A non-EU foreigner who is regularly in national territory with a valid residence permit, in cases provided for by the regulations, may convert the residence permit they hold into another type of permit as long as the one they currently possess is still valid and, in specific cases, there are quotas available as per the decree on immigration flows.

The conversion request must be submitted to the Single Immigration Desk competent for verifying the availability of entry quotas. Let’s examine in detail some cases:

Conversion of the study permit to:

Subordinate work: a foreign student who works for more hours than allowed by their residence permit can request its conversion into a residence permit for subordinate work by contacting the Single Immigration Desk of their province of residence to apply for verification of the availability of quotas for subordinate work, on the dedicated website of the Ministry of the Interior. Self-employment: a foreigner who wants to convert their study permit into a residence permit for self-employment must submit a request to the Single Immigration Desk of their province of residence and, subsequently, submit the request for certification attesting to the possession of the requirements for self-employment under Article 6, paragraph 1 of the Immigration Consolidation Act. Those who have completed one of the following courses of study in Italy: Bachelor’s degree (180 university credits or ECTS) Two-year specialist degree (120 ECTS); Master’s degree (300 ECTS); Specialization diploma (minimum duration of 2 years); Doctorate in university research (minimum duration of 3 years); First-level university Master’s degree, post three-year degree (minimum duration of 1 year); Second-level university Master’s degree, post specialist or master’s degree (minimum duration of 1 year); Certificate or diploma of completion, post specialist or master’s degree (1-year duration) Can obtain the conversion of their study permit into a work permit outside the flow quotas by submitting, in addition to the required documentation, a copy of the diploma or certificate certifying the achievement of the academic qualification or completion of the internship.

Conversion of the seasonal work permit to subordinate work:

The foreign worker authorized for the second time to enter Italy for seasonal work and holding the relevant residence permit still valid can convert it into a residence permit for subordinate work (fixed-term or indefinite) within the available quotas. The conversion request must be submitted to the Single Immigration Desk on the Ministry of the Interior’s dedicated website.

Conversion of another type of residence permit into a residence permit for Family Reasons (Family Cohesion):

A foreign family member regularly residing in Italy, who meets the requirements for family reunification with a foreigner legally residing in Italy, can apply for conversion of the residence permit they hold into a residence permit for family reasons. Conversion can be requested within one year from the expiry date of the family member’s originally held residence permit, i.e., within the last year of validity of the residence permit (Article 30 of the Immigration Consolidation Act).

Any type of residence permit can be converted for family reasons. Foreigners applying for the conversion of the residence permit (regardless of the type) are normally not subject to the payment of the contribution required for issuance.

Tacit Conversion

According to the provisions of Article 6 of the Immigration Consolidation Act, the residence permit issued for subordinate work, self-employment, and family reasons can be used for other permitted activities even without formal conversion. Based on this, Article 14, paragraph 1 of the Implementing Regulation (Dpr 394/1999) of the Immigration Consolidation Act, regulates some special cases in which “tacit conversion” can be considered. In these cases, conversion occurs at the time of renewal of the residence permit through the modification of the reason for which the latter is requested, and therefore, there is no need to go to the Police Headquarters to make a specific request.

The hypotheses provided for by Article 14 are as follows:

the residence permit issued for non-seasonal subordinate work allows self-employment, subject to acquisition of the necessary enabling or authorizing title, if any, and provided that the other requirements or conditions provided by the current legislation for the exercise of self-employment are met, as well as the exercise of work as a working partner in cooperatives; the residence permit issued for self-employment allows subordinate work, for the validity period thereof, upon entry into the register or, if the employment relationship is ongoing, upon communication by the employer to the Provincial Labor Directorate; the residence permit for family reunification or entry accompanying the worker, for humanitarian reasons, or for minor integration allows subordinate work and self-employment under the conditions set out in letters a) and b); the residence permit for subordinate work, self-employment, and family reasons can be converted into a residence permit for elective residence.

It should be noted that it is possible to request a Waiting for Employment permit from a Subordinate Work permit, Self-Employment permit, and from a Study permit once a diploma is obtained in Italy, but it is not possible to request a Waiting for Employment permit from a Family Reasons permit (for reunification, art. 19, Law 30/2007) unless the citizen has worked in the previous period, in which case the decision is left to the competent Police Headquarters.

The Security Decree DL 130 2020 converted into Law 173 2020 has allowed the conversion into subordinate work of the following types of permits: Special Protection Calamity Elective Residence Citizenship Acquisition Statelessness Sports Activity Artistic work Religious Reasons Childcare Medical Care (ex art. 19 letter d-bis for serious health reasons)