Having implemented the recast EU Blue Card Directive (see our previous alert here), the Italian Government has now provided further clarity on practical implementation. By detailing the exact eligibility requirements for an Italian Blue Card, as well as the conditions and limitation for intra-EU mobility, there is now more certainty for employees and employers when applying for an EU Blue Card in Italy.
These clarifications are in line with the conditions of the recast Directive, which are more favourable than under the previous EU Blue Card Directive. For more information on the changes following the recast, we refer to our alert on the recast EU Blue Card Directive.
The Italian Government, through the Ministry of the Interior Circular No. 2829 of 28 March 2024, has now provided official clarifications and interpretations on the requirements and documentation for entry and employment of a highly qualified foreign workers under the new EU Blue Card (Decree 152/2023). This is in line with the requirement to transpose the relevant provisions of the recast EU Directive into national law.
The procedure refers to the non-EU citizens that meet the following alternative requirements:
| New Employee Requirements | |
| Three-years university degree. | Declaration of Value issued by the Italian Consulate aboard or CIMEA certification. |
| Post-secondary qualification of at least three-years. | Declaration of Value issued by the Italian Consulate aboard or CIMEA certification. |
| Attested higher qualification of at least 5 years’ professional experience. | Employment contract(s) and/or pay slips (if possible, with a reference letter issued by the foreign employer), covering the period of employment and with the indication of the specific sector of activity in which the employee was employed. |
| Attested higher qualification of at least 3 years’ professional experience (acquired within the previous 7 years) in the field of IT and Communication. | Employment contract(s) and/or pay slips (if possible, with a reference letter issued by the foreign employer), covering the period of employment and with the indication of the specific sector of activity in which the employee was employed. |
The procedure is also applicable for regulated professions under Legislative Decree No 206/2007.
The documentation provided abroad must be legalized/apostilled and translated into Italian language.
The Italian employer (applicant) must submit a self-certification of the economic and financial situation (Asseveration), signed by a chartered accountant, lawyer or employment consultant registered in the national professional registers.
The job offer must have a minimum duration of 6 months (previously the minimum was 12 months) and the salary offered has not be lower than the minimum set by the applicable National Collective Labour Contract (CCNL) and, in any case, not lower than the average gross annual salary recorded by ISTAT.
The non-EU citizen may change employer before 12 months only if expressly authorized by the Labour Authority (ITL). After 12 months any previous authorization is required.
The non-EU citizen in possession of EU Blue Card can also perform self-employed activities and in the event of losing the job, the foreign citizen may apply for an unemployment permit of stay.
Non-EU citizens holding an EU Blue Card issued by another EU Country can enter Italy and work for 90 days within a 180-day period, as long as they declare their presence in Italy at the police station within 8 days of arrival.
Furthermore, after residing legally in an EU Country for 12 months (before was 18 months) with an EU Blue Card, a non-EU citizen can enter Italy without a visa to perform a highly qualified job for more than 90 days. However, a Nulla Osta (Work Permit) and a Permit of Stay (EU Blue Card) issued by the competent Italian Immigration Office will be required.
In addition, seasonal workers, beneficiaries of international protection and holders of a residence permit for research and ICT who reside in Italy on a regular basis can apply for the EU Blue Card. In the case of research and ICT, no documentation is required to prove the highly qualified skills required by law.
Finally, the EU Blue Card includes the possibility to apply for a family permit for dependents with the same duration as the main applicant.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Giovanni Guidone
Director, Italy Immigration Lead
Further information on Vialto Partners can be found on our website: www.vialtopartners.com
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Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
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Further information on Vialto Partners can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
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