intra company self-employment visa as a director

Who can apply for Self-employment Visa as a director of an Italian company?

This entry-Visa is regulated by art. 26 of the TUI, within the yearly quotas established by the Government in the Flussi Decree and related to the entry of third-country nationals for self-employment, who are directors or shareholders of companies in Italy.

As for the above-mentioned law provision, it states that the entry for self-employment is allowed to the third-country nationals who intends to practice in Italy an industrial, professional, craft or commercial activity, or to set up companies of capital or people or to become directors or shareholders of a company, by submitting the mandatory documentation provided by the law to assess the possession of the requirements for carrying out the activity.

However, a part from this general prediction, with the Flussi Decree an annual quota is made according to migration policies and related not only to the number of people who will have access to the exercise of the independent profession but also to the categories of self-employment for which will be possible to apply.

According to the current 2018 Flussi Decree, the holders of corporate administration and control offices expressly provided for by the interministerial decree May 11, 2011, n. 850 can enter in Italy as for self-employment purposes.

The current orientation of the administrative jurisprudence and of the Council of State, which has been call to express its opinion on the narrowing of the entry quota mechanism, establishes the possibility to request entry Visa into the quotas for self-employment exclusively for:

  • foreign nationals who hold – as for the limited liability companies, or corporations, already in business for at least three years – the office of president, member of the board of directors, managing director, auditor.
    Basing on the reciprocity principle (i.e. equality treatment for States which are contracting parties of a bilateral agreement), it is always possible to incorporate a company in Italy as director and shareholders of an Italian company and apply for a self-employment Visa as director, shareholder or manager of that company, only if it is at least 3 years old.

How can I apply for it?

The application must be submitted to the competent Italian Consulate in the your Country of residence.

Which documents do I need to apply?

To submit your application, the following documents must be produced:

  • Certificate of company registration in the register of companies, with economic administrative files. The office held by the Visa applicant must be showed in this certificate;
  • Copy of a formal declaration of responsibility, previously issued or sent by the legal representative of the company to the competent Directorial Labour Committee, which establishes that there won’t be any employment contract with the applicant;
  • Declaration of the legal representative of the company that assure in favour of the applicant an amount exceeding the minimum level required by law for exemption from participation in health care expenses (€ 8.400);
  • Proof of availability of an housing in Italy, such as:
    • contract for the purchase or lease of a property;
    • declaration made pursuant to articles 2 and 4 of the law 4.1.1968, n.15;
    • declaration made pursuant to the same rules by an Italian or foreign citizen legally residing in Italy, stating that he has made available to the applicant a suitable accommodation, corresponding to the minimum parameters provided for by the regional law for public housing
  • Proof of an income, deriving from legitimate sources. Its amount most be more than the minimum level required by law for exemption from participation in health care expenditure (€ 8.400,00). This minimum income requirement is satisfied in the presence of documentation stating the achievement, in the country of residence, of a similar income for the previous year, or in the presence of the declaration pursuant to art. 2 and 4 of the law 4.1.1968, n.15;
  • Security Clearance (Nulla Osta to work in Italy) issued by the competent Police Headquarter, issued not before that 90 days.

How can I apply to the Electronic Residence Permit, once I have got my Self-employment Visa as a director in an Italian company?

You must request the release of the corresponding electronic residence permit within 8 days of your entrance in Italy, with your one year multiple entrance Self-employment Visa (inside 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 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 has a validity of one or two years renewables.

How will I be able to submit a renewal application and which documents will I need?

The renewal request must be presented as the first request for a residence permit by postal kit and sent in person by attaching:

  • The whole passport or equivalent document;
  • The completed postal kit with the payment of tax issuance;
  • Updated view of the company;
  • A copy of the tax return attesting the perception of an annual income at least equal to the amount of the social allowance, or € 5.889,00;
  • Declaration by the President of the company regarding the duties performed by the applicant, with a copy of the declarant’s identity document;
  • Photocopy of the shareholders’ register in the part in which the position held by the applicant is shown.

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

You can apply for your EC residence permit for long term residents 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 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.

 

0
Comments

Leave a Reply

Your email address will not be published. Required fields are marked *