The Intra Company Transfer Visa is for big companies that move their non-European employees from one part of their company to another in Italy for a temporary period.

The Italian Intra Company Transfer Visa, also called the ICT Visa, is for big companies that move their non-European employees from one part of their company to another in Italy for a temporary period.

Italian companies that are part of big international groups with offices or main offices outside Italy can choose to use workers from their foreign offices instead of hiring local people. They can do this by temporarily moving the foreign worker to Italy using the Intra Company Transfer Visa.

What does it mean to second non-EU workers with the Italian Intra Company Visa? The concept of secondment is defined by Italian law, specifically Legislative Decree no. 276/2003. It happens when an employer temporarily sends a worker to another company to carry out specific work. This is done to meet business needs. So, the secondment process involves three parties:

The employer (or the company sending the worker) The worker employed by the sending company The Italian company hosting the worker.

In Italy, there are specific visas for people coming to work within a company already established in the country. These visas are divided into two main categories. For citizens from countries outside the European Union (EU), obtaining a work permit, known as “Nulla Osta” in Italian, is necessary to engage in work activities in Italy. The issuance of these work permits follows an Annual Quota System, which means there’s a set limit to how many permits an employer can acquire for each category of foreign workers. Moreover, there are designated periods during the year when applications can be submitted.

However, there are certain exceptions to this quota system. Some types of workers are exempt from these limits. One such exception applies to Intra-Company Transferees, who are employees temporarily assigned to work in the Italian branch of a foreign company.

The Italian Immigration Law outlines two primary types of Intra-Company Transferee Work Permits:

  1. National Intra-Company Work Permit (described in Article 27 c.1 lett. (a) of the Italian Immigration Law)
  2. EU ICT Work Permit (described in Article 27 quinquies and Article 27 sexies of the Italian Immigration Law)

Under both of these options, individuals remain employees of their home country’s employer and do not become local employees of the company in Italy. This means they maintain their employment relationship with their original employer while working in Italy.

Intra Company Transfer Visa Eligibility in Italy

To qualify for an Intra Company Transfer (ICT) Visa in Italy, certain conditions must be met. The following types of workers can be temporarily transferred and are eligible for an ICT Visa:

  1. Executives: This category includes individuals in managerial positions within their company.
  2. Highly specialized workers: These are employees who possess essential and specialized knowledge required for the specific business area, techniques, and management of the hosting company.
  3. Trainees: This refers to employees who hold a degree and are relocating to Italy either to further their professional careers or to gain expertise in corporate methods and techniques.

Moreover, the EU ICT Work Permit also applies to individuals who already hold an ICT work permit for another European country and are subsequently transferred to Italy.

However, this permit does not apply to students seeking to complete short-term internships as part of their academic studies, nor to workers who are coming to Italy to provide services to companies. Different visa and work permit categories are available for these types of workers.

Intra-Company Transfer Visa Italy: Requirements for Application

To ensure a successful immigration process, it is crucial for both the company and the worker to meet specific criteria and provide necessary documentation.

Company Obligations:

  1. Established Connection: The hosting company in Italy must demonstrate a legitimate relationship with the foreign sending company.
  2. Secondment Agreement: There must be a formal agreement between the sending company and the worker regarding the transfer.
  3. Compliance with Local Laws: The work conducted in Italy must adhere to local labor laws, covering aspects such as:
  • Permitted working hours
  • Minimum annual leave duration
  • Minimum wage standards
  • Workplace health and safety regulations
  • Payment of social security contributions
  • Non-discrimination policies

Worker Requirements:

  1. Employment History: The worker should have been employed by the same company or within the same sector abroad for at least six consecutive months before the transfer (three months for EU ICT Work Permit).
  2. Qualifications and Experience: The worker must possess the necessary qualifications, professional experience, and educational background suitable for the role. If the educational degree is from a foreign country, it must be properly legalized for recognition in Italy.
  3. Duration of Secondment: The length of the secondment period depends on the type of permit:
  • National Intra-Company Work Permit allows up to five years, including extensions, after which the hosting company can consider local employment.
  • EU ICT Work Permit allows up to three years (one year for trainees), after which the worker must return to their home country.

Consequences of Non-Compliance:

Failure to meet the requirements may lead to severe consequences as per Italian Immigration Law:

  • Work permit authorization may be denied or revoked by authorities.
  • Criminal sanctions, as outlined in Article 22, c.12 of the same law, may apply, including imprisonment ranging from six months to three years and fines of €5,000 for each employed worker. These penalties can be increased in cases of aggravating circumstances.

The National Labor Inspectorate (NLI) released note number 12233 on November 27, 2020, providing clarifications on the requirements for companies applying for the Intra Company Transfer Visa, as governed by Article 27 quinquies of Legislative Decree no. 286/1998.

Article 27 places an obligation on the host company to ensure compliance with Italian social security and welfare laws. Consequently, assessments of financial suitability will focus on the host entity, typically an Italian company. However, the NLI clarified that when the host entity is a branch of a foreign parent company, both entities’ financial capabilities can be considered together. This allows the parent company to support any financial shortcomings of the branch.

Nevertheless, it’s crucial to still investigate the financial adequacy of the host entity to ensure it wasn’t primarily established to facilitate workforce entry or lacks any economic activity. These verifications, outlined in Circular No. 517 of February 9, 2017, are essential as they determine whether authorization for the transfer may be refused or withdrawn.

Application Process for the Italian Intra-Company Transfer Visa

To obtain a work permit and residence permit for intra-company transfer in Italy, you must follow these steps:

  1. Work Permit Application: The application for the work permit is submitted by the Italian company or an authorized third party. The processing time can vary depending on the province in Italy, but generally takes up to 2 months.
  2. Work Visa Acquisition: Once the work permit is granted, the employee needs to apply for a work visa at the diplomatic representation (such as consulate or embassy) in their home country. Processing times differ among Consulates and Embassies, but typically take around 15 days.
  3. Entry into Italy and Local Registrations: Within 8 days of arriving in Italy, the worker must report their entry to the local Immigration Office. During this visit, the worker will have an appointment to sign any necessary contracts and file the application for the residence permit.
  4. Residence Permit Acquisition: The foreign worker is required to attend two more appointments in person. The first appointment is for providing biometric data, and the second is for collecting the final residence permit. The processing time for obtaining the final residence permit card can take anywhere from 2 to 6 months.