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PHASE 2 ITALY: Less Travel Restrictions & Lower Immigration Investment Thresholds

Jun 11, 2020 | Global

Italy has lifted some travel restrictions. A new law extends residence permit validity and suspension of administrative procedures. Also, Italy has published a “Phase 2” decree related to COVID-19 rules. The government is drafting a decree to boost investments. Foreigners with serious health conditions can apply for a medical treatment temporary permit.

Travel restrictions lifted. As of June 3, 2020, the Italian government announced that it is possible to move freely throughout the country without the need for a justified reason, and travel restrictions have been lifted for travelers coming from the European Union (EU) and United Kingdom (UK) (including all EU Member States, Schengen Area Countries, UK, and Andorra, Monaco, San Marino, and Vatican State), who will no longer be required to quarantine upon arrival. Exceptions apply for those who have been outside the countries listed above within 14 days of traveling to Italy.

Visitors from outside the EU are expected to be allowed again in the country after June 15, 2020.

New law. A new law, effective April 30, 2020, extended the validity of residence permits to August 31, 2020. The law also extended the validity of nulla Osta (entry clearances for family reasons, work permits) for the same period and the terms for conversion of study permits into work permits.

The validity of Italian identification documents (e.g., identity cards, passports) expiring on or after March 17, 2020, also was extended until August 31, 2020.

In addition, all applications pending as of February 23, 2020, or filed after that date were suspended during the period between February 23, 2020, and April 15, 2020. This meant that any applications filed during that period were not processed in the same timeframe. This period was extended to May 15, 2020.

COVID-19 Phase 2. Also, the Italian government published a “Phase 2” decree in late April with a set of rules that applied in the first several weeks of May 2020. The new provisions were not significantly different from the ones previously in force: the government extended the “lockdown,” although the rules were somewhat relaxed and the list of businesses authorized to reopen was significantly extended (the list can be found in attachment 3 of the decree; businesses are identified by the specific industry code called Codice Ateco).

Reduction of thresholds for investor visa. On May 19, 2020, the Italian government published the Decreto rilancio, a decree intended to boost investments and to mitigate the negative effects of the pandemic on the Italian economy. The government aims to attract more investments, especially in companies and innovative start-ups. The decree reduces the amount required to qualify for an investor visa to 500,000 EUR (for investment in an Italian company, instead of 1 million EUR) and to 250,000 EUR (for investment in an innovative startup, instead of 500,000 EUR). The decree will need to be converted into law by the Italian Parliament within 60 days following publication. During the conversion process, it can be subject to further amendments.

Medical treatment temporary permit. Foreigners who have a serious medical condition and for whom returning to the country of origin or provenance would constitute a serious health risk cannot be expelled from Italy, according to a decree. Those in such circumstances can apply for a residence permit for medical treatment (permesso di soggiorno per cure mediche). The application must be filed at the police office and requires submission of a medical certificate issued by a public hospital or private hospital accredited by the national health system. The permit is issued for a maximum of one year and is renewable if the health condition persists.

Applications open for migrant worker regularization. From June 1 until July 15, 2020, applications to regularize an employment relationship with a foreign (or Italian) worker or apply for a 6-month residence permit are being accepted. This is possible only for specific sectors of work activities and under certain conditions.

There are two possible options: (1) the employer (company or individual) can apply for a work permit (or declare an irregular work relationship with a foreigner or Italian national) for a foreign national in Italy; or (2) the foreign national with a permit expired since October 31, 2019, can apply for a 6-month residence permit.

Sectors include agriculture, livestock, fishing, and related activities; caregivers; and domestic work.

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