Is it possible to work while waiting for the issuance or renewal of a residence permit?

In Italy, many foreign citizens find themselves waiting for the issuance, renewal, or conversion of their residence permit. During this period, a crucial question often arises: is it legal to work while waiting for the (new) document?

The right to work while awaiting the issuance or renewal of the residence permit in Italy

Yes, Italian law allows it. Article 5, paragraph 9-bis of the Consolidated Immigration Act (Legislative Decree No. 286/1998) expressly provides that a foreign national — as long as they have applied for a document entitling them to work — may engage in employment while awaiting the issuance or renewal of their residence permit, provided that the application has been duly submitted within 8 days of entering Italy with a long-stay national visa, or before the expiry of the previous permit.

The receipt issued by the Post Office or by the Police Headquarters (Questura), depending on the case, certifying that the application has been submitted, constitutes sufficient proof to work. This receipt, in fact, ensures the full legality of the stay until the administration makes its decision. However, if the application is later rejected, the right to work immediately ceases.

Conversion of permits and new employment

The same rule applies to those who have applied to convert their residence permit into one for subordinate employment, for example, from seasonal work to non-seasonal work. As clarified by the Ministry of Labour in Circular No. 10 of 5 May 2025, the worker may start the new job even before being summoned by the Sportello Unico (Unified Immigration Desk), provided that the employer reports the hiring through the online “UNILAV” form, or, in the case of domestic work, makes the notification to INPS within the 24 hours prior to the start of employment.

Asylum seekers and temporary protection

Applicants for international protection may also work, but only after 60 days from the submission of the asylum request, if the procedure has not yet been concluded and the delay is not attributable to the applicant. The receipt of the application, in this case, serves as a provisional residence permit.

Those who have requested temporary protection — such as Ukrainian citizens — are allowed to work immediately under the regulation set by the Decree of the President of the Council of Ministers (DPCM) of 28 March 2022, already with the receipt of the application for the permit, without having to wait for the physical document to be issued.

How to manage hiring

Employers intending to hire foreign citizens who are waiting for the issuance or renewal of their residence permit simply need to indicate in the UNILAV form the note “awaiting issuance” or “under renewal.” This procedure also applies to domestic employment relationships.

The receipt of the application for renewal or issuance is therefore sufficient for hiring purposes and ensures that the worker can fully exercise their labor and social security rights.

A right tied to procedural regularity

The principle underlying this rule is clear: anyone who has duly applied for the issuance or renewal of an Italian residence permit retains full legal residence status and, consequently, can continue working in Italy. Only in the case of a final rejection of the application does the right to work cease.

Therefore, anyone entering Italy with a valid long-stay visa and promptly initiating the procedure for the issuance of a residence permit, or submitting the renewal request for an expired permit within the legal timeframe, does not lose their right to work, live, and integrate into Italian society while awaiting the completion of the administrative process.

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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.