The Consolidated Text on Immigration (Legislative Decree n. 286/98, art. 23) provides for a specific entry channel, outside the quotas of the so-called Decreto Flussi, reserved for foreign workers, residing in their country of origin, who have participated in professional and civic-linguistic formation training programs approved by the Ministry of Labor and Social Policies.
To learn more about how to organize one of these programs, consult the dedicated FAQS.
How to hire a worker who has attended one of these training programs?
Whenever they intend to, the employer must send a request for clearance to work to the Unified Desk for Immigration, through a digital platform available here. As previously mentioned, the clearance is not influenced by the quotas provided for by the Decreto Flussi.
The request for clearance must be completed using the LFE model “ Out of quota conversions and special projects ” (Here an illustrated guide)
When the form is sent, the Service Portal connects with the MLSP database and checks whether the worker name is present in the lists of the approved training programs. If the outcome is negative, the system does not allow the request to be sent, but the completed form is kept as a draft for a possible future submission.
The application for clearance to work can also be sent by an employment agency (see the joint communication from the Ministry of the Interior and the Ministry of Labor and Social Policies of August 10th 2023).
Does the employer who wants to hire a worker trained abroad have to produce a sworn statement?
Yes. The sworn statement is a document through which professionals (job consultants, accountants, lawyers etc.) or employer organizations certify compliance with the contractual conditions required by current legislation for the hiring of foreign workers.
What happens after the application has been submitted?
While these entries don’t impact the quotas, they still follow the procedures provided for by art. 22 of Legislative Decree n. 286/98 (Consolidated Text on Immigration), with an exception: checking if other workers are already available in the Italian territory is, in fact, not mandatory.
After 60 days from sending the application have passed, and no reason for denial has been found, the clearance is automatically released and sent – electronically – to the Italian diplomatic offices of the country of origin of the worker. The worker will then apply for an entry visa, which will be issued within 30 days. Workers trained abroad must apply for a visa within 6 months of the end of the course. Once the visa is obtained, the worker can enter Italy.
The employer will be notified of the release of the clearance through e-mail, and will be able to download the authorization by accessing the Services Portal. Any subsequent assessment of impedimental element found by the Police Headquarters and / or through a random check conducted by the National Labor Inspectorate will result in the revocation of the clearance and visa, the termination of the residence contract, as well as the revocation of the residence permit.
What must be done after entering Italy? Is it possible to start working immediately?
Within 8 working days of entering Italy, the foreign worker must arrange an appointment at the Unified Desk for Immigration to sign the residence contract (the procedure for requesting the appointment varies according to the competent Prefecture).
When summoned, the foreign worker and the employer will sign the residence contract. The Unified Desk, after verifying the documentation, assigns a tax code to the worker and has them sign the residence permit application form, which is sent to the competent Police Headquarters through a special kit available at the post office.
Pending the signing of the residence contract, the clearance allows work to be carried out. In any case, failure from the employer to communicate the hiring to the competent bodies (UNILAV form) will make the procedure irregular.
The worker will receive a residence permit for employed work reasons.