Right to work in Italy for non-EU spouse
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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
- 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
- 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
- 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
- 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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