Issuing of work authorisation - DECREE FLOWS

The legal entry of a foreign worker into the territory of the Italian State to carry out subordinate work is conditional on the approval of an annual government decree, the so-called Flows Decree, which fixes the entry quotas for work, and on the simultaneous request for work authorisation from a legally resident Italian or foreign employer.

The nulla-osta for subordinate employment is the administrative act by which the Single Desk for Immigration (Employment Service) authorises the employer who requests it to hire a foreign worker residing abroad. This authorisation is necessary in order to issue an entry visa for work purposes in favour of the foreign citizen.

The authorisation for subordinate work, including seasonal work, which is transmitted electronically directly to the Consular Offices by the Single Desk for Immigration (in PAT Servizio Lavoro), must be used for the issue of the visa within the deadline of 6 months from the date of issue.

The Flows Decree provides for separate entry quotas for

• seasonal workers/workers in the agricultural and tourist-hotel sectors;
• self-employed workers/workers
• non-seasonal employed workers/workers in the production sectors indicated in the Flows Decree.

The Autonomous Province of Trento, having consulted the employers' associations, cooperation and trade unions, expressed to the Ministry of Labour and Social Policies the need for non-EU workers for the years 2024 and 2025.

To know the non-EU labour needs of PAT, enter the dedicated tab.

The 2023-2025 flows decree can be consulted at the following link of the Ministry.

It should be noted that the revenue stamp used for the nulla osta application, to be entered in any case on the ministerial portal, must not be handed in at the time the nulla osta is issued at Cinformi, but must be kept. In fact, it is the responsibility of the person submitting the application to keep the revenue stamp for possible future checks by the Revenue Agency.

Employers who apply to the Single Desk for Immigration (in PAT Servizio Lavoro) for the issue of a nulla osta to hire a non-EU worker residing abroad on condition that the employment request made by the employer

- falls within the quotas established by the flows Decree

- that there are no reasons preventing the non-EU worker or worker from entering Italy, on the part of the Questura.

The request for work authorisation must be submitted by the employer or the employer to the Single Desk for Immigration (in PAT Servizio Lavoro) of the province of residence or the province where the company has its registered office or where the work will take place, through the Ministry of the Interior's Services Portal.

The application must be sent to the competent Single Desk for Immigration (in PAT Servizio Lavoro), through the Ministry of the Interior's Services Portal by filling in the appropriate online forms, which contain the following fields that must be filled in accurately and completely

• the complete personal details of the owner/owner or legal representative of the company, its name and registered office, or, in the case of home-based work, the complete personal details of the commissioning employer/employing body;
• the full particulars of the foreign worker to be employed;
• the commitment to ensure the foreign person the remuneration and insurance treatment provided for by the laws in force and by the national collective labour agreements for the category or in any case applicable;
• the location of the undertaking or establishment or of the place where the work will be carried out
• declaration concerning the accommodation of the foreign worker;
• the proposal for a residence contract specifying the relevant contractual terms and conditions, including the employer's commitment to pay the expenses for the return of the foreign worker to his/her country of origin;
• a declaration of commitment to communicate any variation concerning the employment relationship.

The telematic procedure for accessing the online services of the Ministry of the Interior requires the possession of a SPID identity as provided for in the Circular of the Ministry of the Interior no. 3738 of 04 December 2018.

OUT-OF-QUOTA APPLICATIONS REFERRED TO THE FLOWS DECREE 2025:

the changes envisaged by decree no. 145 of 2024

DL 145/2024 containing urgent provisions on the entry into Italy of foreign workers, protection and assistance to victims of caporalato, management of migratory flows and international protection, as well as related judicial proceedings, introduces two new out-of-quota applications.

1. NULLA OSTA FOR FAMILY AND SOCIAL HEALTH CARE (instructions and contacts here).

2. SUPPRESSION OF THE QUOTA MECHANISM PROVIDED FOR BY THE FLOWS DECREE, RESERVED FOR THE CONVERSION OF RESIDENCE PERMITS INTO EMPLOYMENT

The procedural novelties of the 2025 flows decree introduced by DL 145/2024 can be consulted on the following page or by viewing the dedicated sheet.

The following must be attached to the application for authorisation in the Services Portal

• Self-certification of Chamber of Commerce registration
• Self-certification of social security and tax position
• Document of Asseveration prepared by the labour consultant, accountant or lawyer. Attention! This document must be prepared and attached to the nulla osta application only by companies that do not use the trade associations that signed the Protocol for the simplification of administrative procedures with the Ministry of Employment and Social Policies.
• Residence contract proposal for subordinate work
• Worker's passport
• Identity document of the employer or legal representative
• Receipt of the request/certificate of housing suitability concerning the worker's accommodation
• Commitment to transfer building or transfer of building

For the request for a nulla osta for non-seasonal subordinate work, it is also necessary to attach

Declaration of verification of unavailability of worker/workers at the competent Employment Centre.

For the procedure for verifying unavailability see www.agenzialavoro.tn.it/Schede-informative/VERIFICA-DI-INDISPONIBILITA-Decreto-Flussi-2023-2025.