What has changed
As of January 11, 2017, Italy has introduced the new European Union Intra-Company Transfer permit within the Italian Immigration law. Corporate groups with companies in Italy may now use this option to transfer non-EU nationals employed as managers, specialists, or trainees to their Italian companies from other companies within the same corporate group.
Who is affected?
- Clients allocating assignees to Italy on intra-company transfers
- Non-EU assignees employed as managers, specialists, or trainees by a company that forms part of the same corporate group as the host Italian company
What to expect
Enacted through the Italian Legislative Decree No.253/2016, the EU ICT permit is integrated within the legal framework for Article 27 of the Immigration Code, alongside already existing permits. Assignees qualifying for the EU ICT permit will be subject to the following provisions:
- Assignees holding the EU ICT permit will not be eligible to be hired by the Italian host company locally and change their immigration status to a local hire. Furthermore, at the expiration of their EU ICT Permit, they will be required to undergo a three-month “cooling-off” period before they are able to apply for another Italian work permit;
- To qualify for the EU ICT permit, the assignee must have been employed by the home company for at least three consecutive months prior to the assignment in Italy;
- It will permit the assignee to also perform activities at other companies within the corporate group located in other EU nations that recognize the EU ICT permit;
- Holders of EU ICT permits already issued by other EU nations can similarly be assigned to Italy for up to 90 days by simply providing notification to the local police authorities;
- The EU ICT permit may also qualify as an option for assignees who would not normally qualify as “highly-skilled” under the traditional ICT Permit requirements;
- It allows family members of assignees to accompany them to Italy, even where the assignment is less than one year; and
- The EU ICT residence permit card will include the wording “ICT” and be issued for a period of no longer than three (3) years. Specifically, managers or specialists will be granted employment authorization up to three (3) years, and trainees will be granted employment authorization for up to one (1) year.
Italy is the sixth country to implement the European Union (EU) Intra-Company Transfer (ICT) Directive (2014/66/EU). Once implemented by all EU states, the ICT permit will potentially revolutionize mobility across the EU, providing for a single EU-wide work permit for non-EU assignees transferred to affiliated corporate entities throughout Europe.
What you need to do
Be aware that the EU ICT permit is now available for managers, specialists and trainees seeking an intra-company transfer to Italy.
Contact your Emigra Worldwide representative for further details on how these updates may impact you or your client.