Inter company transfert. The EU Blu card for skilled foreign workers

By | Immigration Law, News |

The EU Blue Card allows the residence permit for work and the employment of qualified foreign workers in Italy.

There are companies in Italy or with residence in another EU member state, which need to hire highly qualified managers and workers who are not European citizens. It must be noted that highly qualified workers and company managers can easily enter Italy with a residence permit.

Every year, the italian Government with the decree on flows establishes the number of entries in Italy of non-EU foreign citizens, for reasons of work, study, etc. However, foreign managers and high-skilled workers are not subject to the decree the number of long-term resident non-EU citizens. The work performance of the highly qualified manager is paid by a company, because the non-EU manager has a qualification issued by the competent authority of his country. The qualification must be recognized by his country as a completion of a high training course of at least three years, also recognized in Italy.

Extract from legal opinion.

The employment of highly-qualified non-EU foreign workers RESIDING ABROAD

The law provides that a company can hire the high-qualified employee with a permanent contract for an indefinite period OR with a temporary fixed-term contract.

Procedures for entry, employment, residence by countries of origin with European Blue card issued by the Single Immigration Desk

The permanent employment of the highly qualified manager in a company. In this case, the law provides for the use of the procedures provided by the EU Blue Card through the release of the permit to the Single Immigration Desk according to the procedures described at this link EU Blue Card or request for entry and residence for qualified foreigners.

The recognition of the professional qualifications of higher education of the foreign worker allows him to carry out in Italy the professions corresponding to his qualification. The declaration of value will be required for the recognition of the educational or professional qualification, to be presented to an Italian diplomatic representation of the country of residence of the high-skilled foreign worker.

Once the entry VISA has been obtained in Italy, the qualified worker must present the application for a residence permit and the issue of the EU Blue Card within 8 days of his arrival in Italy. The qualified foreign worker will receive all the necessary documents in his possession to obtain the EU blue card VISA.

• birth certificate;

• criminal record certificate issued by the country of origin;

• photocopy of passport and original passport;

• No. 2 passport photos;

• receipt for appointment;

• receipt of payment of fees for the issue of the EU Blue Card.

Memorandum of Understanding with the Ministry

Another way of obtaining a residence permit in Italy for highly qualified workers is the memorandum of understanding with the Ministry. For the release of the EU blue card, the employer can sign a special Memorandum of Understanding with the Ministry of the Interior to guarantee the following conditions required:

• educational qualification;

• annual salary amount;

• accommodation;

• residence contract;

• economic capacity required.

Inter-company transfer. Temporary fixed-term employment of the high-skilled worker

These situations are frequent in the case of temporary fixed-term contracts. In the event that the company needs to hire the highly qualified non-EU manager only for a limited period, it can request the inter company transfer for a period of up to 3 years. In this case, the procedure to be followed will be that of transferring the qualified manager from a company based in a non-EU country to a company based in Italy. But to make the transfer possible, the two companies must be part of the same corporate or multinational group. If this condition is satisfied, the procedure is similar to that described for the transfer with the blue card, with the difference that:

the duration of the employment contract cannot exceed 3 years for managers and qualified workers and 1 year for workers in training;
the data of the company from which the manager comes is required;
the company from which the manager comes must indicate all the necessary requirements in the employment contract or in the engagement letter.

Requirements for the temporary transfer of the manager from one company to another company:

connection between the 2 companies, headquarters, branch, legal representation, same group of companies;
employment relationship lasting at least three months with the company from which the skilled worker comes;
duration of the transfer foreseen for a maximum of 3 years for managers and specialized workers, 1 year for workers in training;
Italian address of the company where the worker moves;
qualification of worker, manager, skilled worker or worker in training;
remuneration (salary) and working conditions;
professional training qualifications of the foreign worker;
valid passport;
payment of social security and welfare contributions (INPS).