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
Nessun commento:
Posta un commento