Subordinate work - Seasonal work - Self-employment
Actions to be taken by the Italian or foreign regularly residing employer who intends to establish a permanent, fixed-term or seasonal subordinate work relationship with a third-country national who resides abroad:
- he must apply for authorization to the Single Desk for Immigration within the “Prefettura” of the competent province
- applications can be submitted, through special forms, only starting from the date established by the flows decree
The Single Desk for Immigration, having performed the tests provided for by regulations, issues the authorization to carry out a job activity to the employer who, upon collection, signs the contract of residence and electronically informs the relevant Consulate.
- must show up at the relevant Consulate in order to apply and collect the related entry visa within 6 months since the authorization has been issued
- must show up at the relevant Single Desk for Immigration in order to sign the contract of residence, collect his tax code and the kind of form related to his application for permit of residence within 8 days since his entry into Italy.
The recruitment of a foreign national who resides abroad for seasonal work requires the same procedure as for subordinate work
The validity of an authorization to work ranges from a minimum of 20 days to a maximum of 6 or 9 months (according to the duration of seasonal work and also with reference to shorter time jobs to be performed with different employers).
The foreign worker who has already performed a seasonal work and complied with the conditions stated in the permit of residence, will be allowed to carry out a permanent subordinate work, and will subsequently have his permit of residence converted into a permanent work permit, if, upon expiration of his previous permit for seasonal work, he has gone back to his country of origin
The foreign national who intends to carry out an industrial, professional, craftsmanship or commercial permanent self-employment job, or intends to establish a joint-stock or partnership company or to take up posts in a company must possess the moral and professional requirements that law requires from Italian citizens for performing the same activities, including the requirement for being put on registers or on rolls, when necessary, and must:
- apply, also by proxy, to the competent administrative body which is in charge of issuing licences and authorizations or to the administrative authority which is in charge of testing the requirements necessary to perform an activity that does not require any registration, for a declaration that there are no reasons why the licence or authorization, independently on its type (i.e. by the Chamber of Commerce for the registration in the Trade Register, by the Municipality in case of commercial activity for which only prior notification to the Municipality is requested) can be issued. In order to exercise a profession, the foreign professional title that has been obtained in a third-country must necessarily be acknowledged. With regard to a medical profession, also on a temporary basis, the prior acknowledgement by the Ministry of Health is required. As far as professions controlled by the Ministry of Justice are concerned, the procedure for the acknowledgement of the title takes place in the Directorate General for Civil Affairs – Office VII – International Division. Among the professions which lie within the competence of the above-mentioned Ministry we can mention the following: actuary, lawyer, accountant technician, biologist, chemist, agronomist and forester, geologist, engineer, stock agent, psychologist, social worker, work consultant, agrotechnician, building surveyor, industrial expert, journalist. The declaration must date back to no more than three months before the submission of the application
- apply for a certification of parameters related to the availability of the resources which are necessary to perform the selected activity. This certification is issued by the competent Chamber of Commerce, only if the job one intends to perform has an entrepreneurial character. This certification is provided also by the competent professional associations, with regard to the activities subject to registration with their own association
- have a suitable accommodation: for this reason it will be necessary to produce a purchase and tenancy agreement (according to art. 2 and 4 of law no.15, 4.1.1968) and a declaration of an Italian national or of a regularly staying foreign national who certifies to have provided the foreigner with an appropriate accommodation.