Van der Elst Work Visa Requirements for Italy | Legal Guide 2025

What Is the Van der Elst Work Visa and Who Needs It?

Understanding Van der Elst Work Visa Requirements for Italy is crucial for those seeking to expand their business operations. The Van der Elst work visa allows non-EU workers lawfully employed in an EU Member State to temporarily work in Italy without needing a new Italian work permit. This visa serves service providers looking to expand their operations in Italy while retaining their current workforce. Consequently, it eliminates the need to hire new employees locally.

Legal Framework Behind the Van der Elst Work Visa for Italy

The Van der Elst visa relies on Article 27, paragraph 1-bis of Legislative Decree No. 286/1998 (Italian Immigration Law), as amended by Law No. 46/2007. This regulation aligns with the European Court of Justice ruling in C-43/93, which prohibits additional work permit requirements for third-country nationals lawfully employed in another EU country.

Specifically, the following documents clarify procedures and employer obligations:

• Ministry of Labour: Circular No. 14 (28 April 2004)
• INPS: Circular No. 122 (8 July 2003)
• Revenue Agency: Resolution No. 100 (18 March 2008)
• Supreme Court: Judgment No. 18523 (2 September 2014)

Van der Elst Work Visa Requirements: Who Is Eligible?

Both the worker and the employer must meet specific requirements to obtain a Van der Elst work visa in Italy.

Worker Requirements

• The individual must be a third-country national with legal residence in an EU Member State.
• A valid employment contract in the home Member State is required.
• The worker must comply with local immigration and labor regulations.

Employer Requirements

• The company must be based in another EU Member State.
• A valid cross-border service contract with an Italian client must exist.
• The employer must submit documentation verifying the workers’ legal employment and residence.

Posting Conditions

• Assignments must remain temporary.
• The services must be rendered under a formal contract with an Italian counterpart.

👉 For additional insights, review our posting workers to Italy guide.

Van der Elst Work Visa Notification Procedure in Italy

Unlike traditional immigration processes, the Van der Elst visa eliminates the “nulla osta” requirement. Instead, employers follow a simplified notification procedure involving:

• A copy of the service contract between the companies
• A formal declaration by the EU-based employer listing each posted worker
• Proof of the workers’ legal status in the home Member State

Submit this documentation to the “Sportello Unico per l’Immigrazione” at the local Prefecture (UTG) responsible for the work location.

How to Apply for a Residence Permit Under the Van der Elst Work Visa for Italy

Although a work permit is unnecessary, posted workers must apply for a residence permit within 8 working days of entering Italy.

Workers must visit designated offices or immigration desks to apply. Delays or incomplete applications can trigger penalties or result in the stay being rejected.

Stamp Duty on Van der Elst Visa Communications

The Italian Revenue Agency, in Resolution No. 100/2008, clarified that the Van der Elst communication is subject to stamp duty. This rule is established under Article 3 of the Tariff in Presidential Decree No. 642/1972.

In most cases, employers must pay €16 per page when submitting the communication to the Prefecture.

Equal Treatment for Van der Elst Workers in Italy

Italian law guarantees equal treatment for foreign workers legally residing in the country. According to Article 2, paragraph 3 of Legislative Decree No. 286/1998, Van der Elst workers benefit from:

• The same labor protections provided to Italian employees
• Equal access to the national social security system
• Full non-discrimination in employment-related matters

Why the Van der Elst Work Visa Matters for Employers

The Van der Elst work visa delivers several key advantages for EU-based employers:

✅ Lower Costs: Companies avoid new recruitment and local work permit expenses.

✅ Faster Operations: Since the nulla osta is not needed, employers reduce project start-up time.

✅ Workforce Consistency: Employers retain skilled personnel and avoid the disruptions of hiring new staff.

🧩 For long-term strategies, review our guide on how to open a company in Italy.

Frequently Asked Questions (FAQ)

Can a non-EU worker be posted to Italy without an Italian work visa?

Yes. When meeting all legal criteria, non-EU workers employed in another EU country can legally work in Italy without obtaining a separate Italian work permit.

Does the Van der Elst visa apply to all industries?

Yes. The visa applies across all sectors, as long as the assignment remains temporary and based on a valid cross-border service contract.

What happens if the residence permit is not requested within 8 days?

If a worker fails to apply for a residence permit on time, they may face penalties or have their posting authorisation revoked.

Is the Van der Elst communication exempt from stamp duty?

No. Stamp duty applies in accordance with Presidential Decree No. 642/1972.

Can we use this visa mechanism for repeated postings?

Yes. As long as each assignment is temporary and properly documented, companies can repeatedly use this system.

Need Assistance with Van der Elst Visa Applications?

At Iacovazzi Global Business Lawyers, we support service providers and international employers with all stages of the Van der Elst visa process. From initial assessments to submitting documentation and managing residence permits, we ensure smooth, compliant postings to Italy.