Important information regarding the pending regulation of the “digital nomad” visa in Italy.

Much anticipation surrounds recent legislation proposed in Italy that will clear the way for non-EU nationals to work as “digital nomads” in Italy legally, without having to obtain a sponsorship from an Italian-based employer. Proposed article 6-quinquies of Law 25 from March 28, 2022 would allow for certain workers from outside the European Union to enter Italy without having to obtain any prior provision or authorisation from an Italian-based employer.

The law which furnished the original proposal, also stipulated that a regulation regarding the details of the new type of visa was to be completed in thirty days from its approval date at the end of March 2022. Due to subsequent changes in the Italian Parliament, however, that deadline has since passed. Any approval of the regulation remains in suspense for the time being. This interim period, however, provides a good opportunity for those interested in applying for a digital nomad visa to analyse the legislation’s regulations and requirements, ahead of its impending approval.

1) What is the criteria for approval for such a visa?

The legal provision stipulates that the visa in question shall be issued to "digital nomads and remote workers who are non-EU nationals." These are citizens of a non-EU country who perform highly qualified labor through the use of technological tools that enable them to work remotely, either autonomously or for a company that is also not resident in the territory of the Italian state. Essentially these are individuals who, having the opportunity to work remotely, either independently or under the employment of an enterprise, including a non-Italian one, establish themselves temporarily in Italy.

2) What specific documents or materials does an applicant need to qualify as a “digital nomad”?

Further implementations will clarify what criteria will be necessary to prove one’s qualifications as a digital nomad. We can expect however that the following documentation will be required to prove one’s eligibility:

-proof of professional status: labor agreements or contract with an employer, or certification as an independent freelancer

-income tax statements

-proof of professional work: a work portfolio, approved projects, invoices to clients

-health insurance coverage : either with an applicant’s own insurer which provides international coverage or with an Italian provider.

3) What are the main new features and benefits of the digital nomad visa in Italy compared to other work visas?

A crucial new feature for this work visa is the non-necessity of work sponsorship within Italy. A digital worker, who intends to settle in Italy, does not need to have a work authorization issued by the prefettura- the local branch of the Ministry of the Internal Affairs which deals with immigration matters. The “digital nomad” visa for non-EU nationals has a key characteristic that separates it from traditional work visas. For all other work visas issued to non-Eu nationals, workers have to comply with the decreto flussi- a workflow quota which puts a cap on the amount of work visas given to a particular area of work and only if applicants are citizens of certain countries. This quota process can be unpredictable and non-guaranteed, as the Ministry’s announcement of the workflow can come without advance notice and is a first-come, first served process. Potential applicants may have to adjust their plans on moving to Italy in estimation of an impending announcement.

Digital nomad visas on the other hand, will most likely not have to comply with the quotas of the decreto flussi and its limits. “Highly skilled workers” who fall under the description of digital nomads, will not have to deal with the stresses of racing to claim one's spot in a quota. The lack of the quota process would most likely streamline the furnishing of a visa.

4) How long would such a visa last and would it be renewable?

For foreign workers in Italy, a visto di lavoro or work visa is connected with a resident permit known as the permesso di soggiorno - a permit of stay over three months that is furnished upon arrival in Italy. This corresponding permit lasts for one year, upon which it needs to be renewed, by reapplying for a new permesso di soggiorno in Italy. We do not know yet if the Ministry will allow for digital nomads to be able to renew their permits, and thereby extend their stay in Italy beyond one year.

5) Interested in obtaining a digital nomad visa in Italy? 

We offer an all-inclusive legal assistance for the digital nomad visa applications, that will include:

-Verification that you meet the requirements to apply;

-Guidance on collecting the documents to submit to the consulate;

-Booking the appointment at the consulate;

-Assistance to the end in the visa issuance process.

We also offer services for expats upon settling in Italy, which include:

-Collection and submission of documents for a permit of staying;

-Review and assistance with rental agreements or property purchases;

- Legal assistance in obtaining a visa for other family members who want to join the applicant in Italy;

-Registration and provision of required legal documents for expat residents upon entering Italy including: 

• Codice fiscale (equivalent to a social security number);

• Registrazione residenza (registration of one’s legal residence);

• Carta identità (an ID card considered as official proof of ID in Italy and in Europe);

• Tessera sanitaria  (the card for national health insurance);

• SPID (abbreviation of “Sistema Pubblico di Identita’ Digitale” which is necessary to have access to all the main services of the Italian state online);

-Applications for any further benefit programs for expats;

-Filing of Italian tax statements, and avoidance of double taxation in your home country.