Visa for Self-Employed Workers

Specific requirements apply to foreigners taking on corporate positions or foreign consultants working in Italy.

For non-EU consultants, the following is required:

• A contract accompanied by a business registration certificate, if working within a company.
• A formal declaration of responsibility from the company owner or administrator, stating that the self-employed worker earns an annual amount not lower than the minimum required for exemption from healthcare costs.
• A responsibility statement sent to the Territorial Labor Directorate, in which the employer confirms that the established relationship does not constitute an employment contract.
• Companies must also provide a copy of the latest financial statements, while individual businesses must submit the owner’s income tax return.

Regarding foreign shareholders or those assuming corporate roles in companies that have been active for at least three years, no financial certification is required.

A foreign shareholder providing labor or holding a corporate position must have:

• A certificate of company registration in the Business Register.
• A formal declaration of responsibility issued or sent in advance by the employer to the Labor Directorate, confirming that the relationship is not an employment contract.
• A statement from the company’s legal representative, ensuring that the annual salary meets the minimum threshold for exemption from healthcare costs.

The refusal of a self-employment visa is issued when the competent authorities ascertain the absence of the requirements established by law or detect irregularities in the documentation submitted. The refusal may result, for example—aside from the case of unavailability of quotas—from the lack of sufficient financial resources according to the specific parameters for the intended activity, from an inadequate business plan, from the absence of the necessary authorizations or professional qualifications required for the activity to be carried out, or from the lack of suitable accommodation.

Additional grounds for refusal concern public security and social order: the presence of criminal records, a report in the Schengen Information System (SIS), or convictions in the country of origin may lead to the denial of the visa. Consular and diplomatic authorities also verify the authenticity of the statements made and the documents attached: false or misleading information is grounds for rejection.

In the event of refusal, the applicant receives a formal decision with reasons from the competent Italian Embassy, which may be challenged before the Regional Administrative Court (TAR) of Lazio, in Rome, within the legal deadlines. Before filing an appeal, it is necessary to verify that the legal requirements are met. First, the formal regularity of the procedure must be assessed—for example, whether the refusal was preceded by a notice of rejection under Article 10-bis of Law No. 241/1990, whether the reasoning is adequate, and whether it allows the reconstruction of the administrative decision-making process. Second, the substantive grounds must be examined, namely whether the applicant for the self-employment visa can effectively dispute the reasons underlying the refusal.

Our advice is always to act correctly from the start, in order to reduce the risk of facing a refusal of the self-employment visa. As the saying goes, “well begun is half done.” To achieve this, however, it is essential to seek the assistance of qualified experts in immigration law and administrative procedures. Success requires, first of all, the preparation of a complete, consistent dossier capable of countering the reasons given by the Administration in support of the refusal of the self-employment visa, and then, during the proceedings, effectively challenging the opposing arguments by asserting the actual situation of the foreign applicant. This is precisely what you can expect from the Boschetti International Law Firm, with its twenty years of experience in immigration and administrative law.