New on TikTok: Residence permit denied because of a past conviction: when conversion to a work permit becomes impossible Good morning, I am Attorney Fabio Loscerbo and this is a new episode of the podcast Immigration Law. Today we address a very frequent practical problem: the conversion of a residence permit into a permit for subordinate employment being denied because of a prior criminal conviction. The issue was clarified by the Regional Administrative Court of Emilia-Romagna, First Section, with judgment number 01561 of 2025, issued in December 2025. The Court reiterated that, where there is a final conviction for drug-related offences in their more serious forms—specifically those provided for by Article 73, paragraph 1-bis, of Presidential Decree 309 of 1990—an automatic ground exists preventing the issuance or conversion of a residence permit for work purposes. In such cases, neither the suspension of the sentence, nor mitigating circumstances, nor the time elapsed since the conviction are relevant. The administration applies Articles 4, paragraph 3, and 5 of the Consolidated Immigration Act in a binding manner. The only possible area of discretionary assessment concerns the presence of effective and current family ties in Italy. Only where a genuine family unit exists—proven and not merely formally declared—is the administration required to carry out a balancing exercise between social dangerousness and the protection of family life, also in light of Article 8 of the European Convention on Human Rights. If these ties are not proven, or have been interrupted, the refusal becomes essentially mandatory. The practical problem, therefore, is this: many foreign nationals believe that a conviction that has been “served” or dates back in time no longer affects their administrative status. The reality is different. In the field of residence permits for subordinate employment, certain convictions remain an insurmountable barrier, regardless of subsequent employment history or the degree of social integration. I am Attorney Fabio Loscerbo, thank you for listening, and I look forward to seeing you again soon for a new episode of the Immigration Law Podcast.

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