Immigration: new “out-of-quota” entries and increased entry numbers for 2022

On 16 August 2023, Law no. 112 was published, converting Decree Law no. 75 of 22 June 2023 (the so-called DL PA-bis), which introduced at article 27 of the Consolidated Act on Immigration (Legislative Decree no. 286/98) an additional hypothesis of entry into Italy of foreign citizens for work reasons, without the need to comply with the quotas provided by the Flow Decree. In detail, workers who have, for at least 12 months out of the 48 months prior to the request, been employed by companies based in Italy, or by businesses in which these companies have a shareholding, operating in non-EU countries, will be allowed to enter Italy in numbers over and above the set quotas, in order to work in the aforementioned companies in Italy.

From a procedural point of view, work permits for these persons (as is already the case for executives, highly specialised personnel and university professors) can be replaced by the employer’s notification of a proposed residence contract for employment.

Whereas, as far as entry quotas for the year 2022 are concerned, Prime Ministerial Decree of 19 July 2023 – published in the Official Gazette on 14 August – integrating the maximum limit set by the Flow Decree of 29 December last year, has increased by a further 40,000 (based on the applications already submitted) the number of entries into Italy of foreign citizens for seasonal employment in the agricultural and tourist-hotel sectors. .

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