With the Decree of 29 February 2024, published on 4 April 2024, the Italian Ministry of Home Affairs defined the procedures and requirements for applying for the Italian Digital Nomad Visa, i.e. for the entry and stay of highly qualified non-EU workers who intend to work remotely in Italy.
The Digital Nomad Visa is a visa for those workers who can conduct their tasks and activities remotely. Thanks to regulatory changes in some countries, it is now possible for these workers to work and live in those countries while respecting the labour and immigration regulations of the host nation.
To apply for a Digital Nomad Visa, travellers must:
- be non-EU citizens, as EU citizens are not required to apply for a visa;
- fall into the category of highly skilled workers;
- be able to work remotely, thanks to technological tools;
- be self-employed or work for a company based outside Italy.
Under the legislation, applicants do not have to apply for a Nulla Osta (i.e. a prior authorisation issued by the Ministry of Labour). This exemption simplifies the application process by reducing the processing time for this specific visa.
Furthermore, those wishing to apply for a Digital Nomad Visa do not have to comply with the limitations of the Decreto Flussi (foreign worker quota), i.e. the decree limiting the number of foreigners who can apply for a work visa.
Highly qualified work is defined as work carried out by a foreigner who meets the requirements of Article 27-quater, paragraph 1 of the Immigration Act (TUI).
Foreigners are considered highly qualified if they hold a higher education qualification issued by the competent authority in the country where it was obtained, certifying the completion of a post-secondary higher education programme of at least three years and a related higher professional qualification. The higher qualification, attested by the country of origin, must be recognised in Italy and fall within “levels 1, 2 and 3 of the ISTAT classification of occupations CP 2011”.
The requirements for obtaining a visa and the corresponding residence permit include the possession of:
- A minimum annual income from lawful sources not less than three times the minimum level required for exemption from participation in health care costs (approx. €28,000 annually).
- Health insurance for medical treatment and hospitalisation valid in Italy for the entire period of the stay;
- Appropriate documentation regarding accommodation;
- Previous experience of at least 6 months in the work activity to be carried out as a digital nomad or remote worker;
- Employment or collaboration contract or the relevant binding offer – if a remote worker – for performing a work activity that requires possessing one of the requirements set out in art. 27c, par. 1 of the Immigration Act (TUI);
- Declaration signed by the employer or principal – accompanied by a copy of an identification document – certifying the absence of criminal convictions against him/her in the last 5 years for offences referred to in Article 22 paragraph 5-bis of the Immigration Act (including aiding and abetting clandestine immigration to Italy and clandestine emigration from Italy to other States).
The applicant must apply for the relevant Italian residence permit within 8 days of entering Italy with the Digital Nomad Visa.
This residency permit will bear the wording “digital nomad – remote worker”. It will be issued for a period not exceeding one year, but with the possibility of annual renewal if the conditions and requirements that allowed its issue continue to be met.
The residence permit may be revoked in some instances, for example, if the applicable tax and social security provisions are not complied with.
The holder of a Digital Nomad Visa is allowed to be reunited with his/her family. Family members are granted a residence permit of the same duration as the worker’s.
Digital nomad or remote worker visa holders are subject to a non-EU country’s social security legislation. They are subject to the provisions of the bilateral conventions on social security in force between Italy and the third country concerned. In the absence of such conventions, the social security and insurance regulations provided for by Italian legislation apply instead concerning the duration of the residence permit.
Finally, digital nomads and remote workers will be given a tax code directly by the Questura (Police Headquarters) when the residence permit is issued. Digital nomads will also be required to open a VAT number.
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For more info (in Italian) visit: https://www.gazzettaufficiale.it/eli/id/2024/04/04/24A01716/sg; https://www.gazzettaufficiale.it/eli/gu/2024/04/04/79/sg/pdf
