Legislative Decree no. 108 of June 28, 2012 introduced a new residence permit, also known as the “EU Blue Card,” due to the wording that characterizes it.

Foreigners eligible to apply for the residence permit with the wording “EU Blue Card” are highly skilled non-EU workers who intend to carry out paid employment on behalf of or under the direction or coordination of another natural or legal person, and who can therefore enter or stay in Italy outside the quotas established by the flow decree.

It is therefore a residence permit specifically provided for highly skilled workers whose professional qualifications must be certified by suitable academic qualifications and professional certificates issued by their countries and must meet all the requirements for valid recognition in Italy. The residence permit is issued for a two-year period, in the case of an indefinite employment contract, or for a duration equal to that of the employment relationship in other cases. The holder of the EU Blue Card, limited to the first two years of legal employment in the national territory, can only carry out work activities that comply with the admission conditions and only those for which the EU Blue Card was issued.

However, it is possible to change employers during the first two years, but the work activity remains unchanged. Changes of employer are subject to preliminary authorization by the competent Territorial Labor Directorates. After 15 days from the receipt of the documentation relating to the new employment contract or the binding offer, the opinion of the competent territorial directorate is considered acquired.

The blue card can be issued, subject to completion of the procedure subsequently indicated, to:

• foreigners residing in a third country;
• foreigners regularly residing in the national territory;
• foreigners legally residing in another EU Member State;
• foreigners holding a Blue Card issued by another Member State.

On the other hand, the following cannot apply for this residence permit:

• foreigners staying for reasons of international protection;
• foreign researchers;
• foreigners who are family members of EU citizens who have exercised their right to freedom of movement;
• foreigners holding a CE residence permit for long-term residents and those holding such a permit issued by another Member State;
• seasonal workers;
• posted workers;
• foreigners entering a Member State under commitments provided for by an international agreement facilitating the temporary entry and stay of certain categories of natural persons connected to trade and investments;
• foreigners enjoying rights to freedom of movement equivalent to those of Union citizens under agreements concluded by the third country of origin and the Union and its Member States.

The application for work authorization for highly skilled foreign workers is submitted by the employer to the Single Desk for Immigration at the Prefecture-Territorial Office of the Government, exclusively using the computerized system (through the Ministry of the Interior website using SPID identification).

In order to electronically submit the form, it is necessary to provide all the mandatory data requested – including the employment contract or the binding job offer, the educational qualification and the relevant higher qualification, the gross annual amount which must be three times the minimum level required for exemption from health care costs. Foreigners legally residing in the national territory have access to the work authorization procedure regardless of the requirement of actual residence abroad. EU Blue Card holders can reunite with their families, in accordance with the provisions of the Immigration Act, regardless of the duration of the residence permit.

The foreigner holding an EU Blue Card issued by another Member State and authorized to stay in Italy under the conditions provided for in Article 27-quater may request the issuance of the EU long-term residence permit from the Questor.

Blue card issued by another EU State

The foreigner holding an EU Blue Card issued by another Member State, after 18 months of legal residence, may enter Italy without the need for a visa in order to carry out work activity. The employer, within one month of the foreigner’s entry, submits the work authorization application using the procedure indicated above. The work authorization application can be submitted by the employer even if the holder of the EU Blue Card is still residing in the territory of the first Member State.

N.B. In cases of false documentation, or if the employer is found guilty of offenses such as illegal immigration, labor exploitation, or employment of irregular foreign workers, the work authorization will be refused.

If the foreigner does not meet the entry and stay conditions, or does not have sufficient resources to support themselves, or if they have submitted forged documents, the residence permit will be revoked or the issuance or renewal of the residence permit will be refused.