VICENZA -- Family members living in Italy may be looking for ways to earn some extra cash and keep business skills sharp. Before taking that job on the economy or starting a home business, it is important to know that doing so may be illegal.
United States military members, civilian employees, contractors and their dependents in Italy live here under the NATO Status of Forces Agreement (SOFA). Military members on orders do not need a passport or visa to enter and remain in Italy. However, U.S. government civilian employees and all dependents who are not European Union citizens are required to possess a Missione Visa and Missione Soggiorno Permit. The Italian government issues these documents to those individuals solely for the purpose of the U.S. military mission and, therefore, they are entitled to "SOFA protected" status.
With a Missione Visa and Missione Soggiorno Permit, dependents are eligible to live in Italy for the duration of the sponsor's assignment in Italy. However, the visas and permits do not give anyone the authority to work in Italy for any organization other than local positions associated with the U.S. Armed Forces.
Employment in Italy by someone other than the U.S. forces (military, GS, NAF, and U.S. government contracted positions) requires an Italian Work Visa and Work Permit. This is true for Italian businesses, American-based businesses, telecommuting and home-based businesses.
If a person chooses to obtain an Italian work visa or work permit, he or she is declaring to the Italian government that he/she desires status as an "ordinary resident" of Italy.
That person is then responsible for the additional expenses ordinary Italian residents pay, such as Italian income taxes, contributions to the Italian social security system, payment of applicable health inspections, reports and other fees.
Working on the Italian economy for profit without an Italian Work Visa and Permit is a violation of Italian law and also may jeopardize command sponsorship and eligibility for individual logistical support with the U.S. Armed Forces.
A family member who obtains a job on the Italian economy as an ordinary resident will no longer be entitled to any "SOFA protected" privileges, including shopping in the PX and commissary, sending mail through the Military Postal System, driving SETAF registered vehicles, and purchasing gas coupons.
This is because the individual cannot claim the benefits of both "ordinary resident" and "NATO SOFA" statuses at the same time.
Ordinary residents are also responsible for all of the additional expenses that Italian residents incur, such as Italian income taxes and all those previously mentioned
Additionally, ordinary residents cannot avail themselves of foreign criminal jurisdictional assertion or waiver rights under Article VII of the NATO SOFA. This means that if that person is accused of committing a crime in Italy, he/she is on his own within the Italian legal system.
Consider the following frequently asked questions:
Can I operate a home-based business (e.g., MaryKay, Nerium, Scentsy, etc)?
If a person is generating profit by work performed while living in Italy, even on his/her computer, Italian law mandates a valid work visa and permit. Furthermore, using the APO for home-based business is prohibited.
Can I maintain skills by providing my service for free but seek reimbursement for supplies - like baking cakes or coloring hair?
Yes. Activities such as baking cakes or coloring hair would not be considered a profitable enterprise so long as any reimbursement is limited to the cost of supplies. It is important to note, however, that any payment for time, labor or expertise would be considered profit and would require a valid work visa and permit.
Am I currently allowed to work for a U.S.-based corporation via computer (telecommuting)?
Not at this time. Under host nation law, any labor performed for profit on Italian soil by persons with a Missione Visa and Missione Soggiorno Permit is prohibited unless he/she obtains a valid Italian work permit and visa -- even if the individual is working for a U.S.-based business.
Can I return to the United States during the summer and accept a temporary position?
Yes. The employment restrictions outlined above apply to persons living and working in Italy while under the NATO SOFA agreement. These restrictions do not prevent one from working in the United States. Employment in the United States, however, must be in accordance with applicable state and federal employment guidelines.
Anyone with questions should contact the Legal Assistance Office at DSN 314-637-8834 or COMM at 0444-61-8834.
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