In this official guide I explain, step by step, the rules for converting a study residence permit into a work permit.
What is the conversion of a study permit into a work permit?
Anyone holding a permesso di soggiorno (residence permit) for study will, at some point, need to convert it from a study permit into a work permit (unless they plan to keep studying for the rest of their life).
The main problem with the study residence permit, in fact, is the maximum limit of 20 hours of work per week.
The big news is that, thanks to D.L. 20/2023 (the so-called Decreto Cutro), converted into Law no. 50 of 5 May 2023, converting a study permit into a work permit is in some cases possible even before you have completed your studies and, in all cases, at any time of the year and without any numerical cap.
When can you convert a study permit into a work permit?
Conversion from study to work is only possible if the residence permit you want to convert is still valid, that is, it has not expired.
However, the Consiglio di Stato (Council of State, Italy’s highest administrative court) has held that this condition should be interpreted flexibly, so that, under certain conditions, converting a study permit into a work permit is possible even if the application is late, as this does not affect the exercise of the right (see the ruling of 11 November 2021).
As mentioned above, the conversion from study to work can be requested at any time of the year and before completing your studies, but under these conditions:
- for those holding a study residence permit for enrolment in a degree course, master’s or PhD, or who were already in Italy when they turned 18, the application to convert the study permit into a work permit can be made even before completing their studies;
- for those holding study residence permits issued for enrolment in training courses, Italian language courses or traineeships in Italy, conversion is only possible after the training course or traineeship has been completed (Article 14(6) of D.P.R. 394/99, the implementing regulation of the Consolidated Immigration Act).
Can you convert a study permit into a work permit if it has expired?
Let us take a moment to clarify this point. As mentioned above, the Council of State ruling of 11 November 2021 specified that, in some cases, it is possible to convert a study permit into a work permit even after it has expired.
In particular, the judges held that a valid employment contract, signed before the study permit expired, would unequivocally show the foreign national’s intention to settle in the country by converting their study permit into a work permit.
Article 14(6) of D.P.R. n. 394/99 expressly provides that a residence permit for study may be converted into a residence permit for work “before its expiry, and after the signing of the residence contract for work”.
In the judges’ view, however, this expiry would not prevent conversion of the residence permit, because:
“although, strictly speaking, the conversion of a permit logically and legally requires the permit being converted to still be valid, systematic reasons favour the possibility of exceptionally attributing a ‘curing’ effect to factual elements existing before, and arising after, the expiry of the time limit […].
Article 5(5) of the TUI gives weight to factual elements, even ones that did not previously exist and were not stated in the application for renewal or issue of the permit, provided they are introduced into the proceedings before they are concluded, from which a favourable forecast of the applicant’s future earning capacity can be drawn, thus showing the legislator’s favour for the foreign national’s concrete and current wish to integrate into Italian society by working and lawfully earning a living.”
This principle would confirm the approach of the TAR (Regional Administrative Court) for Emilia-Romagna, which had already ruled to this effect in judgment no. 468/2020.
Consequently, a delay in submitting the application to convert a study permit into a work permit would not cause the loss of that right.
How do you convert a study permit into a work permit?
The application must be submitted online on the Ministry of the Interior website (Portale ALI) using SPID (Italy’s digital identity), choosing among the various options and taking particular care not to make mistakes.
Form VA: converting a study permit into an employment permit
Form VA allows foreign nationals who have not completed their studies to convert their study permit into a permit for employment.
The procedure at the Prefettura (Prefecture) is completed once the nulla osta (work clearance) has been obtained and after the appointment at the Sportello Unico per l’Immigrazione (Immigration Desk) to sign the residence contract together with the employer.
You are then given a kit postale (application kit) to hand in at the post office to request the appointment for fingerprinting.
Form Z: converting a study permit into a self-employment permit
Form Z allows foreign nationals who have not completed their studies to convert their study permit into a self-employment permit.
The procedure at the Prefettura is completed once the nulla osta has been obtained and after the appointment at the Sportello Unico per l’Immigrazione to collect the kit to be handed in at the post office.
Form V2: converting a study permit into an employment permit for foreign nationals who came of age or graduated in Italy
Form V2 allows foreign nationals who have completed their studies, or who came of age in Italy, to convert their study permit into an employment permit.
The procedure is the same as for form VA, but you must prove the above requirements.
Form Z2: converting a study permit into a self-employment permit for foreign nationals who came of age or graduated in Italy
Form Z2 allows foreign nationals who have completed their studies, or who came of age in Italy, to convert their study permit into a self-employment permit.
The procedure is the same as for form V, but you must prove the above requirements.
What are the requirements for converting a study permit into a work permit?
The main requirements for converting a study permit into a work permit are:
- holding a residence permit for study;
- having obtained authorisation from the Prefettura;
- having suitable accommodation;
- having a job offer as an employee for more than 20 hours per week;
- for conversion into a self-employment permit, the student must have obtained the nulla osta from the Chamber of Commerce or be registered with the relevant professional body.
Which documents do you need to convert a study permit into a work permit?
The documents required serve to prove the requirements listed above and are as follows.
Documents from the applicant
- passport, residence permit, identity card and codice fiscale (tax code);
- certificate of residence;
- tenancy agreement or declaration of hospitality;
- certificate of housing suitability (idoneità alloggiativa) issued by the Comune (municipality), or the receipt of the application for it;
- cessione di fabbricato (notice of property occupancy) stamped by the Comune or the Questura (police immigration office), or the receipt of submission by PEC (certified email);
- a €16 marca da bollo (revenue stamp).
Converting a study permit into an employment permit
Documents from the company
- identity card and codice fiscale of the employer;
- the employer’s telephone number, email and contact details;
- a recent visura camerale (company registration extract);
- UNILAV form (employment notification);
- self-declaration of the company’s social security and tax position;
- proposed employment contract of at least 20 hours per week;
- the company’s current number of employees and the number of foreign employees currently employed;
- the company’s latest turnover and income.
Converting a study permit into a self-employment permit
- for regulated professions, registration with the relevant professional register, or a licence;
- proof of an annual income from lawful sources (tax return, bank guarantee, current account statement) above the minimum level set by law for exemption from healthcare charges (about €8,500.00);
- a nulla osta stating the financial parameters for carrying out the intended activity, issued by the Chamber of Commerce under Article 39 of DPR 394/99;
- certificate of allocation of a partita IVA (VAT number);
- registration with the relevant INPS (National Social Security Institute) pension fund.
What if you receive a notice of refusal?
If the documents you sent are incomplete or incorrect, if the Prefettura considers that you do not meet the requirements, or if you selected the wrong form, you may receive a notice of refusal under Article 10 bis.
You only have 10 days to respond properly to the notice of refusal and get the Sportello Unico to change its mind, so do not miss this last chance.
What if your conversion application is refused?
If the Prefettura has made a final decision to reject your application to convert your study permit into a work permit, your only options are to apply again or to lodge an appeal.
It often happens that, after months of waiting, conversion applications are rejected because they were submitted incorrectly, with missing documents, or without carefully checking that all the requirements were met.
Do not waste any more time: rely on experts for your application to convert your study permit into a work permit. Contact SH Immigration Specialists.
This content provides general information and does not constitute legal advice.
