Corporate Immigration — EU Blue Card Update for Italy

Santa Fe publication date

11 April 2024

Overview

On the 28th of March it has been published the Circolare 28 March 2024 in which there are contained the operational instructions regarding the entry into Italy of non-EU citizens for highly qualified work reasons, clarifying the new entry conditions and necessary documentation for the related immigration procedure, following the previous Law Decree of n. 152 of 18 October 2023 that modified the art 27 quater of Testo Unico Immigrazione about EU Blue Card (Carta Blu UE).

Who will be affected?

Different changes will enter into force affecting the NON EU citizens who seek to request the EU Blue Card.

Background

The primary change pertains to the qualifications required.

Non-EU workers are now required to hold one of the following:

• tertiary level higher education degree or a post-secondary level professional qualification attesting to the completion of a higher education program lasting at least three years
• the requirements outlined in Legislative Decree no. 206/2007, limited to the exercise of regulated professions;
• a higher professional qualification attested by at least five years of professional experience at a level comparable to tertiary level higher education degrees, relevant to the profession or sector specified in the employment contract or binding job offer
• a higher professional qualification attested by at least three years of relevant professional experience, acquired in the seven years preceding the submission of the application for the EU Blue Card, regarding managers and specialists in the field of information and communication technologies as classified in ISCO-08, No. 133 and No. 25 will be acceptable.

The last two alternatives requirements are newly introduced and could potentially broaden access to this type of immigration procedure.

At the time of submitting the request, the following documents must be provided:

• for tertiary level higher education degree or post-secondary level professional qualification, the study title must be accompanied by the declaration of value issued by the competent diplomatic representation for the place where the qualification was obtained
• for higher professional qualification employment contract(s) and/or pay slips with the optional addition of a letter of experience drafted by the foreign employer

All documentation issued by authorities/entities NOT belonging to EU countries must be legalized and accompanied by a sworn translation into Italian.

Secondly, the pool of workers who will be able to enter Italy using this type of immigration has been expanded considering that it would be applicable also to foreigners who already reside in Italy as seasonal workers and beneficiaries of international protection, holders of a residence permit for research, holders of an ICT residence permit for intra-corporate transfers pursuant to Article 27-quinquies and holders of the EU Blue Card issued in another Member State.

Third change is about the duration of the employment contract, that must have a minimum duration of six months and no more 12 months. The worker’s annual salary must not be lower than the one indicated in the relevant national collective agreements and, in any case, not lower than the average gross annual salary as reported by ISTAT (approximately 27,000 Euros). For the first 12 months of employment the worker cannot change his working activity, prior authorization must be obtained from the competent Labor Inspectorate in case any change should happen.

The new Circolare also added the possibility for non-EU citizen holding a Blue Card issued by another EU Member State to also engage in working activity during their presence in Italy for a maximum of 90 days within a 180-day period, provided the submission of a declaration of presence to the Competent Office within eight working days of their entry into Italy.

Impact

With these changes the access to this type of immigration procedure could potentially be broaden considering the extension of requirements, of the pool of workers who will be able to do the request and reduction of employment contract.

Date of implementation

28 March 2024

Santa Fe recommendation

It is important to underline that, although the Circulare has been published on March 28th, the telematic system has not been modified yet and until its implementation in accordance with the new provisions it will not be possible to upload any request in accordance with the new changes.

Contact us

Please get in touch with us for further information or clarification:

Roberto Russo
Immigration Specialist — Italy
Santa Fe Relocation
roberto.russo@santaferelo.com

Irene Martín
Immigration Director – Southern Europe
Santa Fe Relocation
irene.martin@santaferelo.com

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