Italy: Implementation of Directive (EU) 2021/1883 on the Conditions of Entry and Residence of Third-Country Nationals for the Purpose of Highly Qualified Employment (EU Blue Card) 

Italy: Implementation of Directive (EU) 2021/1883 on the Conditions of Entry and Residence of Third-Country Nationals for the Purpose of Highly Qualified Employment (EU Blue Card)
17 August 2023

New rules are coming for the highly qualified employment !

In a few months, several things will change in the EU blue card application procedures and requirements.

Member States are required to complete the transposition of the directive by November 18, 2023. This is the date by which each Member State needs to enact the necessary laws, regulations, and administrative measures to comply.

In Italy, the government has issued a draft of legislative decree containing the amendments to the law required by the directive.

Below is a summary of the main new provisions included in the proposed draft:

  • Education/professional experience required for unregulated professions:
    • 2 years University-level degree or
    • Post-secondary professional qualification of at least 2 years or
    • 5 years of professional experience in the sector relevant to the job offer or
    • 3 years of professional experience (acquired in the previous 7 years) for managers and specialists working in the field of information and communication technologies

We do not know yet the requirements that will be set for proving the educational qualification or professional experience in terms of documents.

  • Beneficiaries of international protection are also entitled to apply for an EU Blue Card, as well as seasonal workers
  • Job Offer:
    • Minimum 6 months
    • Annual salary not lower than that established by national collective agreements 
  • During the first 12 months of legal employment, the applicant is subject to restrictions both on the change of employer and on carrying out works not fulfilling the criteria for admission
  • The EU Blue card holder can exercise a self-employed activity in parallel with the activity as a highly skilled worker
  • Short-term mobility: a third-country national who holds a valid EU Blue Card issued by another Member State can enter and stay in Italy for 90 days in any 180-day period to carry out a professional activity
  • Long-term mobility: After 12 months of legal residence in a Member State as an EU Blue Card holder, the third-country national can enter Italy without a visa for highly qualified employment for a period exceeding 90 days, further to the issuance of the work permit. As soon as possible and within 1 month after the applicant has entered Italy, the employer must apply for an EU Blue Card work permit.


Differences compared to previous legislation

Author:

Giuditta Petreni

Giuditta Petreni has over 15 years of experience in Italian immigration law, supporting companies, investors, and individuals in relocating to Italy. She provides strategic and practical guidance across a wide range of immigration matters.

gp@mazzeschi.it
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