This document compares Italy's new ICT rules implementing the EU ICT Directive to existing national provisions for highly skilled workers. Key differences include: the EU ICT permit has no quotas, a shorter minimum seniority requirement, shorter maximum validity period, and allows family from the start of the assignment regardless of duration. The existing national permit allows local hiring and previously required a posted workers declaration. The processes for obtaining EU ICT and national permits are also compared, outlining different application submission timelines and documentation requirements.

1. M A Z Z E S C H I
BUSINESS, IMMIGRATION & CITIZENSHIP LAW
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Table 2 - EU ICT Process
ITALY: A COMPARISON BETWEEN THE NEW ICT RULES AND THE EXISTING NATIONAL ICT PROVISIONS
With the transposition of directive 2014/66/EC a new specific category of ICT PERMIT has been introduced in addition
to the established No-Quota Highly-Skilled Workers Scheme Art. 27 c. 1 lett. (a) of Italian Immigration law. The new ICT
is introduced by Art. 27 quinquies and Art. 27 sexies of Italian Immigration law.
The existing national highly skilled, intra-company scheme provisions have been retained with some changes (e.g. art.
27 c.1 letter (g) has been deleted). Below is a comparison between the new ICT permit and the 27 c.1 letter (a) permit.
EU ICT WORK PERMIT - (ART. 27
QUINQUES/SEXIES)
MANAGERS/HIGHLY SKILLED WORKERS ART.
27(A) PERMIT
FILING ENTITY HOST COMPANY ESTABLISHED IN ITALY HOST COMPANY ESTABLISHED IN ITALY
SENDING COMPANY (ASSIGNEE’S EMPLOYER) ESTABLISHED OUTSIDE EU ESTABLISHED EITHER IN OR OUTSIDE EU
QUOTAS NO NO
SENIORITY 3 MONTHS 6 MONTHS
MAXIMUM VALIDITY 3 YEARS 5 YEARS
COOLING OFF PERIOD 3 MONTHS NO
CONTRACT OF STAY NO YES
VALIDITY IN OTHER EU STATES YES NO
OBLIGATION TO REGISTER AND APPLY FOR
RESIDENCE PERMIT
YES YES
FAMILY ALLOWED YES, REGARDLESS OF THE DURATION OF
THE ASSIGNMENT
YES, BUT ONLY FOR ASSIGNMENTS OF 1
YEAR OR MORE
LOCAL HIRE
NOT POSSIBLE
POSSIBLE AT THE HOST COMPANY AT THE
END OF THE FIRST ASSIGNMENT PERIOD OR
WITHIN THE MAXIMUM ASSIGNMENT
LENGTH – 5 YEARS
POSTED WORKERS DECLARATION REQUIRED
NO
YES – UNTIL FURTHER CLARIFICATION IS
PROVIDED
COMPARISON BETWEEN PROCESSES
* timeframes as set forth in the law; may be longer in practice*
FILING ON-
LINE WP
APPLICATION
SUBMISSION OF
DOCUMENTS
WITHIN 10
DAYS
WORK PERMIT
APPROVAL
WITHIN 45
DAYS*
FILING VISA
APPLICATION
WITHIN 6
MONTHS
FILING RESIDENCE
PERMIT
APPLICATION
WITHIN 8 DAYS
FINGERPRINTING
ICT RESIDENCE
PERMIT APPROVAL
WTHIN 45 DAYS*
FILING ON-
LINE WP
APPLICATION
DOCUMENTSU
BMISSION
WP
APPROVAL
WITHIN 60
DAYS*
FILING VISA
APPLICATION
WITHIN 4
MONTHS
EXECUTION OF
CONTRACT OF
STAY WITHIN 8
DAYS
FILING
RESIDENCE
PERMIT
APPLICATION
FINGERPRINTING
RESIDENCE
PERMIT
APPROVAL
60 DAYS*
Table 1- “National” ICT Process