immigration

Immigration: rules for entry and residence for digital nomads and remote workers are enforceable

digital noma

On 4 April 2024, the Ministerial Decree of 29 February 2024 was published, implementing the so-called Sostegni ter Decree. After two years of waiting, the provision is now in force that allows the entry into Italy of foreign nationals who perform, either as freelancers or employees (even those working for a non-established company in Italy), highly qualified work using technological tools that enable them to work remotely. These persons are admitted to Italy regardless of the quotas established in the programming of entry flows for non-EU citizens for employment reasons.The Decree applies to freelancers (so-called digital nomads), and to employees and collaborators whose working modality is organised by the client (so-called hetero-organised workers).

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Immigration: new points of interest for highly qualified workers

Directive (EU) 2021/1883 is transposed in Italy by Legislative Decree No. 152 of 18 October regarding the conditions of entry and residence of third-country nationals intending to perform highly qualified work. The measure amends the Consolidation Act on immigration and updates the requirements and procedures for issue of the so-called EU Blue Card, namely the work permit issued, for periods of more than three months and outside the quotas established by the Flow Decree, to foreigners in possession of specific educational and/or professional qualifications. The Decree first redefines the objective requirements for entry into Italy, introducing, as an alternative, the possession of specific qualifications.

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Flow Decree 2023-2025: Prime Ministerial Decree published

On 3 October 2023 the Prime Ministerial Decree of 27 September 2023 (the so-called Flows Decree 2023-2025) was published in the Official Gazette, stipulating a total quota of 452,000 foreign citizens for the years 2023, 2024 and 2025 and defining the criteria for entry flows. Of the criteria pertinent to all the years in question the following stand out: a reduction of the gap between the numbers entering and the needs of the labour market, based on a programme of increasing quotas over the three years, consistent with the reception and integration capacity of foreign workers by local communities, the extension of the economic sectors, and incentives to attract highly skilled workers. Further specific criteria for entry within and over and above the set quotas are also detailed.

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