordinate work, aiming to expedite and simplify the entry procedures for foreign workers.
Please note that the new rules are scheduled to come into force on 17 November 2023. However, it will be necessary to wait for a Ministerial Circular to clarify the provisions of paragraph 1, i.e., the demonstration of the ‘highly qualified’ status of foreign workers, given the extension of the number of persons entitled to apply for the EU Blue Card.

For any inquiries or further clarification, you are welcome to reach out to the designated contacts below:

Roberto Russo
Immigration Specialist—Italy
roberto.russo@SantaFeRelo.com

Irene Martín
Immigration Director—Southern Europe
irene.martin@santaferelo.com

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