intra company self-employment visa as a director

What is an Intra-company transfer permit?

The ICT Visa, is a national Visa that allows to obtain a Residence Permit in Italy for a temporary secondment of a third country employee in the:

  • Italian branch, subsidiary or representation office of the foreign company, where the employee works;
  • An Italian company that is part of a corporate group, according to the Italian civil law. This is the so-called intra-group transfer and it can be applied if there is a an employment relation with the foreign company for at least 3 months continuous before the date of the secondment;

How long does a secondment last?

The intra-company transfer has a duration of three years for the executives and one years for the trainees. During this period, they are free to move around the Schengen area. In order to renew the secondment of an employee, it must be a cooling-off period of three months. At the end of the secondment, the employee can be hired by a company of the same corporate group or by the Italian branch or subsidiary where he did the secondment.

Who can apply for ITC work permit?

  • Executives, i.e. workers who has highly professional and independent decision making duties or powers to coordinate and manage the entire company or branch activities;
  • Specialized employee, i.e. workers with highly specialised skills and experiences that are essentials for the activities, based on the previous work experiences in the same field of the secondment. The European Qualification Framework can be a guideline, in order to evaluate the professional qualifications;
  • Trainees, university graduates, transferred and paid during the transfer to a host entity for their career development and completion of training, in accordance with the individual plan;

Which benefits does it have?

After obtaining the security clearance (Nulla Osta) for the ICT Visa issued by the competent Police Headquarter, the main applicant can apply immediately for the security clearance of his/her family members, and request for them the entry Visa in Italy at the same time as his/her request for ICT Visa.

Will my residence permit acquired in a different Member State for ITC be valid for working at a branch, subsidiary or representation office in Italy of the company I depend on?

Yes, it will be valid for a maximum of 90 days within 180 days. It can be also valid for a period of more than 90 days, but subject to authorization in Italy.

Who cannot apply for ITC?

  • Researchers;
  • Beneficiaries of free movement rights, by virtue of agreements between the Member State in which they work and the Member States;
  • Workers in secondment in connection with the provision of services between unrelated company entities (for which the entry procedure will be different);
  • Workers in secondment with a residence permit for self-employment within the annual quotas;
  • Employees admitted as full-time students or carry out a traineeship and that are supervised in their studies.

How can I apply for it?

This kind of Visa application must be submitted at the Italian competent Embassy or Consulate in your country of residence.

Which documents do I need to apply?

The first part of the necessary documentation must be requested in Italy and consists of:

  • security clearance certificate (Nulla Osta) for the secondment in Italy, issued by the competent Territorial Labour Directorial, by presenting the following documents appropriately legalized:
    • Engagement letter by the company which provide for the secondment to the ITC transfer containing the duration of the secondment, date of employment of the worker, tasks performed and qualification to be carried out in Italy, remuneration and commitment to fulfil any social security and social security contribution obligation;
    • Professional work contract with the Italian company;
    • Request of authorization to work in Italy of the competent Territorial Labour Directorial;
    • Declaration of responsibility of the legal representative of the Italian company.
  • security clearance certificate (Nulla Osta) for the entrance in Italy, issued by the competent Police Headquarters.

Alongside these essential documents, it must be produced:

  • documentation proving the availability of accommodation in Italy, through hotel reservation (even short-term rent) or declaration of hospitality;
  • and the business profile from the companies register of the Italian company (visura).

Additional documentation may be added, if requested by the Italian diplomatic office responsible for the Visa issuing.

How can I apply to the Electronic Residence Permit, once I have got my Intra-company VISA?

You must request the release of the corresponding electronic residence permit within 8 days from your entrance in Italy with your yearly multiple entrance Intra-company Visa (outside quota), presenting yourself in person to the competent post-office. In that occasion you must have:

  • an identity card;
  • the completed postal-kit with the payment of tax issuance;
  • a copy of the security clearance (Nulla Osta) to your entrance in Italy;
  • a copy of your Visa;
  • the whole passport.

The competent desk will issue a receipt with the data of the first appointment to the competent police Headquarters, for your personal appearance and the fingerprints. After this appointment, the police headquarters will contact you for the withdraw of your electronic permit card.

How long will my first residence permit be valid?

It may be valid for one or two years, renewable.

Can I renew my Residence Permit?

Yes, for a maximum of three years of secondment.

How can renew my residence permit and which documents do I need to apply?

The application for the renewal must be done by submitting a new postal kit. It must contain the following documents:

  • An updated certification of incorporation of the company where you are employed;
  • Your renewed professional service contract;
  • Documentation certifing your income produced in Italy-

This kind of permit cannot be converted in a different one.

Which duties must the Italian company and the employee respect, in order to obtain the ITC work permit?

The employee must sign the integration agreement. Also, in order to benefit from the ITC permit for secondment, the employee must have an experience of at least 3 months in that companies and an experience of at least 6 months in the same field.

As a result of important regulatory changes relating to ITC for non-EU citizens in Italy, the Italian company where the secondment will be carried out must:

  • communicate the secondment to the Ministry of Labour and Social Policies within twenty-four hours of the day before the start of the secondment. The prior communication of secondment must contain the following information:
    • identification data of the foreign company;
    • number and generality of workers in secondment;
    • start date, end date and duration of the secondment;
    • place of the services’ performance;
    • identification data of the foreign company;
    • type of services;
    • general information and address of a contact person;
    • number of the provision authorizing the exercise of the activity
  • designation of a contact person who is domiciled in Italy in charge of sending and receiving documents and documents. Failing this, the headquarters of the foreign company shall be deemed to be the registered office or the place where the addressee of the work services is established or resides. The mother company of the workers in secondment has in fact the obligation to designate, for the entire period of secondment, a contact person with powers of representation to maintain relations with the social partners interested in promoting the collective negotiation of the second level, with the obligation to be available in case of a reasoned request from the social partners.

How many time I need to renew my permit before applying for the Italian Permanent Residence Permit?

You can apply for your EC long- term residence permit after 5 years of continuous residence in Italy, without considering your long term stay permit and its conversion, if any.

How can I apply for a permanent Residence Permit?

As per the current law provisions, after 5 years of legal stay in Italy, you can request a permanent residence permit (i.e. EC residence permit for long term residents).

The permanent residence permit has no expiry date, it must not be renewed but only updated. It assigns the third-country nationals the right to enter in Italy without a Visa, and it is not related to any investment or donation made in the past. You can apply for the permanent resident permit if you are a third-country national who:

  • are legally staying in Italy for at least 5 years;
  • are holder of a valid temporary residence permit;
  • have an annual income from legitimate sources equal, at least, to the amount established yearly by governmental authorities (€ 5.889,00 for 2018);
  • pass an Italian language test.

 

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