Right to work in Italy for non-EU spouse [closed]

Right to work in Italy for non-EU spouse [closed] - Cheerful young Indian woman cuddling and supporting serious husband working at home with laptop and counting on calculator

I am Italian and my husband is non-EU. We are thinking to go to Italy for under 3 months and work remotely from there. The question is, does my spouse need to get a "Permesso di Soggiorno" to legally work? Or is there any other law/provision that allows non-EU family members of Italian citizens to work for the duration of the C-visa?

I read about the "Permesso di Soggiorno" for family reasons and it sounds like it is only given to people who plan to stay longer than 3 months.



Best Answer

does my spouse need to get a "Permesso di Soggiorno" to legally work?

No. Your husband benefits from the EU free movement directive 2004/38/EC along with the Italian DECRETO LEGISLATIVO 6 febbraio 2007, n. 30, which implements the directive in Italian law and further provides, in Article 23, that family members of Italian citizens must be treated at least as favorably as family members of other EU citizens:

Art. 23.

Applicabilità ai soggetti non aventi la cittadinanza italiana che siano familiari di cittadini italiani

  1. Le disposizioni del presente decreto legislativo, se più favorevoli, si applicano ai familiari di cittadini italiani non aventi la cittadinanza italiana.

In English:

Art. 23.

Applicability to those who do not have Italian citizenship who are family members of Italian citizens

  1. Le provisions of the present legislative decree, if more favorable, apply to the family members of Italian citizens who do not have Italian citizenship.

Article 19 establishes that the right of residence is accompanied by a right to work:

Art. 19.

Disposizioni comuni al diritto di soggiorno e al diritto di soggiorno permanente

  1. I cittadini dell'Unione e i loro familiari hanno diritto di esercitare qualsiasi attività economica autonoma o subordinata, escluse le attività che la legge, conformemente ai Trattati dell'Unione europea ed alla normativa comunitaria in vigore, riserva ai cittadini italiani.

...

In English:

Art. 19.

Provisions common to the right of residence and the right of permanent residence

  1. Citizens of the Union and their family members have the right to exercise any autonomous or subordinate economic activity, excluding the activities that the law reserves, in accordance with the European Union Treaties and the Community legislation in force, to Italian citizens.

...

The residence card (not "permit"; "carta di soggiorno," not "permesso di soggiorno") is required only if one stays for more than three months (see Article 10 of the decree).




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Can my non-EU spouse work in another EU country?

Right to work Generally, unmarried partners who have not previously lived together have to wait until the end of a six-months decision period before they are free to work in the Netherlands. De Vreede Advocaten can assist EU citizens bringing in their non-EU partners to the Netherlands.

Can I work in Italy if I am married to an Italian?

In most cases, the Italian government only allows the individual requesting citizenship by descent (jure sanguinis) to reside in Italy throughout the entire application process while the non \u2013 Italian spouse is generally not allowed to stay in Italy throughout the process.

Can I work on spouse visa in Italy?

If the spouse is an EU citizen, he or she will have a Permit of Stay that allows the spouse to work. If the spouse is not an EU citizen, he or she will probably have a non-working visa (Visto per familiari al seguito) and will not be able to work.

Can I work in Italy with a Carta di Soggiorno?

You can only work in Italy if you have obtained a work permit (Nulla Osta), a work visa and have applied for a residence permit (permesso di soggiorno), or if you have a residence permit allowing work (family permit, permit for subordinate employment or self-employment etc.).




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