Immigration Flow Decree 2022: the Decree of the President of the Council of Minister has been published

On 26 January 2023, the Decree of the President of the Council of Ministers of 29 December 2022 was published in the Official Gazette. Known as the Immigration Flow Decree 2022, it sets out entry flows for non-EU workers into the Italian territory for the year 2022.

A total of 82,705 non-EU citizens are admitted to Italy, of whom:

  • 38,705 non-seasonal subordinate employment and self-employment. This quota comprises:
    • 30,105 places reserved for nationals of countries that have signed or are shortly due to sign specific cooperation agreements for migration (e.g. Algeria, Bangladesh, Ivory Coast, Philippines, India, Morocco, Senegal, Sri Lanka, Tunisia and Ukraine) in the road transport, construction, tourism-hotel, mechanics, telecommunications, food, and shipbuilding sectors;
    • 1,000 places allocated to foreigners who have completed training and education in their countries of origin;
    • 100 places allocated to workers of Italian origin residing in Venezuela;
    • 500 places reserved for entrepreneurs, freelancers, corporate office holders, and artists;
  • 44,000 for seasonal employment in the agricultural and tourism-hotel sectors. This quota includes 22,000 places reserved for foreigners whose applications for a work permit are submitted by the employers’ professional organisations.

Applications may be submitted from 9 a.m. on 27 March 2023 until the quotas are exhausted or, in any case, until 31 December 2023, in accordance with the procedures detailed in the inter-ministerial circular currently being adopted.

Before applying to the Single Desk for Immigration for a work permit, employers intending to hire a non-EU citizen are required to verify the unavailability of a worker already present in Italy to fill the job for the required profile at the competent Employment Centre, using the form approved by ANPAL on 26 January.

In this regard, the Decree of the President of the Council of Ministers defines the following hypotheses for ‘unavailability’:

  1. lack of response by the Employment Centre within 15 days of the employer’s request;
  2. unfitness of the worker sent by the Employment Centre ascertained by the employer;
  3. no-show without a justified reason by the workers sourced by the Employment Centre within 20 days of the request.

In addition, in a note dated 27 January 2023, the Ministry of Labour, clarified that prior verification of the unavailability of workers in Italy is not necessary for seasonal workers and those trained abroad.

Lastly, the Ministry specifies that, once 30 days have passed since the submission of the application without any obstructive reasons having emerged, the work permit shall be issued automatically and sent to the Italian diplomatic representatives of the countries of origin for issue of an entry visa within 20 days of the relative application.

Our Global Mobility team is at your disposal for any assistance or clarification you may need.

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