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Visa for Digital Nomads and Remote Workers

 Visa for digital nomads and remote workers (art. 27 paragraph 1 letter q-bis and paragraph sexies of Legislative Decree 286/98)

 

1. Definition

These are foreign citizens who intend to carry out a highly qualified work activity in Italy pursuant to art. 27 quater paragraph 1 of Legislative Decree 286/98.

The “digital nomad” is the foreigner who will carry out self-employment activities through the use of technological tools that will allow him/her to work remotely. In such cases, if the requirements listed below are met, a visa for lavoro autonomo self-employed/digital nomad work will be issued.

The “remote worker” is the foreigner who, through the use of technological tools that allow working remotely, will carry out subordinate work or collaboration activities in accordance with the methods set out in Article 2, paragraph 1, of Legislative Decree 15 June 2015, n. 81. The employer or client may have their registered office in Italy or abroad. In such cases, if the requirements listed below are met, a visa for subordinate work/remote worker will be issued.

2. Requirements and conditions for issuing valid for both types of visa:

These visas may have a duration of up to 365 days. If the stay exceeds 90 days, visas will be issued outside the quotas of the “Decreto Flussi” (art. 3 paragraph 4 of Legislative Decree 286/98 – Consolidated Law on immigration which collects the regulation of migratory flows to Italy).

In the case of entry by a digital nomad, provisional authorization (Nulla Osta) from the Police (Questura) is not required pursuant to article 40, paragraph 5, of the decree of the President of the Republic of 31 August 1998, n. 394.

In the case of entry of a remote worker, work authorization (Nulla Osta) from the SUI is not required.

When submitting the visa application, both digital nomads and remote workers must demonstrate that they:

a) are highly qualified workers pursuant to art. 27 quater paragraph 1 of Legislative Decree 286/98;

b) have a minimum annual income deriving from legitimate sources that is not less than three times the minimum level required for exemption from participation in healthcare spending (the minimum level is currently equal to 8,263 euros and increased up to 11,362 in the presence of a spouse and 516 for each dependent child);

c) have health insurance for medical treatment and hospitalization valid for the national territory and for the period of stay;

d) have suitable documentation relating to the accommodation arrangements;

e) have at least six months’ prior experience in the work activity to be carried out as a digital nomad or remote worker.

For the purposes of demonstrating the requirement referred to in point a) “highly qualified worker”, the applicant must demonstrate alternatively:

i. Possession of a tertiary level higher education qualification (issued by a university) which certifies the completion of a higher education course lasting at least three years or a post-secondary level professional qualification lasting at least three-year period or corresponding at least to level 6 of the National Qualifications Framework referred to in the decree of the Ministry of Labor and Social Policies of 8 January 2018, on “Establishment of the National Qualifications Framework issued within the scope of the National Skills Certification System referred to in the legislative decree of 16 January 2013, n. 13″, published in the Official Journal no. 20 of 25 January 2018;

ii. Possession of the requirements set out in Legislative Decree 6 November 2007, n. 206 for the exercise of regulated professions.

Possession of these requirements must be certified prior to the visa application by one of the Italian authorities indicated in article 5 of Legislative Decree 6 November 2007, n. 206, (see List of regulated professions and competent authorities – impresainungiorno.gov.it). For visa purposes, the applicant must therefore present a copy of the aforementioned certification.

iii. Possession of a higher professional qualification attested by at least five years of professional experience of a level comparable to tertiary level higher education qualifications, relevant to the profession or sector specified in the employment contract or binding offer;

To prove possession of this requirement, the applicant must present the following documents issued by public authorities in the country where this experience was obtained (e.g. Chamber of Commerce, municipality, competent public bodies, social security bodies, etc.):

- company identification data and the specific sector of activity in which the company operates or has operated;

- the position held by the interested party within the company (owner, partner, employee);

- copy of the employment contract and/or copies of pay slips relating to the period of work carried out (at least two for each year declared);

- certification from the employer with a description of the experience achieved within the company and indication of the starting and ending dates of the relationship.

iiii. Possession of a higher professional qualification attested by at least three years of relevant professional experience acquired in the seven years preceding the submission of the application, if the applicant is a manager or specialist in the field of information and communication technologies referred to in the ISCO classification -08, no. 133 and n. 25.

The documentation referred to in points i) ii) and iiii), issued by authorities/subjects NOT belonging to EU countries must be presented in a certified copy (or a copy conforming to the original), after having been legalized by the Consulate General or apostilled by the competent authorities accompanied by the translation into Italian. The translation must be certified as compliant with the original text.

In particular, with reference to the higher education qualification and related tertiary level professional qualification, referred to in point 1, in place of the Declaration of Value it is possible to present the comparability certificate issued by the Information Center on Mobility and Academic Equivalences (CIMEA).

Only remote workers will need to submit:

f) the employment or collaboration contract or the related binding offer for the performance of a work activity which requires the possession of high qualifications (article 27 – quater, paragraph 1, of the legislative decree of 25 July 1998, n. 286). The amount of the annual salary, as derived from the employment contract or from the binding offer, must not be less than the salary provided for in the national collective agreements stipulated by comparatively more representative trade union associations on a national level, and in any case not less than the average annual gross salary as recorded by ISTAT (approximately 33,500 euros) and available at the following address:

http://dati.istat.it/viewhtml.aspx?il=blank&vh=0000&vf=0&vcq=1100&graph=0&viewmetadata=1&lang=it&QueryId=12006)

g) a declaration signed by the employer, accompanied by a copy of a valid identification document, certifying the absence of convictions, in the last 5 years, for crimes relating to illegal immigration.

3. Visa for family members

Family members (spouse and minor children) may be issued a visa for family reasons upon receipt of the required Nulla Osta from the Sportello Unico per l’Immigrazione (SUI – One Stop Shop for Immigration.

4. Residence permit (Permesso di soggiorno)

The residence permit must be requested directly from the Questura (Police Headquarters) of the province in which the foreigner is located within eight working days of entering the territory of the State, even if the visa lasts less than 90 days.

For the purposes of applying for a residence permit, the foreigner must show the original documentation presented at the time of the visa request endorsed by the Consulate General.

KINDLY NOTE THAT EXСEPT THE ABOVEMENTIONED DOCUMENTS YOU SHOULD PROVIDE REGULAR DOCUMENTS SUCH AS:

- Application form according to type of visa For details…
While making an appointment via web-site for visa type C an application form will be filled in automatically.
When applying for a visa type D you can find an application form
here.
Photo (of established format) – 1 pcs. For details…
Travel document valid for at least 3 months after the date of the visa expiry. Photocopy of the passport itself and any previous passports (pages with personal data and all pages with stamps or visas). For details…
-  National passport (original and copy of page with a photograph and page with registration)
- Consent for processing the personal data For details…

List of additional documents for foreign citizens is available here.

Kindly ask to check information in the section Important information before documents submission.


Please be advised that VMS service fee is required to be paid after submission of the documents this amount is not included in the visa fees it is an additional fee. For more information please click on the link.

The Consulate General of Italy reserves the right to demand any additional documents.