Employee/personnel relocation to Italy appears when an employee is relocated from one company to another. This can happen at a national level, where a company working in Italy transfers an employee to its subsidiary (branch) working in another region of Italy, or it can happen at an international level.
For local relocation there aren’t many procedures to follow, with the exception of internal corporate procedures, but for international work relocation, many immigration rules must be applied.
Considering these, you can rely on our immigration lawyers in Italy for in-depth legal advice on the steps to follow as a company or as an employee when it comes to international work relocation.
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What is the main legal procedure for international employee relocation to Italy?
When we refer to immigration to Italy for employment, there are many options foreigners can have. One of them is the transfer of an employee working in a company outside Italy to a company working in Italy.
Here, 2 aspects have to be clarified. The company abroad must be located outside the European Union (EU), and the company operating in Italy must have a certain connection to the company abroad.
For instance, the foreign company can be the parent company, while the Italian one, can be an affiliated company, a branch office or a subsidiary.
Typically, this system is known as intra-company transfer (ICT) and it is used for employee/personnel relocation to Italy.
The ICT system is addressed only to few categories of employees, as regulated by the law. These employees can be:
What are the conditions to fulfill for ICT in Italy?
The conditions foreign employees must comply with fall within the scope of the law for immigration to Italy, as well as the EU Directives, which are implemented in Italy.
Therefore, you can find out below, from our team of immigration lawyers in Italy, some of the main characteristics of the ICT system, as established for Italy (in other countries, other requirements can be available):
- employee/personnel relocation to Italy is possible for the 3 categories mentioned above if each category has completed minimum 3 months of employment in the parent company abroad;
- the main regulations for ICT in Italy are given by the Articles 3 and 5 of the Directive 2014/66/EU;
- in order for ICT to Italy to take place, the company working in Italy must announce the Italian prefectures, which must issue a decision within 45 days since the announcement was made;
- the visa issued for the ICT is valid for minimum 1 year, but it can be extended (1 year for trainees and 3 years for the other 2 categories of employees);
- the law on immigration to Italy states that once the foreigner has arrived in this country, he or she is obliged to announce the prefecture in maximum 8 days regarding the arrival, for the purpose of obtaining a residence permit.
Please mind that ICT can also be available at an EU level, which implies that a person working in a EU state will relocate for employment in another EU state (Italy, in this case), but for this scenario, there aren’t immigration procedures to follow, because the parties involved are EU states.
However, even EU employees working in Italy will need to apply for a residence permit, which is a requirement for a foreign nationals, regardless of their nationality. This is also a rule applicable anywhere else in the world.
Our immigration lawyer in Italy can offer more details on the process of obtaining a residence permit. You can contact our team if you want to move to Italy for temporary or permanent employment and you can find from us what are the main visa routes that are more suitable for your situation.