EU Blue Card: new rules for obtaining clearance

Circular No. 2829, dated March 28th, 2024, provided indications for submitting applications for entry into Italy of highly qualified non-EU citizens.

The Circular under review, which follows Legislative Decree No. 152/2023 transposing EU Directive 2021/1883, changes the requirements a worker must meet to obtain a Blue Card (Art. 27- quater of the Consolidated Immigration Act).

Initially, a university degree obtained after a course lasting at least three years was required. At the same time, now, it is possible to obtain a Blue Card even without meeting this requirement, provided that the worker can alternatively prove:

• a higher professional qualification attested by at least five years of professional experience at a level comparable to tertiary-level higher education qualifications relevant to the profession or field specified in the employment contract or binding offer;
• a higher professional qualification attested by at least three years of relevant professional experience within the seven years preceding the submission of the application for the EU Blue Card concerning managers and specialists in the field of information and communication technology under the International Standard Classification of Occupations ISCO-08 Classification No. 133 and No. 25.

To evidence the above, the circular indicates that the Immigration Desks should request from the employer applying for the EU Blue Card a statement accompanied by an employment contract and/or pay stubs for the period of work performed showing the specific field of activity in which the worker was employed and the length of professional experience of at least five years in the field for which the EU Blue Card application is being made.

The Immigration Desks issue the work clearance or rejection of the application no later than ninety days after the application is submitted.

Within eight days of entering Italy, the worker must go to the Immigration Desks for Immigration with the employer to sign the residence contract and apply for a residence permit at the Questura.

Pending the signing of the residence contract, the worker, who has entered the national territory after the issuance of the work authorisation and entry visa, may immediately carry out work activities, subject to mandatory notification by the employer.