Implementation of EU Directive 2016/801 New rules for non-EU/EEA students and researchers

By means of legislative decree 11 May 2018, n. 71 (date of entry into force July 5, 2018) Italy has implemented Directive (EU) 2016/801 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing.

In accordance with the directive, the new regulations provide for enhanced mobility rights for researchers and students and introduce the possibility for researchers to remain in Italy after the completion of the research program for the purpose of finding a job or set up a business.

Below is an overview of the main features of the new regulations:

  • Students holding a valid permit issued by a Member State, covered by mobility programs/agreements can enter and stay in Italy for a period up to 360 days, in order to carry out part of their studies, with no need to apply for a residence permit;
  • Upon completion of the research program, researchers shall have the possibility to apply for a permit for the purpose of job-searching or entrepreneurship, valid up to 12 months. Such a permit can be converted into a permit for work;
  • shorter processing times for entry clearance, visas, and permits for researchers;
  • Researchers and their family members holding a valid permit issued by one Member State are entitled to stay in Italy to carry out part of the research for a period of up to 180 days in any 360-day period, with no need to apply for a residence permit (short-term mobility). For stays longer than 180 days in any 360-day period, the normal procedure applies and researchers will receive a residence permit with the wording ‘researcher-mobility’ (long-term mobility).

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