Conversion of a residence permit from study to work

Switching from a residence permit for study purposes to one for work is a crucial step for many foreign students who decide to build their professional future in Italy. While the study residence permit allows students to remain in the country during their academic journey, it imposes very strict limits on work activity: in fact, students are allowed to work a maximum of 20 hours per week, up to a total of 1,040 hours per year. For those who wish to begin a real professional career, this limit quickly becomes an obstacle.

In recent years, the regulatory framework has changed significantly. With Decree-Law 20/2023, known as the “Cutro Decree,” converted into Law No. 50 of May 5, 2023, the conversion procedure has become more flexible. The major innovation is that, in certain situations, the application may be submitted even before completing the study program, without time constraints and without falling under the quotas established by the decreto flussi.

When it is possible to request the conversion

The general rule provides that the conversion request may be submitted only if the residence permit for study purposes is still valid. However, case law has introduced a less rigid interpretation of this requirement. The Council of State, in a decision issued in November 2021, recognized that a delayed request does not automatically entail the loss of the right, provided that there are elements demonstrating the student’s concrete intention to undertake stable employment.

In practice:

• students enrolled in university courses, master’s programs, or Ph.D. programs, or young people who entered Italy as minors, may request the conversion even during their academic path, without waiting for graduation or a final diploma
• those who hold a permit issued for vocational training courses, Italian language learning programs, or internships may convert it only after having successfully completed the training program, as required by Article 14, paragraph 6 of Presidential Decree 394/99

This distinction reflects the different nature of the training paths: in the first case, the studies aim at obtaining an academic qualification, while in the second, they are preparatory steps for entering the labor market.

Conversion with an expired permit: when it is possible

An aspect that often causes confusion concerns the possibility of proceeding with the conversion when the residence permit has already expired. The decision of the Council of State offered important clarification: the expiration does not automatically prevent the conversion if conditions exist that demonstrate the individual’s intention to integrate professionally in Italy.

According to the judges, the presence of an employment contract signed before the permit’s expiration may be a decisive factor. Such a contract demonstrates the foreigner’s intention to settle in the country and support themselves through lawful employment. In this way, “pre-existing” and “subsequent” elements may have a remedial effect, allowing validation of the conversion process even beyond the ordinary deadlines.

This approach strengthens the legislator’s intention to promote integration paths based on employment and confirms what had already been expressed by some administrative courts, such as the Regional Administrative Court (TAR) of Emilia-Romagna.

A fundamental step for those who remain in Italy after their studies

For many foreign students, obtaining a visa for Italy and a residence permit for study purposes represents the first step in a life project that continues beyond university. The conversion of the residence permit from study to work is therefore a decisive moment, allowing entry into the labor market without limitations and enabling a stable and lawful future in Italy.

Thanks to the new regulations and the most recent judicial interpretations, this transition is now more accessible, more flexible, and more aligned with the needs of those who wish to invest their professional future in the country.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.