mercoledì 5 agosto 2026

Residence Permit and Criminal Convictions: Family Matters


 

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New on TikTok: Trainee Residence Permit: Can the Authorities Reject It Because of Their Own Delay? Welcome to a new episode of the Immigration Law podcast. I am Attorney Fabio Loscerbo. Today we are discussing the Italian residence permit for trainees, by examining an important judgment of the Regional Administrative Court for Emilia-Romagna, published on 29 June 2026, issued in General Register case number 632 of 2026. The case concerns a foreign national who lawfully entered Italy with a visa for study and vocational training. He promptly applied for the residence permit provided for under Article 39-bis of the Italian Immigration Act. The training programme was successfully completed and, shortly afterwards, he even obtained a permanent employment contract. Despite these circumstances, the Bologna Police Headquarters rejected his application. The reasons for the refusal were rather unusual. The authorities argued that the training programme had already ended and that the applicant had never requested the conversion of the trainee residence permit into a work residence permit. The Court ruled in favour of the applicant. The judges pointed out that the application for the trainee residence permit had been submitted in August 2024, but the Police Headquarters did not issue the notice of intended refusal until one year later, when the training programme had already expired. According to the Court, the administration cannot rely on the expiry of the training programme as a reason for refusing the permit when it was precisely its own delay that prevented the permit from being issued while the programme was still valid. The judgment also addresses another important issue. The authorities criticised the applicant for failing to apply for the conversion of his residence permit into a work permit. However, the Court recalled a principle that is logical before it is legal: a residence permit can only be converted if it has first been issued. If the trainee permit was never granted because of the administration's delay, the applicant cannot be penalised for failing to submit an application that it was legally impossible for him to make. For these reasons, the Court annulled the refusal and ordered the administration to reconsider the application. The judgment reaffirms a fundamental principle: delays attributable to the public administration cannot become a reason for denying a right to a person who has complied with all the legal requirements. Thank you for listening to this episode of the Immigration Law podcast. I am Attorney Fabio Loscerbo, and I look forward to welcoming you to our next episode covering the latest court decisions, legislative developments, and key issues in Italian immigration law.

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