Italy: Guidelines Issued for New EU Intracompany Transferee Work Permit Category

Guidelines on the new EU Intracompany Transferee (ICT) Permit category have been released. Key rules include a statutory processing time of 45 days from the date of filing, a mandatory three-month cooling-off period and the introduction of specific reasons for the denial of an ICT Permit application, among other rules. Since the previous work permit category available for ICTs is no longer available, holders of this work permit may have difficulty extending their permit past its expiration.

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Mar 09, 2017
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The Ministry of Labour and Social Policies has issued guidelines on the new EU Intracompany Transferee (ICT) Permit introduced in January based on the EU ICT Directive. Notably, the previous work permit category available for ICTs is no longer available.

Duration and Processing Time Rules

Key duration and processing time rules that have been issued include the following:

• Foreign nationals can only file ICT Permit applications for assignments of 90 days or more.

• ICT Permit applications will have a statutory processing time of 45 days from the date of filing.

• The maximum duration of transfer under the ICT Permit is three years for managers and specialists and one year for trainees, including extensions. After this period, the worker must leave Italy and return to the sending employer or to a company in the same corporate group.

• Foreign nationals can only file a new ICT Permit application three months after the expiration or cancelation of their ICT Permit.

Sponsorship Rules

The application must be sponsored and filed by a host entity in Italy that belongs to the same corporate group as the non-EU company.

The sponsoring employer must comply with relevant social security obligations during the entire assignment.

There is more flexibility regarding the documents required to prove that a foreign national has an accommodation in Italy. For example, some immigration offices no longer require a housing feasibility certificate.

Dependents can join the assignee in Italy regardless of the duration of the ICT Permit, and can work under their dependent status.

Intra-EU Mobility Rules

ICT Permit holders can temporarily perform activities at an entity in the same corporate group in another EU Member State, under certain conditions.

New Reasons for Denial of Work Permit

Specific reasons for the denial of an ICT Permit have been introduced, including the following:

• If the host company has been set up for the purpose of obtaining work permits;
• If the host company has been put into liquidation or has been liquidated; or
• If the host company is not carrying out any economic activity.

Effect on Previous Work Permit Categories

The previous work permit category available for ICTs is no longer available. Holders of this type of permit may have difficulty extending their current permit past its expiration.

The work permit for intracompany managers and highly-skilled staff will remain in place.

What This Means for Employers and Foreign Nationals

ICTs should benefit from the new ICT Permit since it is expected to provide streamlined intra-EU mobility for qualified workers.

ICTs under the new permit should be aware of the cooling-off period and employers should comply with the related sponsorship rules.

Holders of the previous work permit available for ICTs who seek to extend their stay in Italy should contact their immigration professional to discuss their status before their permit expires.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to emea@fragomen.com

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
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