domenica 18 gennaio 2026

Conversion of a Seasonal Residence Permit: Late Filing, Administrative Review, and the Limits of Discretion in the Case Law of the Emilia-Romagna Regional Administrative Court

 

Conversion of a Seasonal Residence Permit: Late Filing, Administrative Review, and the Limits of Discretion in the Case Law of the Emilia-Romagna Regional Administrative Court

The conversion of a residence permit from seasonal work to subordinate employment continues to represent one of the most contentious areas in the relationship between public administration and foreign nationals. On this issue, a particularly significant ruling was delivered by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025, offering systemic clarifications with concrete implications for the practice of Immigration One-Stop Shops.

The case arose from a refusal issued by the Prefecture of Modena against a request for conversion submitted by a seasonal worker. The denial was based on three recurring grounds: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court progressively dismantles this approach, reaffirming principles which, although not new, are frequently disregarded in everyday administrative practice.

From a procedural standpoint, the judgment strongly emphasizes end-procedural adversarial participation, clarifying that non-compliance with Article 10-bis of Law No. 241 of 1990 cannot be dismissed as a merely formal defect. The failure to assess the applicant’s observations directly affects the lawfulness of the final decision, as it compromises the administrative investigation and empties the duty to state reasons of its substance. In this context, the Court expressly excludes the possibility of curing the defect under Article 21-octies where the dialogue with the interested party is essential to the decision-making process.

As for the requirement of 39 working days, the Court reiterates that, in seasonal agricultural work, verification must be carried out on the basis of days actually worked and corresponding social security contributions. In the case at hand, the documentation demonstrated that the minimum threshold had been exceeded, while the Administration had limited itself to a generic assertion unsupported by any factual verification. This results in an additional defect of inadequate investigation and reasoning.

The most systemically relevant aspect of the decision concerns the alleged late filing of the conversion request. The Court reaffirms that Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not establish any mandatory deadline and that the expiration of the seasonal permit does not, in itself, constitute an automatic bar to conversion. The decisive criterion is that of reasonableness, which must be assessed on a case-by-case basis. In the present case, the continuity of the applicant’s employment allowed the Court to overcome even a significant delay, excluding any evasive or abusive intent.

The judgment concludes by upholding the appeal and ordering the Administration to reassess the case within sixty days. The message is clear and difficult to circumvent: the administrative management of immigration cannot be based on automatic refusals, restrictive interpretations lacking a statutory basis, or superficial investigations, but must instead engage with the facts, the work actually performed, and the procedural guarantees provided by law.

The full text of the decision is available for consultation and study at the following link:
https://www.calameo.com/books/008079775a789a666320a

Avv. Fabio Loscerbo

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New on TikTok: Seasonal Work Permit and Right to be Heard: Italian Administrative Court Annuls Police Decision Welcome to a new episode of the podcast “Immigration Law”. I am Attorney Fabio Loscerbo, and today we discuss an important decision of the Italian administrative court concerning seasonal work permits and the right of a foreign national to participate in the administrative procedure. I am referring to the judgment of the Regional Administrative Court for the Marche Region (TAR Marche), Section II, number 292 of 2026, issued in case number 137 of 2026 and published on March 4, 2026. The case concerns a foreign national who entered Italy legally with a seasonal work visa valid for 270 days. However, once in Italy, he was unable to sign the residence contract with the employer indicated in the work authorization. For this reason, the Police Headquarters declared inadmissible the application for a residence permit for subordinate work – pending employment, arguing that the failure to establish the employment relationship automatically prevented the issuance of a residence permit. The Administrative Court did not agree with this approach. The central issue of the decision concerns the lack of prior notice of rejection required by Article 10-bis of Law No. 241 of 1990, which governs administrative procedures in Italy. According to the court, when a public administration intends to adopt a negative decision, such as the denial of a residence permit, it must first inform the applicant of the reasons that could lead to the rejection of the request. This notice allows the applicant to submit observations or additional documents in order to defend their position. In this case, that procedural guarantee was not respected. The declaration of inadmissibility had, in practice, the same effect as a denial of the residence permit, but without allowing the applicant to participate in the administrative process and provide explanations. For this reason, the TAR Marche upheld the appeal and annulled the decision of the Police Headquarters. At the same time, the court clarified that it did not rule on the merits of the residence permit itself. The administration must now re-examine the case following the correct procedural rules. This judgment confirms an important principle of administrative law: even in immigration procedures, the right to participate in the administrative process and to be heard before a negative decision is taken is a fundamental guarantee. Thank you for listening to this episode of the podcast “Immigration Law”. I am Attorney Fabio Loscerbo, and I will see you in the next episode.

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