In implementation of Directive (EU) 2024/1233, the legislature has enacted Legislative Decree No. 83/2026, regulating the procedure for recruiting foreign workers and the issuance and renewal of permits allowing workers from non-EU Countries to reside and work within the territory of the State.
The decree, which has been in force since 4 June 2026, amends Legislative Decree No. 286/1998 by extending the procedural time limits for the renewal of residence permits and introducing new information obligations for employers recruiting foreign workers.
Information obligations on employers
The decree in question broadens the range of information that employers are required to provide to foreign workers under the integration agreement (art. 4-bis, para. 1-bis, of Legislative Decree No. 286/1998). In addition to information concerning the rights conferred on foreign nationals holding a residence permit, information must be provided on:
– the conditions for entry and residence for the purposes of carrying out work activity;
– the documents required for the single permit application;
– the obligations and procedural safeguards provided in favour of the worker and his or her family members.
Furthermore, the employer is required promptly to inform the foreign national concerned of any communication received during the procedure for the issue of the clearance.
Issuance and renewal of the residence permit
The time limit within which the police commissioner issues the residence permit to a foreign worker who meets certain requirements and where specific conditions are satisfied is extended from 60 to 90 days from the date on which the relevant application is submitted (art. 5, para. 9, of Legislative Decree No. 286/1998).
Where the residence permit authorises the worker to work within the territory of the State, by way of derogation from the above 90-day time limit, the police commissioner may issue the permit within the shorter period of 30 days from completion of the application.
Where the above 90-day time limit is not complied with, pending the issue, renewal or conversion of the residence permit, the foreign worker is in any event granted the right to reside and carry out work activity within the territory of the State (art. 5, para. 9-bis, of Legislative Decree No. 286/1998).
Information contained in the single permit
It is provided that, within the above residence permit, in addition to the wording ‘single work permit’ (art. 5, para. 8.1, of Legislative Decree No. 286/1998), the following information must be indicated (Annex, letter a), points 12 and 16, of Regulation (EC) No. 1030/2002):
– the validity of the residence permit;
– the indications for use of the document;
– the date, place and authority of issue of the residence permit;
– the place of birth of the holder worker;
– where applicable, i) the address of the holder worker and ii) the information relating to the production of the card, the name of the manufacturer and the version number.
Excluded foreign workers
The new provisions referred to above do not apply with reference to the following persons:
a) foreign nationals holding long-term resident status (arts. 9 and 9-ter of Legislative Decree No. 286/1998);
b) foreign seasonal workers (art. 24 of Legislative Decree No. 286/1998);
c) self-employed workers and foreign investors (arts. 26 and 26-bis of Legislative Decree No. 286/1998);
d) highly specialised executives, seafarers, workers transferred abroad under a contract for services, digital nomads, remote workers, au pairs, as well as doctors and healthcare professionals in the sports sector (art. 27, para. 1, letters a), h),i),i-bis) and q-bis), r), 1-quinquies and 1-septies, of Legislative Decree No. 286/1998);
d-bis) foreign workers residing within the territory of the State in the context of intra-corporate transfers, including ICT transfers (arts. 27-quinquies and 27-sexies of Legislative Decree No. 286/1998);
e) foreign nationalsresidingon grounds of temporary protection, or who have applied for authorisation to reside on that basis and are awaiting a decision on their status;
f) foreign nationalsresidingon grounds of international protection (art. 2, para. 1, letter a), of Legislative Decree No. 251/2007), or who have applied for recognition of such protection and are awaiting a decision on that application;
g) foreign nationalsresidingfor study or training purposes (arts. 39, 39-bis and 39-bis.1 of Legislative Decree No. 286/1998);
g-bis) foreign nationals residing on grounds of acts of particular civic value (art. 42-bis of Legislative Decree No. 286/1998);
g-ter) foreign nationals residing on grounds of special protection, as well as for religious reasons, for the acquisition of citizenship or stateless person status, or for elective residence, or who have applied for a residence permit on one of those grounds and are awaiting a decision on the application.
We remain available for any further clarification.