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

After Italy introduced its long-awaited digital nomad visa this month, The Local spoke to Italian immigration law expert Nick Metta to find out more about how the visa and application process works.

'Go for it': The expert view on Italy's digital nomad visa
What's involved in applying for Italy's digital nomad visa? Photo by David L. Espina Rincon on Unsplash

When Italy finally approved its much-anticipated digital nomad visa this month, there was excitement and a certain amount of disbelief among remote workers who’d been waiting years for such an announcement.

A number of The Local’s readers got in touch with questions about how they could apply and how long the process could be expected to take.

We spoke with Italian immigration expert Nick Metta from the law firm Studio Legale Metta to learn more about the visa and how the scheme is likely to work in practice.

When do applications open?

An implementation decree such as this one is usually enforceable 15 days after its publication in the Official Gazette; however Metta notes that this particular decree came into force the day after it was published.

That was April 4th, so in theory applications should have been open from April 5th.

In practice, applications are handled by individual Italian consulates who have almost total control over the process and can choose their own start dates.

Metta says he’s heard from several hopeful applicants who were told by their consulate that it’s still too early to apply, and that he hasn’t yet received updates or answers to his questions from some of the consulates he works with most closely.

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

“It doesn’t mean that you can not apply because all the information is available, so you can apply and then the consulate has 90 days to sort it out,” he says.

“But some consulates might be particularly strict and just refuse to take it in. Then at that point, you just need to wait a little bit.”

How long should the application process take?

Metta estimates that it should take a well-organised person about a month to put together their documentation before booking an appointment.

“Between the health insurance and university degree or whatever else you might need, you probably need about a week to arrange a certified translation of documents… But three or four weeks should be enough.”

Once you’ve filed your application, the consulate legally has up to 90 days to process it – but Metta’s observed that most have been much quicker to turn them around in recent months.

“We’ve seen visas released on the same day, which is unheard of, and visas released the day after or within a week is becoming more and more common,” he says.

That means that factoring in the time it takes to put together your application, the process could take up to four months, and possibly much less less time.

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

Will you be able to obtain permanent Italian residency and citizenship on this visa?

As a general rule, you can obtain permanent Italian residency after five years and can apply for citizenship after ten years of continuous residency in Italy.

This is generally true “across the board; it comes with a certain number of years of legal immigration status,” says Metta.

The digital nomad visa, he says, is no exception, though until you reach the five-year mark you will need to renew your residency on an annual basis and prove that you continue to meet the requirements.

How will taxes work on the digital nomad visa?

Metta notes that some changes that came into force at the start of this year have significantly altered Italy’s tax residency rules.

Previously, anyone who was registered as an Italian resident with their local comune, or town hall (which you’d have to be if you wanted to renew your visa) was automatically considered a resident for tax purposes.

Now, he says, that’s no longer necessarily the case – in theory you can be registered as resident locally in Italy without being considered an Italian tax resident.

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

“That’s an exception that’s now open to people who might want to spend less than half the tax year in Italy but maintain their registered residency to keep the advantages that come with being a registered resident, including qualifying for citizenship in the future, without being a tax resident,” Metta says.

“You kind of get the best of both worlds.”

It’s important to note that the burden of proof is still very high, however: you’d need to convince the authorities that you’ve been physically present in Italy for less than 183 days out of the year, and don’t have your centre of vital interests (that is, close family) or habitual abode in Italy.

If you meet any one of these criteria, you’ll have to pay Italian taxes on your worldwide income under the terms of whichever tax treaty your government has with Italy.

Do you need to open an Italian bank account?

Metta says some prospective applicants have raised the question of whether they would need to open an Italian bank account in order to prove that they’re getting paid in Italy and meet the government’s income requirements.

Italy’s new digital nomad visa might be an option for some hoping to move to the country. (Photo by Claudio CRUZ / AFP).

“This is not necessary: you can keep your bank account overseas, and there are actually rules requiring you to report those bank accounts on your Italian tax return, unless some exceptions apply.”

If you have an overseas employer or client, Metta notes, they’ll often prefer to pay into your overseas bank account to avoid international wire transfer fees.

“So no worries about opening a bank account; you can move to Italy without opening an Italian bank account.”

What’s the difference between this and Italy’s self-employed visa, which has been around for a while?

The self-employed visa falls under the decreto flussi, an annual quota of workers allowed entry to Italy from outside the EU for specific jobs, such as seasonal agricultural labour or care professions.

In previous years, the number of permits available for freelancers has averaged around 500, or less: Metta says in the past he’s calculated that once you deduct the visas allocated to other types of work, the number of permits left for over self-employed people has totalled some 50-100 for the year.

“Many times you read the day after that the server crashed because it couldn’t handle the amount of people that were trying to connect,” he says.

“If you want to plan your move to Italy and have a little bit of means, you usually don’t bank everything on a lottery.” 

Because the digital nomad visa isn’t subject to the decreto flussi, there’s no such upper limits on how many people can apply, making getting one a much more realistic prospect.

Were you surprised when this decree came out two years later than expected?

Metta says he was “surprised for several reasons” when he heard that the implementation decree had been approved.

The 2022 decree that gave the green light to an Italian digital nomad visa in principle was issued by a previous government (the proposal was put forward by an MP from the Five Star Movement, a party that’s no longer in power).

Italy has always been fairly protectionist in its policies, and the current government in particular is known for its nativist stance on many issues, from language to food production.

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

Bearing this in mind, Metta says this new decree is notably lenient in that doesn’t specify that the applicant’s employer/client(s) must be based outside Italy, which is a standard feature of Italy’s immigration laws.

“I expected this law to require that you could only work for employers overseas, frankly, so there would be less competition within the Italian market,” he says.

“It’s not directly saying you can be employed by an Italian employer, but there are so many references that make that an obvious conclusion.”

Metta says it’s not uncommon for the government to later amend a decree when they decide they’ve been too generous.

“That’s probably what’s going to happen here,” says Metta: “they’re going to get some pressure from unions, from other directions, and they might issue some amendments.”

“So people who want it, I recommend go for it.”

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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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