Good morning, I am Attorney Fabio Loscerbo and this is a new episode of the podcast Immigration Law. Today we are discussing an important decision of the Regional Administrative Court of Lombardy concerning the conversion of a seasonal work residence permit into a standard work residence permit. The case involved a foreign worker who held a seasonal work permit that expired on September 30, 2023. However, the permit was physically delivered by the police authorities only on October 16, 2023, after its expiration date. The worker later applied to convert that permit into a residence permit for subordinate employment. The Prefecture revoked the authorization, arguing that the application had been filed after the permit had expired. The Administrative Court disagreed. The judges found that the delay was not the worker’s fault. More importantly, they relied on established case law stating that the expiration of the permit does not automatically prevent its conversion. According to the Court, what really matters are the substantive requirements: having worked legally in Italy, having a valid job offer, and meeting the conditions established by immigration legislation. The formal expiration of the permit cannot outweigh these substantive elements, especially when the applicant has demonstrated a genuine intention to work and integrate into Italian society. For this reason, the Court annulled the Prefecture’s decision and ordered the administration to re-examine the application. This judgment sends an important message: immigration law should not be applied in an excessively bureaucratic manner. When the legal requirements are met, administrative delays should not deprive a person of the opportunity to regularize their status and continue their lawful employment in Italy. Thank you for listening to this episode of Immigration Law. I am Attorney Fabio Loscerbo, and I look forward to meeting you again in the next episode.

Questo episodio include contenuti generati dall’IA.