Visa for the entry into Italy of non-EU workers operating remotely (so-called digital nomads)

Italy facilitates the entry of third-country nationals who work remotely for a fixed time in the national territory.

The so-called “digital nomadism” phenomenon now also finds a place within Italian legislation.

The pandemic, combined with technological progress, has led to the spread of organisations that contemplate using remote working.

Article 6-quinquies of Law no. 25 of 2022 allows the facilitated entry of non-EU citizens who decide to work in Italy for a certain period, carrying out their activities remotely.

So-called "digital nomads" are "citizens of a third country who carry out highly qualified work activities through the use of technological tools that allow them to work remotely on a self-employed basis or for a company, including one that is not resident in the territory of the Italian state."

This is a provision in favour of highly skilled workers, whether self-employed or subordinate, who can work remotely, even for companies not based in Italy and for whom it will be necessary to obtain only an entry visa of a duration not exceeding one year.

Therefore, the main novelty introduced is the absence of the request for work authorisation, the so-called "nulla osta", required for most of the entry procedures for work purposes by the Consolidated Immigration Act.

Moreover, the entry must comply with the annual quotas established in favour of non-seasonal and self-employed workers by the Immigration Flows Decree. For digital workers, on the other hand, an exception is made to the annual quota system of said decree; therefore, these foreign workers can stay and work in Italy without the need for a clearance, regardless of compliance with the entry flows set for each year.

The recently introduced changes seem to be intended to provide tangible answers to the new needs of workers in a global labour market and facilitate the entry of foreign talents and professionals in Italy.

It should, however, be pointed out that this simplification in terms of requirements for entry into our country has not been matched by an associated regulation of the tax and social security aspects related to the presence of foreign workers in Italy. Therefore, these elements will have to be carefully analysed under the ordinary rules governing the temporary employment of a foreign nationals in our territory.