The self-employment visa, in accordance with the Decree of the Ministry of Foreign Affairs no. 850 of 11/05/2011, allows foreign nationals to enter Italy to carry out independent professional or employment activities, for both short and long stays, for a fixed or indefinite period.
It is crucial that the activity does not fall within those reserved by law for Italian citizens or citizens of the European Union Member States.
The requirements and conditions for obtaining the visa are regulated by articles 26 and 27 of the Legislative Decree. 286/1998, as well as articles 39 and 40 of the Presidential Decree. 394/1999, including any subsequent amendments and integrations.
In particular, as provided for in paragraph 22 of art. 40 of the Dpr 394/99, they can also enter Italy to carry out self-employment activities, outside the quotas established by decree under article 3, paragraph 4, of the Regulation:
- Highly specialised staff
- University professors appointed for an academic assignment in Italy
- University lecturers
- Translators and interpreters
In these cases, the professional assignment contract template is submitted in advance to the Provincial Labour Directorate of the place where the contract will be performed. The Provincial Labour Directorate ensures that the agreement does not establish an employment relationship and, if confirmed, issues the relevant certificate. This certificate must be attached to the application and is required to obtain a self-employment visa, in accordance with this provision.
To obtain the visa, the non-EU worker must also demonstrate possession of:
- appropriate accommodation at the place where the contract is carried out
- an income, from lawful sources, of an amount exceeding EUR 8,500, which corresponds to the minimum level required by law for exemption from healthcare expenses
- temporary clearance for entry purposes, issued by the competent local Questura, upon request of the foreign lecturer or their delegate.
The following procedure does not apply to citizens of the EU, Switzerland and the SEE States (Iceland, Norway and Liechtenstein).
In order to avoid the need for a self-employment visa, which is necessary to receive a compensation or reimbursement of expenses, it is recommended, where possible, that the Department proceeds with the pre-payment of the Visiting Fellow.
Application procedure
Below are the steps required to obtain a self-employment visa for non-EU citizens:
The University Department or Unit asks the Territorial Labour Directorate (Inspectorate) of the place where the activity will be performed to verify that the negotiation program does not establish an employment relationship.
The request must be made with a stamp duty on behalf of the Head of the Department, enclosing the intellectual assignment contract, to the PEC email addresses: itl.livorno-pisa@pec.ispettorato.gov.it and ITL.Livorno-Pisa@ispettorato.gov.it.
2) The Local Labour Directorate, having verified that the contract signed between the University and the lecturer does not establish an employment relationship, issues the required certificate to the University Unit, which sends it to the foreign lecturer, retaining a copy for the Office.
3) Delegation to the Head of the Department to the Head of the Department: the non-EU lecturer must contact the Italian Embassy or Consulate in their country of residence to prepare a delegation. The delegation must be translated and legalised with the delegator’s signature; if the Italian Embassy or Consulate no longer legalises the signature of the lecturer, the Visiting Fellow must contact an attorney in their country of residence.
The delegation must be granted to the Head of the host Department in Pisa, authorising them to request the Questura of Pisa, on behalf of the non-EU lecturer, the verification (clearance) of the absence of any impediments to entry and stay in Italy for self-employment purposes.
- to prepare a delegation, the following are required:
- an identification document of the delegator (preferably the passport);
- all personal details of the delegated person, including a copy of the identity card or passport of the Head of the Department.
4) Application for the temporary clearance for entry purposes clearance for entry purposes: the request to verify the absence of impediments to entry into and stay in Italy must be submitted by the Head of the relevant Department to the Questura of Pisa, with stamp duty. The following must be attached to the request:
- the Certificate issued by the Local Labour Directorate
- the delegation mentioned in point 3
- documents proving the non-EU lecturer’s accommodation.
5) Once the documentation has been examined, the Questura issues the temporary clearance, which will be delivered to the foreign lecturer (or their delegate). Then the lecturer must apply for a specific entry visa, called “Self-employment visa pursuant to Art. 27(1)(c)”
Attention: the lecturer can work and receive compensation from the University only if they hold this specific type of visa. For the collection of the clearance from the Questura – that places the clearance stamp on the request letter – the Head of the Department can delegate other Department staff.
6) Once the visa has been obtained and the teacher has arrived in Italy, they must apply for a residence permit within 8 working days from the date of entry, in the case of a type D visa, intended for stays longer than 90 days.
Entry into Italy for work, whether under an employment or self-employment contract, in the field of healthcare professions is contingent upon recognition of the academic qualification by the competent Ministry (Article 49, paragraph 1bis, Presidential Decree 394/99)
For further details on the type of visa and documentation required, please contact the relevant Italian Embassy or Consulate in the foreign lecturer’s country of residence.
