Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo https://ift.tt/Od8fiGH from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/1SmU2PR from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/w0tqm7R from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/arOlC3X from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT

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Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo https://ift.tt/Od8fiGH from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/1SmU2PR from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/w0tqm7R from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT

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Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo https://ift.tt/Od8fiGH from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT https://ift.tt/1SmU2PR from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT

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Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo https://ift.tt/Od8fiGH from Avv. Fabio Loscerbo https://ift.tt/P2vJQuz via IFTTT

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Press Release – Publication of New Episodes of the Podcast “Immigration Law” https://ift.tt/6MF5vjh Press Release – Publication of New Episodes of the Podcast “Immigration Law” New episodes of the podcast “Immigration Law” have been released, focusing on a topic of significant practical and legal relevance: the relationship between criminal records and the renewal of residence permits, and the limits of administrative discretion. The episodes draw inspiration from a recent administrative court decision and address, with clear yet legally rigorous language, a central issue in the practice of Police Headquarters and in immigration-related litigation: the impossibility of denying a residence permit on the basis of automatic mechanisms, in the absence of a concrete, current, and individualized assessment of the alleged social dangerousness of the individual concerned. The content has been published in multiple languages, with the aim of reaching a broad audience, including foreign nationals, legal practitioners, and scholars in the field. 🔗 Listen to the episodes: 🇬🇧 English Residence Permit and Criminal Records: The Limits of Administrative Discretion https://ift.tt/F7pdv4q 🇸🇦 Arabic تصريح الإقامة والسوابق الجنائية: حدود السلطة التقديرية للإدارة https://ift.tt/8WNROCu 🇪🇸 Spanish Permiso de residencia y antecedentes penales: los límites de la discrecionalidad administrativa https://ift.tt/O6rQZk1 🇫🇷 French Titre de séjour et antécédents pénaux : les limites du pouvoir discrétionnaire de l’administration https://ift.tt/Celc6M0 🇦🇱 Albanian Leja e qëndrimit dhe precedentët penalë: kufijtë e diskrecionalitetit administrativ https://ift.tt/FVHfrdW The podcast “Immigration Law” thus continues its path of legal dissemination, aiming to make the fundamental principles of immigration law accessible without sacrificing technical rigor or critical engagement with administrative practice. Avv. Fabio Loscerbo

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New on TikTok: Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. https://ift.tt/5GQt8xu https://ift.tt/t7o5Zjk https://ift.tt/YUzhVm8 from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT https://ift.tt/HLSDOGK from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT https://ift.tt/0mxlvGh from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT

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New on TikTok: Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. https://ift.tt/5GQt8xu https://ift.tt/t7o5Zjk https://ift.tt/YUzhVm8 from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT https://ift.tt/HLSDOGK from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT

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New on TikTok: Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. https://ift.tt/5GQt8xu https://ift.tt/t7o5Zjk https://ift.tt/YUzhVm8 from Avv. Fabio Loscerbo https://ift.tt/bfT59ME via IFTTT

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New on TikTok: Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. https://ift.tt/5GQt8xu https://ift.tt/t7o5Zjk

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Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. https://ift.tt/t7o5Zjk https://ift.tt/Lhk7Sad https://ift.tt/ebmgrqh

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New on TikTok: Conversion of a Seasonal Residence Permit, Late Filing, and Administrative Review: Clarifications from the Emilia-Romagna Regional Administrative Court I am Attorney Fabio Loscerbo, and in this new episode of the podcast Immigration Law we analyze a particularly relevant ruling concerning the conversion of a residence permit from seasonal work to subordinate employment, issued by the Tribunale Amministrativo Regionale per l’Emilia-Romagna, First Section, published on December 22, 2025, in general registry case number 1710 of 2025. The case originates from a denial issued by the Immigration Desk of the Prefecture of Modena against a seasonal worker who had applied for conversion after the expiration of his residence permit. The Administration based the refusal on three arguments that frequently recur in practice: the alleged late filing of the application, the failure to meet the requirement of 39 working days, and the supposed irrelevance of the defensive observations submitted during the administrative procedure. The Court first addresses the issue of procedural adversarial participation, clarifying that it cannot be treated as a mere formality. In this case, the Administration ignored a written submission filed pursuant to Article 10-bis of Law No. 241 of 1990, incorrectly stating that the applicant had not provided any observations. According to the Court, this omission directly affects the lawfulness of the decision, as it prevents a complete administrative investigation and an adequate statement of reasons. With regard to the requirement of 39 working days, the Court recalls that, in the agricultural sector, seasonal work is assessed by days worked and on the basis of actual social security contributions. In the case examined, the documentation showed that the minimum threshold had been exceeded, yet the Administration had carried out no concrete verification, limiting itself to a purely assertive denial. On this point as well, the decision was found to be flawed. The most delicate issue concerns the late filing of the conversion request. The Court reaffirms a principle that is now well established: Article 24, paragraph 10, of the Italian Immigration Consolidated Act does not provide for any mandatory deadline. The expiration of the seasonal permit does not automatically preclude conversion. The only relevant limit is that of reasonableness, which must be assessed on a case-by-case basis. In this specific situation, despite a significant delay, the continuity of the applicant’s employment excluded any elusive or abusive intent. The appeal was therefore upheld, and the Administration was ordered to reassess the case within sixty days. This decision sends a clear message: the administrative management of immigration cannot be based on automatic refusals, formalistic approaches, or superficial investigations, but must instead be grounded in factual circumstances, actual employment, and procedural safeguards. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law.

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