Immigration in Italy

Admission to Italian territory through the external borders of the Schengen Area is permitted only to foreigners that fulfil specific conditions; otherwise an alien may be denied entry by border authorities regardless of whether he or she is in possession of a valid entry or transit visa.

All foreigners who enter Italy legally must comply with the rules governing the stay of foreigners in Italy. Such foreigners shall report their presence on Italian territory to the competent local Police Precinct within eight working days of their date of entry, and apply for a residence permit.

Visas
A visa is an authorisation granted to an alien to enter the territory of the Italian Republic or that of any other Contracting Party for transit or visit purposes.

Authority to issue visas for entry to the Italian Republic is vested in the Italian Ministry of Foreign Affairs and its network of accredited diplomatic and consular officers, responsible for ascertaining that any applicant satisfies the requirements for obtaining a visa. Such visa is issued by the diplomatic or consular mission with territorial jurisdiction over the place of residence of the alien applicant.

The possession of a visa does not automatically entitle an alien to enter Italy, because border authorities may always refuse entry if an alien does not possess adequate means of subsistence or is unable to provide full details regarding the circumstances of the stay in Italy, or for reasons of security or public policy.

No visas (and no extension of any previously issued visas) may be granted to foreigners who are already on Italian territory.

Visas are divided into three main categories:

(a) Uniform Schengen Visas;

(b) Limited Territorial Validity Visas; and

(c) Long stay or National Visas

Visa applications must be in writing, providing all details required by the special visa application form which must be signed by the applicant, and accompanied by one passport-size photograph. Foreigners applying for visas must visit the diplomatic or consular offices in person to be interviewed regarding the reasons and circumstances of the visit. Applications must be accompanied by a valid travel document together and any required supporting documents.

The Interdepartmental Decree of July 12 2000 introduced 20 types of entry visa, as well as the requirements and the conditions for granting such visas.

The nationals of certain non-EU countries do not require a visa for visits up to a maximum of 90 days, for reasons of tourism, missions, business, invitations or participation in athletic events.

Expatriate employees: education
All types of schools are available in Italy. The country has a very well-developed public school system and a good private school network. School attendance is compulsory from the age of six to 14.

Any minor living in Italy is entitled to join the Italian public school system on the same terms and conditions applicable to Italian citizens. Student visas allow foreigners to attend professional, training and university courses.

Work contracts and Work permits
(a) Independent work visa: This type of visa allows entry for a short, fixed-term long visit or open-term long visit to foreigners who intend to exercise a professional activity on an independent basis. The entry to Italy with this type of visa is authorised within the number of quotas established by decree each year. A director of registered companies is considered from an immigration law perspective as an independent worker. A consultancy contract is required if a consultant is hired by an Italian company.

(b) Dependent work visa: This type of visa allows entry for a short, fixed-term long visit or open-term long visit to foreigners who are employed by an Italian company with a subordinate employment contract (also for seasonal or occasional business reasons). The entry to Italy with this type of visa is authorised within the number of quotas established by decree each year. An employment contract is required.

(c) Secondment visa: The secondment procedure is followed when an employee remains on the payroll of the home country employer but is transferred to work for the Italian representative office or company. The application has to be made in the name of the Italian company and the visa is not restricted by any quota. This visa allows the employee to work in Italy for a period of up to five years (including any renewals). To be eligible for such visa, the employee must be an executive-level employee (Dirigente) or a highly-skilled employee and have attained in his own country a seniority level of at least six months. A secondment letter is required.