Italy Alert – No More Renewals for Existing 27(g) Work Permits for Fixed-Term Highly-Skilled Intra-Company Transferees

Effective immediately, it is no longer possible to renew a work permit issued under article 27 letter (g) of Decree n.286/1998, for highly skilled workers on intra-company assignment for a determined period in order to carry out a specific task or activity.

When the new EU ICT (Intra-Company Transfer) Permit was introduced in Italy in January 2017, the Italian authorities retained the existing ICT permit issued under article 27 letter (a), cancelled the 27(g) work permit category, but allowed renewals for up to one year.

On May 31, 2017, the Ministry of Labour and Social Policy issued a note formally ending renewals for the 27 (g) category.

EU ICT Permit vs National ICT Permit: A Comparison

With the publication of Legislative Decree n. 253/2916, in effect from 11 January 2017, Italy implemented Directive 2014/66/EC of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (the so-called “ICT Directive”), which aims to create a consistent EU-wide system for non-EU nationals sent on assignment within a group of companies to EU Member States.

Below, we list some of the ways in which the new EU ICT Permit differs from the existing national ICT category:

EU ICT PERMITNATIONAL ICT PERMIT
The new EU Intra-Company Transfer Permit is for third-country national managers, specialists and trainees seconded from a non-EU employer to an Italian company of the same group, for stays of up to three years (one year for trainees).The national ICT permit is for managers and highly-skilled workers seconded from an employer established either within or outside the EU, to an Italian company of the same group, for stays of up to five years.
At the expiry of the maximum validity period, a new application can be filed only after a “cooling off” period of at least 3 months have passed.No “cooling off” period is required after the expiry of the maximum validity period before a new application can be filed.

 

Holders of a valid EU ICT permit will be allowed, under certain conditions, to temporarily perform activities at an entity of the same group established in another EU member state.The national ICT permit does not allow intra-EU mobility.

 

Family members are allowed to join the assignee in Italy regardless of the duration of the assignment.

 

National ICT: Family members are allowed to join the assignee in Italy only for assignments of one year or more.

 

A posted worker notification is not required.A posted worker notification is required.
The employee must have been working for the same company, or for a company of the same group, for at least three uninterrupted months immediately preceding the transfer.The employee must have been working for the same company, or for a company of the same group, for at least six uninterrupted months immediately preceding the transfer.

 

Employers of third-country nationals holding work permits issued under article 27 letter (g) of Italian immigration law, who require the employee to remain in Italy beyond the expiry of the work permit, must apply for a new work permit under a different category.

Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert was prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.