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DIGITAL NOMADS IN ITALY

Are applications open for Italy’s digital nomad visa?

Italy's government has finally published details of how the country's much-anticipated digital nomad visa will work. But some would-be applicants have asked whether this means they can go ahead and apply.

Are applications open for Italy’s digital nomad visa?
Italy's new digital nomad visa gives a new option to people hoping to work and travel in the country. Photo by Tanya Lapko on Unsplash

After a two-year wait, Italy last week published the implementation decree which sets out the terms and requirements for its digital nomad visa.

But the government made no announcements about the decree, or what it means for would be applicants, and the text itself doesn’t specify a start date from which the visa officially becomes available.

So is it actually possible to apply yet? This is one question many would-be applicants have been asking in The Local’s Living in Italy group on Facebook.

Q&A: Your questions answered about Italy’s digital nomad visa

The answer appears to be yes, for some – but it depends on the consulate

The digital nomad visa law came into force as of the latest decree’s publication, meaning applicants can now make an appointment with the Italian consulate in their country at which they’ll need to file the paperwork.

READ ALSO: ‘Finally!’: Excitement and doubt as Italy confirms new digital nomad visa

Several of The Local’s readers have already booked their appointments. One reader in Philadelphia said they have an appointment confirmed in May.

However, another reader told us they were unable to book an appointment at the Miami consulate, where they were told: “For digital nomad visas, we have not yet received any information. Therefore you cannot apply yet for this type of visa.”

If your nearest consulate does allow you to apply, you’ll also need to check with them which documents are required, and get hold of the correct visa application form ahead of the appointment. The forms and the procedure for filling them out can differ by consulate.

You can find a guide to the application process and requirements here, and we’ve answered more readers’ questions about how the digital nomad visa works in our Q&A.

Are you planning to apply for Italy’s digital nomad visa? We’d love to hear from you. Get in touch with us by email or in the comments section below if you’d like to share your experience.

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VISAS

How easy is it to get Italy’s new digital nomad visa?

The launch of Italy's digital nomad visa has sparked excitement among remote workers around the world - but is the visa as easy to get as it initially seems?

How easy is it to get Italy's new digital nomad visa?

The introduction of Italy’s long-awaited digital nomad visa, a full two years after parliament first approved the idea in principle, has generated significant buzz in international remote working circles.

Many questions remain, however, about how to access the visa.

We put some of those to Italian immigration law expert Nick Metta from Studio Legale Metta.

He told us that while in many respects the decree is surprisingly lenient, it also contains some clear hurdles, particularly for self-employed workers.

READ ALSO: ‘Go for it’: The expert view on Italy’s digital nomad visa

Besides those obstacles laid out in the text of the law itself, Italian consulates have the power to introduce their own rules, making the visa more difficult to obtain in practice.

We discussed the ways in which the law is more lenient than anticipated, as well as potential obstacles prospective applicants can expect to encounter.

Let’s start by looking at some of the ways in which the application criteria are relatively generous:

The skills threshold is low

The decree requires applicants to be “highly skilled”, which is defined as having a three-year degree with six months’ relevant experience, an accredited professional qualification, or equivalent experience – all of which, Metta says, is surprisingly lenient.

“We would have expected a high level of scrutiny over the “high skills”, but high skills can be really pretty much anything.

READ ALSO: ‘Finally!’: Excitement and doubt as Italy confirms new digital nomad visa

“They say if you have a college degree and six months work experience, that’s enough. Does that qualify you as having high skills? I don’t think so.”

As for equivalent professional experience, Metta notes that getting a professional qualification or licence is often easier abroad than in Italy.

Italy’s digital nomad visa allows you to work from anywhere in the country. Photo by David L. Espina Rincon on Unsplash

“Look at lawyers: lawyers could get a licence in Spain without any exam until a few years ago. So a lot of students used to go to Spain, take up their licence and go back to Italy to practice.

“There are still some situations like that, where licences in certain areas are granted with much less scrutiny than would be the case in Italy.”

Access to the Italian job market

In the past, Metta says, Italy’s laws have been staunchly protectionist when it comes accessing the Italian labour market.

“In the previous immigration law, if you wanted to hire someone from overseas you had to demonstrate that there was a lack of available candidates in the same industry for the same role in Italy,” he says – but in the new law, “there is zero about that”.

READ ALSO: Q&A: Your questions answered about Italy’s digital nomad visa

The decree also doesn’t say that remote workers most be employed by clients or companies based overseas, in theory opening up the domestic job market to non-EU nationals.

“It’s not direct in saying you can be employed by an Italian employer, but there are so many references that make it an obvious conclusion that one could be hired by an employer from Italy.”

Leniency around income and background checks

Metta observes that the law doesn’t specify that your income – which must be at least three times the minimum amount that would grant you free access to Italy’s national health service, or just under €28,000 – must come from work.

That means other income sources, such as rent, could count towards this amount.

The decree also doesn’t require you to undergo a criminal background check or personally sign an affidavit affirming that you don’t have a criminal record.

It’s only employers or clients based in Italy, Metta clarifies, who must self-certify that they’ve not been convicted within the last five years of specific crimes relating to migration, sex work, exploitation of minors or labour exploitation.

What’s involved in applying for Italy’s digital nomad visa? Photo by David L. Espina Rincon on Unsplash

He notes, however, that individual consulates may require the applicant to supply a criminal background check.

“The fact that the law doesn’t ask for a background check in your own country doesn’t mean the Italian consulate won’t ask for it, because for the elective residency visa and other visas the Italian consulates have thrown it in.”

Potential hurdles

While many of the requirements for the digital nomad visa are more relaxed than experts predicted, Metta notes that there are a number of potential hurdles.

Many of these relate to being self-employed – which a majority of remote workers are – as freelancers typically lack a steady income or proof of employment.

Here are some of the obstacles that would-be applicants for the digital nomad visa are likely to face:

Employment contracts and references

The decree requires that applications provide either an employment contract or a ‘letter of collaboration’.

Most freelancers don’t have the former, which means they’ll need to ask their clients to supply the latter.

“Hopefully they have simple engagement letters or letters of collaboration, a track record that they can demonstrate,” says Metta.

He notes that with Italy’s elective residency visa (ERV), consulates often request letters of reference from an accountant certifying your spending and annual income – so something similar might apply here.

“It is very possible that they might ask for a letter recommendation from a client you might have had for a while or evidence of signed engagement letters from other clients; something that would give the consulate similar peace of mind to a contract with an employer.”

Accommodation requirement

The law requires an applicant to prove they already have accommodation in Italy.

While it doesn’t say what kind of proof is required, in the case of the ERV, consulates have made it clear in the past that booking an airbnb doesn’t count: you must have either a rental lease agreement or a property ownership deed.

READ ALSO: How to apply for an elective residency visa to move to Italy

Metta says he gets usually approaches this rule by advising applicants who don’t own Italian property to sign a 12-month lease agreement, adding a clause that allows them to leave with two or three months’ notice.

Proof of income

For self-employed workers whose annual salary tends to fluctuate year on year, proving you meet the government’s minimum income threshold might be a challenge.

The consulate is likely to request tax returns and bank statements, “and once again, they might ask for a letter of reference from your financial advisor or accountant confirming what you’re saying,” says Metta.

“It’s almost like when you go to apply for a mortgage: if you’re self-employed it’s a little bit tougher.”

When it comes to the ERV, consulates have in the past sometimes raised the income threshold significantly above the government’s limit, and Metta suggests the same could happen here.

Can you make a living while travelling the world? Italy’s new digital nomad visa is expected to make this easier. Photo by Persnickety Prints on Unsplash

He compares two applicants: one “a person who has been working for Microsoft for ten years, wanting to go to Italy with a letter from HR saying it’s totally cool with us if this person moves to Italy”; another “self-employed with six months of experience just fresh out of college with a very very limited track record.”

In the latter case, he says, “the Italian consulate wants to be impressed. €28,000? Ehh…”

“What we recommend is, try to make your application as solid as possible,” he says.

“So if you are fresh out of college with only six months of experience, make sure you have, once again, a letter of recommendation, leads, people who are promising to engage you. Whatever you can, try to throw it in.”

The consulate has absolute power

As mentioned above, an Italian consulate has the power to arbitrarily raise the government’s minimum income threshold and tighten the application criteria – and if yours is strict, there’s not much you can do about it.

“The Italian consulates have discretion based on geography, socio-economic situation, and so many other factors,” says Metta.

While it’s still very early days for the digital nomad visa, some applicants have already reported being turned away by their local consulate.

A member of Facebook group Expats Living in Italy said they were recently informed by the Miami consulate that applicants “must have a masters degree or certification and have contacts with “a company like Apple” to be eligible.

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