lunedì 8 dicembre 2025

New Episode of the Podcast “Immigration Law” Title: Refusal of a Self-Employment Residence Permit and Mandatory Requirements: The TAR Lecce Ruling of 19 November 2025


 New Episode of the Podcast “Immigration Law”

Title: Refusal of a Self-Employment Residence Permit and Mandatory Requirements: The TAR Lecce Ruling of 19 November 2025

Good morning, this is Lawyer Fabio Loscerbo, and welcome to a new episode of the Immigration Law podcast.

Today we examine a recent decision of the Regional Administrative Tribunal (TAR) for Apulia – Lecce division, delivered on 19 November 2025 and published on 28 November 2025, concerning the refusal to renew a residence permit for self-employment.

The case focuses on three key aspects: compliance with the statutory requirements set out in the Consolidated Immigration Act, the assessment of social dangerousness, and the relevance of family ties in Italy.

The Tribunal reiterates that, in matters of self-employment, the legal requirements are mandatory: the applicant must prove a lawful annual income above the minimum threshold and the availability of suitable accommodation. In this case, neither adequate housing nor sufficient income was demonstrated. The legislation does not allow the Administration to rely on future prospects or to treat deficiencies as later-remediable irregularities.

Regarding public security, the Administration considered several criminal and police records. The Tribunal confirms that such elements may be taken into account even if they have not yet resulted in a final criminal conviction, where they indicate conduct incompatible with the renewal of the permit.

With respect to family ties, the applicant was the father of an Italian minor but did not live with her nor maintain a documented stable relationship. The Tribunal aligns with the settled case-law holding that the presence of a child in Italy does not in itself preclude a refusal where overriding public-order considerations are present.

The judgment concludes that the decision of the Questura was lawful, properly reasoned, and supported by adequate factual findings.

This episode has summarised a ruling that clarifies how the requirements for self-employment residence permits are applied in practice and how they interact with assessments of social dangerousness.

See you in the next episode of Immigration Law.

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New on TikTok: Residence permit denied by the Police but granted by the Court: a job and real integration are enough for special protection Welcome to a new episode of the podcast Immigration Law. My name is lawyer Fabio Loscerbo, and today we address a very practical issue: what happens when the Police deny a residence permit, but the Court overturns that decision. We are talking about a judgment of the Court of Bologna, case number 591 of 2025, concerning the recognition of special protection . The Police had denied the permit, arguing that the applicant had not demonstrated sufficient integration. This is a very common reasoning in practice: authorities often expect an almost “perfect” level of integration, as if a foreign national had to prove complete and definitive social inclusion. The Court takes a different approach, one that is more consistent with the law and recent case law. It clearly states that full integration is not required. What matters is a serious and concrete path of integration, even if it is still ongoing. In this case, the applicant had a stable job, an income, had attended language courses, and had been living in Italy for several years. All these elements, taken together, show real social integration. At this point, a key legal principle comes into play: the right to private life under Article 8 of the European Convention on Human Rights. This concept does not only concern family ties, but also includes social relationships, work, and the life a person builds over time. The Court states that removing a person in such circumstances would mean uprooting them and seriously affecting their fundamental rights. It also adds an important point: if there are no concerns related to public safety or public order, the State’s interest in expulsion becomes weak. The outcome is clear: the Court recognizes the right to a residence permit for special protection, valid for two years, renewable and convertible into a work permit . The message of this decision is straightforward: if a person works, integrates, and builds a life in Italy, this reality cannot be ignored. And this is exactly where the future of immigration law will increasingly be decided. Thank you for listening, and see you soon for a new episode of Immigration Law.

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