In this article, we want to take into consideration the cases provided for by the Italian immigration law (Legislative Decree 286/98) which allow you to dispatch a Japanese worker to an Italian company.
Before this, it may be interesting to give an overview of the phases in which the obtaining of a residence permit in Italy is articulated.
The first step is the request for a work permit (Nulla Osta): it is requested through an online application on the website of the Ministry of Internal Affair. The request must be made by the Italian company, and it is also possible to proceed with it by delegated attorneys like us on behalf of them. The type of application depends on which procedure you need to choose. Before sending the application it is important to check which documents need to be prepared for the type of procedure chosen.
Following the submission of the application, after approximately 3/4 weeks, a communication is received from the Immigration Office which gives you an appointment for the delivery of the documents, and if the documents are correct, for the issue of Nulla Osta on the same day. The Nulla Osta will be sent automatically to the Italian Embassy in Tokyo or to the Italian Consulate in Osaka.
The second step is the visa application: it must be done by the Japanese worker at the competent Embassy or Consulate in Japan, making an appointment online from the website of the Italian embassy. On that website, there is also the application of the visa to be filled and the list of documents to be brought. On the day of the application appointment, documents and passport must be submitted. It usually takes two to three weeks to get the requested visa.
The third step is the request for the permit to stay (permesso di soggiorno): when the worker enters in Italy with his appropriate visa, within 8 days he/she needs to go to the Immigration Office which issued the Nulla Osta to sign the contract of stay (contratto di soggiorno) and the integration agreement and must go to a post office to send the application for the residence permit. The post office issues a receipt indicating the date on which the worker has to go to the Police station for the identification (fingerprints).
About 2 months after the permit to stay will be ready and it can be picked up at the Questura. The validity of the permit is 2 years with the possibility of renewal.
After this brief overview let’s see what are the immigration cases that concern this article:
We are talking about the particular cases of subordinate work indicated in art. 27 letters (a) and (i), and articles 27quater and quinquies of Legislative Decree 286/98 (Immigration Act).
– art. 27 letter (a): dispatch of managers or highly specialized workers
– art. 27 letter (i): dispatch of workers within a procurement contract
– art. 27 quater: dispatch of highly qualified workers (called EU Blue Card)
– art. 27 quinquies: intra-company dispatch of managers or skilled workers (called ICT)
It is important to highlight that all the cases listed above are outside the numerical quotas set each year by Italy for the entry of foreign workers and therefore the visa can never be refused for an excess of the quotas.
Another important element to highlight is in which of these cases there must be a link between the company based in Japan and the company based in Italy. Of these cases, those provided by articles 27 letters (i) and 27quater do not require a connection between two companies, while for the other two cases mentioned there must always be a link between the Japanese company and the Italian company and the dispatching is also permitted from the Japanese company to a representative office based in Italy. The most frequently requested case is that the Japanese company owns/ sets up the Italian company, or the representative office, and sends its own manager to manage the Italian branch.
It is also important to mention the possibility of bringing the family such as wife and children to Italy by choosing one of the three possible methods; family reunification visa, accompanying family member visa, or family cohesion. The family cohesion case means that the family enters together or after the worker as a normal tourist, then they request a permit to stay directly in Italy.
When planning an investment in Italy, such as the opening of a company, it is also important to consider whether the project includes the sending of employees in Italy as this affects the planning of the structure of the company.
Our team is available for supporting and advising for the most suitable solution in order to define your corporate investment in Italy also from the aspect of transnational dispatching of Japanese workers.
About Us: Bagalà & Partners is an international law firm based in Milan and Tokyo (desk at the Italian Chamber of Commerce in Japan – ICCJ) which established a Japan Desk in order to support Japanese companies investing in Italy. Ms. Masako Nakagawa, originally from Tokyo living in Milan for more than 10 years, is the head of the Desk. This means that our office can perform their advisory services directly in the Japanese language.
For further requests of clarification, please contact Ms. Masako Nakagawa: mako@bagalaandpartners.com / tel: +39 0289052396
