In short. The contratto di soggiorno, or residence contract, is the agreement that art. 5-bis of Legislative Decree 286/1998 requires between an employer and a non-EU employee. It records the employer’s housing guarantee and promise to pay for the journey home. It is signed after you enter Italy, normally online, within fifteen days (art. 22(6)). The work permit is issued once it has been concluded.
Here you will find what the contratto di soggiorno is, who signs it, how and when, what follows, and what has changed since 2023.
Reviewed 5 November 2026. These are general rules, not personalised advice: your situation may call for different steps. We consulted the official sources below on 5 November 2026. Some official pages lag behind the law (the Portale Immigrazione, 22 July 2024, describes signing at the Sportello Unico; 2025 notes say eight days): the law prevails.
What is the residence contract (contratto di soggiorno)?
The Italian term means, literally, a “stay contract”; this guide calls it the residence contract. Art. 5-bis of the immigration code (Testo unico, Legislative Decree 286/1998) provides for it in employed work, between an employer who is Italian or a lawfully resident foreigner and a non-EU or stateless worker. The employer makes two commitments: to guarantee the worker housing, and to pay the cost of the journey back to the country of origin. A contract without both declarations cannot support the permit (art. 5-bis(1)–(2)).
It is neither the nulla osta nor the permit. These are three separate steps.
- The nulla osta is the work clearance that the Sportello Unico per l’Immigrazione (SUI, the one-stop immigration office at the Prefettura) issues to the employer, as a rule within the decreto flussi quotas: see the Decreto Flussi application guide.
- The residence contract is signed after you arrive. The employer files a draft with the nulla osta request, stating the type of contract, hours and pay (art. 30-bis, Presidential Decree 394/1999). The rules of the employment relationship itself are outside this guide.
- The residence permit for employment is issued by the Questura (the provincial police headquarters) once the contract has been concluded (art. 5(3-bis)).
See also the types of Italian residence permit.
Who needs one, and who does not?
It is provided for employed work. The table covers the categories we verified.
| Category | Needed? | Good to know |
|---|---|---|
| Employed work within quotas, including domestic work arts. 5-bis and 22(6) |
Yes | Signed within fifteen days of entry |
| Seasonal work art. 24(3) and (11) |
Yes | Same procedure and deadline: see the seasonal work permit |
| EU Blue Card and workers trained abroad art. 27-quater(9); art. 23 |
Yes | Digital signing on the Portale Servizi since 19 June 2026; for the Blue Card the art. 22(6) deadline applies. See the EU Blue Card and workers trained abroad |
| Special cases art. 27(1-ter) |
Yes | Only for the cases in paragraph 1-ter, which still says eight days; Law 179/2025 did not change it: see work in special cases |
| Converting a permit already held in Italy art. 14(6), Presidential Decree 394/1999 |
Yes | For study and seasonal permits the ministry sources describe signing at the Sportello Unico when summoned: see permits convertible to work |
| Self-employment art. 5(3-quater) |
No | The contract is for subordinate work: see self-employment permits |
| Family-reasons permit Ministry of Labour, 8 May 2018 |
Not indicated | The permit lets you work until it expires without conversion; the page mentions the contract only for work permits: see family reunification |
For intra-corporate transferees (ICT), a Chamber and Senate dossier (October 2025) reports that art. 27-quinquies excludes the duty to sign the contract; for researchers and other categories we found no clear rule. We do not cover them.
How and when is it signed?
For employed work the rule is art. 22(6) of the code, as replaced by Decree-Law 145/2024. Within fifteen days of the date you enter Italy, employer and worker sign with a digital or other qualified electronic signature, and the employer sends the contract electronically to the Sportello Unico. A worker may sign by hand instead: the employer then signs the scanned copy digitally. The deadline was eight days until Law 179/2025, in force since 2 December 2025. The provision says “days” and does not say “working days”.
The Ministry of the Interior describes the route for people who enter under the decreto flussi (note of 2 September 2025):
- After the visa, the employer receives a certified e-mail (PEC) with instructions. On your arrival the employer enters your border crossing point, entry date and visa number in the reserved area of the Portale Servizi (the ALI application).
- The employer then receives, again by PEC, your definitive tax code and the contract to sign.
- Both parties sign and the employer uploads the signed document.
- The Sportello Unico validates it. Where an integration agreement applies, it is signed in the same online route.
- Once the contract and, where it applies, the integration agreement are validated, the employer receives Moduli 1 and 2 for the permit application.
The ministry notes do not ask the worker to attend the Sportello Unico. The online route has run since 18 July 2025 for decreto flussi 2025 files, and since 19 June 2026 also for the EU Blue Card and workers trained abroad (note of 19 June 2026).
With a nulla osta for employed or seasonal work you may already work before signing. Art. 22(6-bis) says that pending signature the nulla osta allows work to start. Signing is still needed for the permit.
What must the employer guarantee?
Housing and the return journey, as above. Since 18 December 2025, Law 182/2025 (art. 4) tests the housing against the Ministry of Health decree of 5 July 1975 instead of the rules for public housing. For how a home is shown to be suitable, see our guide to the housing suitability certificate. For permanent site dormitories the employer may self-declare compliance (Annex XIII, Legislative Decree 81/2008); for a hotel or other accommodation business, naming the host establishment is enough (art. 22(2)(b)).
An employer who wants to recover housing costs from wages must say so, with the amount, in the draft contract. The deduction cannot exceed one third of monthly pay or apply where the national collective agreement already covers housing (art. 30-bis(4), Presidential Decree 394/1999).
What happens after signing?
You take the first-entry kit to a post office in the Sportello Amico network. The Ministry lists these documents: the signed contract, Moduli 1 and 2 (form 209), a document showing the definitive tax code, your own identity document and the passport page with the visa. The Questura then takes over and normally summons you for photographs and fingerprints (a ministry page from August 2021). To see where your application stands, read our guide to checking the status of your permit.
Mind the deadlines. Art. 5(2) sets eight working days from entry to apply for the permit, yet Moduli 1 and 2 arrive only once validation is complete. The official sources we read do not explain how the two deadlines fit together: apply as soon as you receive the forms and keep evidence of your entry, signature and submission.
The permit lasts as long as the contract, within these limits (art. 5(3-bis)): nine months in total for seasonal work, one year for a fixed-term contract and two years for an open-ended one. No renewal may exceed three years: see our guide to renewal.
Meanwhile, deal with your tax code, your health card and enrolment with the health service, which a ministry page from 2022 opens to people awaiting a first permit for employed work. The declaration of presence follows its own rules. To work while you wait, see the permit receipt guide.
What if the contract is not signed or sent in time?
If the signed contract does not reach the Sportello Unico within the deadline, the nulla osta is revoked, unless force majeure or causes not attributable to the worker explain the delay (art. 22(5-ter)). For remedies, see our guide to refusal and revocation. The employer faces a further effect: a nulla osta request is inadmissible (irricevibile) if, in the previous three years, the employer failed to sign the contract after an earlier nulla osta request, unless the employer proves that the failure was not its fault (art. 22(2-ter)).
If the employer does not complete the steps, keep proof of your entry and of your contacts with the employer, and go promptly to the Sportello Unico handling the file.
If the nulla osta contains wrong data, see our guide to a wrong nulla osta. We found no official procedure for correcting a contract already signed or validated: ask the Sportello Unico.
What has changed since 2023?
| Act | What changes | When |
|---|---|---|
| Decree-Law 20/2023, converted by Law 50/2023 | The nulla osta allows work before signing (art. 22(6-bis)) | Published 10 March 2023 |
| Decree-Law 145/2024, converted by Law 187/2024 | Digital signing and electronic transmission; nulla osta revoked if the contract does not arrive; inadmissibility for the employer (art. 22(2-ter), (5-ter) and (6)) | From the decreto flussi 2025 procedures |
| Decree-Law 146/2025, converted by Law 179/2025 | Eight days become fifteen (art. 22(6); art. 24(11)); sending also through authorised professionals or employers’ organisations (art. 24-bis(2-bis)) | 2 December 2025 |
| Law 182/2025, art. 4 | New housing benchmark; simpler proof for dormitories and accommodation businesses | 18 December 2025 |
| Legislative Decree 83/2026 | The employer must promptly pass on to the worker every communication received about the nulla osta procedure (art. 22(5-quinquies)) | From 22 May 2026 |
Frequently asked questions
Within how many days must the residence contract be signed?
Within fifteen days of the date you enter Italy, for employed work (art. 22(6), Legislative Decree 286/1998) and seasonal work (art. 24(11)). It was eight until Law 179/2025, in force from 2 December 2025; some official pages still say eight.
Do I have to go to the Sportello Unico to sign?
Not in the online decreto flussi procedure: the employer uses the Portale Servizi, receives the contract by PEC, has it signed and uploads it; the worker may sign by hand. For conversions of study or seasonal permits held in Italy, the sources we read describe signing at the Sportello Unico.
Can I work before signing the residence contract?
Yes, with a nulla osta for employed or seasonal work. Since Decree-Law 20/2023, art. 22(6-bis) says that pending signature the nulla osta allows the worker to start work. Signing is still required, because the work permit is issued once the contract has been concluded (art. 5(3-bis)).
What happens if the contract is not sent in time?
The nulla osta is revoked, unless force majeure or causes not attributable to the worker caused the delay (art. 22(5-ter)). A nulla osta request is also inadmissible if the employer, in the previous three years, did not sign the contract after an earlier nulla osta request, unless the employer proves that the failure was not its fault (art. 22(2-ter)).
Official sources
- Legislative Decree 286/1998, arts. 5 and 5-bis (in force at 12 December 2025) – Ministry of Foreign Affairs (Italian text)
- Presidential Decree 394/1999, arts. 14 and 30-bis (in force at 28 March 2024) – Ministry of Foreign Affairs (Italian text)
- Decree-Law 145/2024, art. 1 – Gazzetta Ufficiale no. 239 of 11 October 2024 (Italian text)
- Decree-Law 146/2025, consolidated text with Law 179/2025 – Normattiva (Italian text)
- Law 182/2025, art. 4 – Gazzetta Ufficiale no. 281 of 3 December 2025 (Italian text)
- Legislative Decree 83/2026, art. 1 – Gazzetta Ufficiale no. 115 of 20 May 2026 (Italian text)
- How to enter Italy for work (updated January 2026) – Integrazione Migranti portal (Italian text)
- Residence contracts online for workers trained abroad and Blue Card (19 June 2026) – Ministry of the Interior (Italian text)
How can SH Immigration Specialists help?
SH Immigration Specialists offers administrative help to prepare and check the residence contract documents and the later steps of the work-permit file. Legal advice, appeals and representation are handled by the lawyers of SH Immigration Specialists. The outcome depends on the competent authorities. For an assessment, contact us.
This content provides general information and does not constitute legal advice.
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Which other guides may help you?
- Types of Italian residence permit
- Italian residence permit for employment: requirements, duration and costs
- Decreto Flussi 2027 application: requirements, documents and procedure
- Seasonal work permit in Italy: clearance, duration and renewals
- Wrong Decreto Flussi Nulla Osta: How to Get It Corrected
- Declaration of Presence in Italy for Foreign Nationals
- Italian tax code for foreigners: how to get your codice fiscale
- Italian health card for foreigners: how to register with the SSN in 2026
