An Italian decree, Decree Law No. 145/2024 came into effect on October 11, 2024, following its publication in the Official Gazette and will be converted into law by December 10, 2024. The decree focuses on streamlining and improving the efficiency of entry procedures for foreign workers. It also addresses issues related to illegal work and labor exploitation and the rules surrounding sea rescues and the identification of migrants.
Upcoming Changes for Immigration Guidelines for Workers
- Biometric data requirement for national visas: As of January 11, 2025 national work visas applicants must submit biometric data, including fingerprints, during the application process. This aligns with the existing biometric requirements for Schengen visa applications.
- Simplified visa denial process: The prior obligation to issue a pre-denial notice under Article 10-bis of Law No. 241/1990 has been removed for visa refusals as well as to the refusal and revocation of residence permits determined by the revocation of the entry visa.
- Permit Conversions no longer subject to the quota system: The so-called “Cutro decree” (DL 20/2023, converted into Law 50/2023) had abolished the requirement that limited the conversion of residence permits issued for study and training purposes to the availability of a quota established by the flow decree. As a result, these permits can now be converted at any time of the year and without numerical limits. In line with these provisions, the new regulations eliminate the quota limits for the conversion of residence permits issued for seasonal work (Article 24 of Legislative Decree 286/1998 TUI), as well as for EU residence permits for long-term residents issued by another Member State of the European Union (Article 9-bis TUI).
- Mandatory requirement for the employer to have a “digital domicile” and digitalization of the procedure related to the signing and sending of the contract of stay: Employers are now required to provide a certified electronic mail address (PEC) for all official communications regarding visa applications and permits.
- Digital signature required for contract of stay and integration agreement: The contract of stay and the integration agreement will now be signed digitally directly between the parties, rather than at the Immigration Office (Sportello Unico per l’Immigrazione). Following this, the employer must submit the signed documents to the Immigration office. This change abolishes the obligation for the employer and the worker to go to the Immigration Office within eight days of the worker’s entry in Italy for the signing of the contract of stay.Instead, it is now required that within the eight-day period, both the employer and the worker sign the contract of stay digitally (through a qualified digital signature; however, the worker can also sign the contract in handwritten form). The employer must then promptly send the signed contract to the Immigration office for the necessary steps regarding the worker’s residence permit application. The new procedure also apply to the procedures for issuing authorization for seasonal work, for entry for work in specific cases as outlined in Article 27 of the TUI, and for entry and residence for highly qualified workers as described in Article 27-quater of the TUI (intra company, service agreement, Blue Card). The work permit work may be revoked if the digitally signed contract of stay is not submitted within eight days, unless the delay is due to force majeure.
- Employer confirmation before visa issuance required: Employers are now obligated to confirm their effective interest regarding the work permit before the visa is issued. Specifically, employers must confirm the work permit application within seven days of being notified that the worker’s visa application has been examined. If the employer fails to provide this confirmation, the authorization request is deemed rejected, and the work permit is revoked.
- Shortened waiting period for labor market tests: The response time for labor market availability checks has been reduced from 15 days to 8 days. If the Employment Center does not respond within 8 days further to the labour market test conducted by the employer, it is possible to proceed with the work permit application, thereby accelerating hiring procedures and reducing waiting times.
- Possibility to pre-fill work permit applications well before the “click day”: Pre-filling of the forms will be possible from November 1, 2024, to November 30, 2024, (and, limited to the tourism sector for the click day on October 1, from July 1 to July 31). During this phase, employers are given the opportunity to select the work permit request template and fill in the fields so that the application is ready for submission on the designated click day. Timely submission of applications is crucial, as they are primarily processed in chronological order of arrival.
- 10,000 quotas for workers in the assistance to elderly and disabled: The decree provides for the entry of foreign workers, with a maximum limit of 10,000 quotas, to be employed in the sector of family and social-healthcare assistance, exclusively for elderly individuals (i.e., those over 80) or persons with disabilities. Applications for this category of workers can be submitted only through employment agencies (APL) or employer associations that have signed the current National Collective Labor Agreement for the domestic sector.
- Measures to prevent irregularities in work permit applications for citizens of high-risk states: Finally, the decree introduces stricter controls for work applications from citizens of countries deemed high-risk (specifically Bangladesh, Pakistan, and Sri Lanka), eliminating the tacit consent procedure and requiring formal checks before the issuance of the work permit
Key Dates and Figures
- Maximum number of applications per applicant: For the year 2025, individual employers may submit up to a maximum of three work permits applications under the established quotas. This limit does not apply to requests made through employer associations or labour consultants.
- “Click days” and new quotas for 2025: The entry quotas and click day dates for 2025 have already been established relevant Decree (DPCM September 27, 2023).
- From 9:00 AM on February 5, applications can be submitted for non-seasonal subordinate workers from countries with cooperation agreements with Italy.
- From 9:00 AM on February 7, applications can be submitted for other non-seasonal subordinate workers (including those in the family and social-healthcare assistance sector).
- From 9:00 AM on February 12, applications can be submitted for seasonal workers.
- An additional date is added: From 9:00 AM on October 1, 2025, reserved for the tourism and hospitality sector
- The decree also increases the quotas reserved for seasonal workers in 2025, from 93,550 to 110,000.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.