Business or work? Finally some clarifications on what is allowed/not allowed
One of the most frequent questions we receive from foreign companies is whether their technicians can travel to Italy on a business visa to install, test, repair or provide training on machinery supplied to an Italian customer, or whether a work permit is needed.
Legal framework
Interministerial Decree no. 850/2011 defines the business visa in general terms. It allows entry for economic-commercial purposes, contacts, negotiations, and for “learning or verifying the use and functioning” of capital goods purchased or sold under commercial or industrial cooperation agreements. The Decree does not specify assembly, commissioning, maintenance, repair or training activities. For years, no official interpretation was available on this specific point, and companies had to assess each case on their own, on the basis of a definition that is, as noted below, quite broad.
Recently, the competent authorities have provided the first clarifications on how these activities should be interpreted in practice.
Technical assembly, commissioning and testing
According to the clarifications, the following activities can be considered compatible with business visitor status:
- technical assembly of machinery;
- commissioning and start-up;
- testing and verification of equipment.
This is the case provided that: the activity is temporary in nature; it is connected with a sale, supply or financial leasing agreement; it is carried out by highly specialised personnel of the supplying company.
Maintenance and repair
This has always been one of the most uncertain points. According to the clarifications, maintenance and repair activities can also fall within the definition of “verification of functioning”, and therefore be compatible with a business visa, when they are aimed at restoring the proper functioning of machinery already supplied.
It must be underlined that a temporary intervention to restore functionality is not the same thing as an ongoing maintenance service performed in Italy. Each case has to be assessed on its own facts.
On-the-job training
Training activities can also be covered by a business visa, provided that they are: limited and predetermined in duration; aimed specifically at the transfer of technical know-how on the use, maintenance or assembly of the machinery; carried out by personnel who remain employed and paid exclusively by the foreign company.
The legal framework has not changed. What is new is that, for the first time, there is an official indication of how the authorities interpret it. Being the definition of “business” activity under Italian law rather broad, it still leaves room for different interpretations, and each assignment should be assessed individually, taking into account its duration, the personnel involved and the activities actually carried out in Italy. As a general rule, business trips must not imply gainful employment in Italy.
It should also be noted that business visa holders and visa-exempt travellers remain subject to the general Schengen rule of 90 days within any 180-day period, now monitored through the Entry/Exit Systemso frequent travellers should keep an eye on their cumulative days in the area.
