Title: Italian Court Reopens Path to Work Permit Conversion for Special Protection Holders

 Title: Italian Court Reopens Path to Work Permit Conversion for Special Protection Holders

A recent ruling by the Regional Administrative Tribunal of Tuscany is set to have a significant impact on immigration law in Italy, particularly on the controversial issue of converting residence permits for special protection into work permits after the so-called Cutro Decree.

The judgment, number 702 of 2026, addresses a case in which a foreign national had applied for international protection in July 2021 and was granted special protection in 2024. Later that same year, the individual sought to convert the residence permit into a work permit. The Police Headquarters rejected the request, arguing that the legal reform introduced by Decree Law number 20 of 2023 had eliminated the possibility of such conversions.

However, the Tribunal took a different view, offering a legal interpretation that may reopen opportunities for many migrants in similar situations.

At the heart of the decision lies the interpretation of transitional provisions contained in Article 7 of the Cutro Decree. According to the court, the key factor is not the date of the conversion request, but the date on which the original application for protection was submitted.

Since the applicant had filed for protection before the entry into force of the new law, the Tribunal ruled that the previous legal framework still applied. Under that regime, conversion into a work permit was allowed.

The court therefore annulled the administrative decision, stating that the authorities should have considered the earlier application date and applied the former rules.

The full decision is available here:
https://www.calameo.com/books/008079775f3dbbc30cfe4

This ruling reinforces the principle that new laws cannot retroactively affect legal situations that were already in progress. It also highlights the importance of protecting legitimate expectations, especially in administrative procedures that can take years to conclude.

From a broader perspective, the judgment suggests that the restrictive impact of the Cutro Decree may not be as absolute as initially thought. Instead, a case-by-case assessment remains necessary, particularly when transitional rules are involved.

For legal practitioners, the decision provides a strong basis for challenging similar administrative refusals and for defending the rights of migrants whose legal pathways began before the reform.

Ultimately, the ruling marks an important development in the ongoing evolution of Italian immigration law, confirming that even in a more restrictive legal environment, there are still avenues for protection and regularization.