venerdì 30 gennaio 2026

Italian Court Confirms Right to Convert Medical Residence Permits into Work Permits

 

Italian Court Confirms Right to Convert Medical Residence Permits into Work Permits

A recent ruling by the Regional Administrative Court of Liguria has clarified a key issue in Italian immigration law: under certain conditions, residence permits issued for medical treatment can still be converted into work permits, even after the restrictive reforms introduced in 2023.

The case involved a foreign national who had applied for a medical residence permit before the entry into force of the so-called Cutro Decree. After securing a permanent employment contract, he requested the conversion of his permit into a work-related residence permit. The police authorities rejected the application, claiming that such conversions were no longer allowed under the current legal framework.

The Court rejected this interpretation. According to the judges, the decisive factor is not the date on which the conversion request is submitted, but the date of the original application for the medical residence permit. If that application was filed before the reform came into force, the previous legal regime continues to apply, including the possibility of conversion for employment purposes.

The ruling also addresses a recurring administrative argument: the alleged late filing of conversion requests. The Court reaffirmed that Italian law does not impose a strict forfeiture deadline for applications to renew or convert residence permits, unless such a deadline is explicitly established by statute.

This decision strengthens legal certainty for migrants and curbs restrictive administrative practices that have proliferated since the 2023 reform. It also confirms the corrective role of administrative courts in ensuring that transitional rules are applied consistently and in line with fundamental legal principles.

The full judgment and a detailed legal commentary are available on Calaméo at the following link:
https://www.calameo.com/books/0080797757bd2f71b7d5a

Avv. Fabio Loscerbo

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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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