Can I get a VISA if I set up a company in Italy? This is a common misconception about the corporate position VISA. The only route to VISA via investment is the Italian investor VISA, requiring a substantial outlay of capital to secure your entry to Italy, other than that, setting up an Italian company does not give you the right to move to Italy.
The right to move to Italy is granted to managing directors or board members of Italian companies, regardless of the ownership.
How to obtain the managerial position VISA?
First of all, you need to be appointed as a Managing director (or any executive board member) of an Italian srl or spa (limited liability company); srls companies do not qualify.
The company needs to be incorporated in Italy, currently active and trading (excluding companies under voluntary liquidation or dissolution), and having at least three annual accounts filing.
Not every foreign national can be appointed as managing director of an Italian based company because this right must be granted by a Bilateral Investment Treaty; this condition is checked by the local Chamber of Commerce prior to registering the new director.
The director registration happens via an ordinary company resolution, which has to be in writing, and taken in the company’s registrar books. The minute of the meeting is then filed to the Chamber of Commerce which in turn will update the company file showing the new director.
Which document do I need to get the company position VISA?
Once you are a Managing Director or a board member of a qualifying Italian company, you must obtain a few documents to file your VISA application at the foreign consulate.
The company’s legal representative must draft and submit a written statement to the Local Labor Country office, this statement must confirm that you will receive a remuneration of at least € 8,400 per year and you will not be employed by the company. This declaration is called Dichiarazione di responsabilità.
The next step is to obtain the Nulla Osta from the immigration office, and in order to do so, you must submit the following documents:
- Company enrolment certificate (Visura camerale);
- Dichiarazione di responsabilità;
- The company’s recent budget;
- The latest company’s Corporate tax return;
- Declaration of hospitality.
These documents are sufficient to get your Nulla Osta from the Italian immigration office, allowing you to apply for this type of VISA at the foreign Italian consulate.
Once you are granted your VISA, you can move to Italy. You are not bound to be the director of the company any longer, and you can then be employed or self-employed.