International Organization for Migration (IOM)

Table 7.1: Legal provisions for the access of third-country nationals to the italian labour
market
Non EU27 workers residing abroad
a) Non-seasonal workers
The employer (Italian or foreigner legally residing in the country) willing to hire a non-seasonal
non-EU27 worker – within the yearly quotas established by the “Flows Decree” – has to apply at
the provincial Single Desk for Immigration. In cases where the employer knows the employee s/he
wants to hire, s/he must make a request by name for a work permit. For any worker requested, s/he
needs to provide documentation showing that the worker has suitable housing accommodation
(according to the criteria established by the norms of each region), as well as the relevant “proposal
for a residence permit”. Once the application has been checked and given a positive assessment,
the Single Desk issues the work permit to the employer and electronically transmits the
documentation to the consular offices in the worker’s country of residence. The worker has then up
to six months to obtain the relevant visa in order to enter Italy.
b) Seasonal workers
The procedure is similar to that followed for non-seasonal workers. The authorized period of
time is linked to the type of seasonal work, although in no case can it be less than 20 days and
more than nine months (six months for certain types of work). The employer may ask for a
seasonal employment permit lasting several years (a maximum of three) and granting multiple
entries – within the limits of the entry quotas – in favour of an employee who has worked for two
consecutive years.
c) Self-employment
Foreigners are expected by law to meet the same moral and professional standards as those set
for native self-employed workers, including – if necessary – admission for professional registers
or records. Moreover, if one intends to practice professions which require specific qualifications,
these qualifications need to be recognized by the proper Italian authorities. One must also show
proof of adequate financial resources to carry out self-employment as well as suitable housing
accommodation.
Non-EU27 workers already residing in Italy
a) New residence contract for subordinate employment
A non-EU27 foreign worker regularly residing on Italian territory can stipulate a new residence
contract for subordinate employment with an employer who replaces or is added to his/her original
one. Contracting parties must individually conclude and sign the residence contract and send it to
the appropriate Single Desk for Immigration.
b) Conversion of the residence permit
Under certain conditions, a non-EU27 foreign citizen legally residing in Italy who holds a
residence permit for studies or professional training, or has a residence permit for seasonal work,
and has an opportunity for non-seasonal subordinate employment can apply and convert his/her
residence permit.
The (irregular) practice
In spite of the fact that the quota system has officially been referred to as a mechanism
to sanction the entry of new workers – as it was in the intentions of the legislator – it
is common knowledge in Italy that its real functioning differs from the wording of
the law (Ambrosini, 2011d). As often happens in Italy, the economy and the society
react to inadequate institutions and legislations by devising shortcuts which better
fit their needs. In this case, the outcome of this system is (generally) that foreign
workers first enter the Italian labour market as undocumented immigrants (or with a
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