ITALY – New EU Blue Card Application Rules

November 28, 2023

New conditions of entry and stay for third-country nationals who intend to carry out highly qualified work in Italy for periods of more than three months were published in Legislative Decree 152/2023 of the Official Gazette no. 256 of 02 November 2023.

The decree allows for entry and stay for periods of more than three months to highly qualified foreign workers, who intend to carry out paid work on behalf of or under the direction or coordination of another person or legal entity, and who can demonstrate the following:

• A tertiary higher education qualification issued by the competent authority in the country where it was obtained, attesting to the completion of a higher education course of at least three years’ duration or a post-secondary vocational qualification of at least three years’ duration or corresponding to at least level 6 of the National Qualifications Framework;
• Higher professional qualification attested by at least five years’ professional experience comparable to tertiary level higher education qualifications; or
• Higher professional qualification in the field of information and communication technologies, attested by at least three years’ experience in the seven years preceding the submission of the EU Blue Card application.

Some additional provisions of the new decree are as follows:

• A foreign national holding a valid EU Blue Card issued by another Member State may enter and stay in Italy to carry out a professional activity for a maximum period of 90 days in a period of 180 days.
• Family members of foreign nationals holding an EU Blue Card who hold a valid residence permit issued by the Member State of origin and a valid travel document can obtain a residence permit for family reasons (within 30 days of the submission of a complete application).
• Employers shall submit contract proposals or binding job offers with a minimum six-month duration, educational qualifications, higher professional qualifications or requirements of Legislative Decree 206/2007, and the amount of the annual salary (at least that provided for by the CCNL).
• It is no longer required to check with the Employment Centre (Labour Office) about the availability of Italian/other foreign workers (already based in Italy) prior to employing highly qualified workers from abroad.
• Foreign workers can start working in Italy upon issuance of the Nulla Osta and while waiting for the release of the residence permit.
• The period during which workers can carry out only the highly qualified activity, for which entry into Italy has been requested is reduced from two years to 12 months.
• The EU Blue Card can be converted into a residence permit for a new employment, self-employment or study, provided requirements to obtain it are met.
• A foreigner holding an EU Blue Card issued by another Member State may stay in Italy for a maximum of 90 days in a period of 180 days to carry out a highly qualified activity. If the stay is longer than 90 days, it is necessary to obtain the Nulla Osta without requiring an entry visa.
• A foreigner who loses their job in Italy, can make a declaration of immediate availability without registering on the employment lists.
• The amount of annual salary offered by the employment contract or by the binding offer cannot be lower than the remuneration established under national collective agreements, and in any case, not less than the average gross annual salary as recorded by ISTAT.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.