A residence permit for study, apprenticeship or training purposes is among the permits that entitle a person to work – albeit subject to a maximum number of hours in the case of employment – and can be converted into a permit for subordinate or self-employed work purposes in the presence of the requirements provided by law.
The so-called Cutro Decree (Decreto Legge 20 Marzo N. 23 converted into Legge 5 Maggio 2023 N. 50) deleted the provision according to which the conversion of these permits was subject to the availability of quotas provided by the annual Decreto Flussi (flows decree). These permits can now be converted at any time of the year and without numerical limits.
When can a residence permit for study reasons be converted into a permit for work?
In general, conversion is only possible if the residence permit that needs to be converted is still valid and, therefore, has not expired.
Note: The Consiglio di Stato (Conseil d'État) has held that this condition must be interpreted flexibly and that, under certain conditions, the delay in applying for the conversion of a residence permit does not constitute a cause for forfeiture of the exercise of this right (see judgment of 11 November 2021).
The request can also be made before the conclusion of the study cycle, in the case of permits issued to attend university (bachelor, master or PhD courses) or in the case of foreigners already present in Italy when they reach the age of majority. Regarding study permits issued to attend training courses or to carry out training periods in Italy, the conversion is possible only after the training course or training period has been completed. (Article 14, paragraph 6, of DPR N. 394 of 1999).
Subject to these requirements, conversion can now be requested at any time of the year, as waiting for the quotas set by the Decreto Flussi is no longer necessary.
What are the requirements for requesting the conversion?
Before requesting the conversion of a residence permit issued for study, training or traineeship reasons, it is necessary to verify that you meet the requirements of the law for conversion (Art. 6, paragraph 1 of Decreto Legislativo 286/1998 - TUI).
The residence permit issued for study, training or traineeship reasons can be converted into either employment or self-employment permits.
In the case of a request for conversion from study to employment reasons, by applying, you are asking to be summoned to Sportello Unico for the stipulation of the residence contract. Also, you declare that you possess a proposal for a residence contract for employment, written on Modello Q (Form Q) and signed by the employer.
The proposal (containing data on the employer, the type of CCNL contract that will be applied, level/duties and weekly working hours, place of employment, etc.) must be presented to Sportello Unico at the time of the convocation. In any case, permits issued for study reasons are compatible, even before conversion, with the performance of a subordinate work activity for a time not exceeding 20 hours per week, even cumulative for fifty-two weeks, without exceeding the annual limit of 1,040 hours. In the event of a request for conversion, the working time provided in the residence contract proposal must exceed 20 hours per week.
In the case of a request for conversion from study to self-employment, it is necessary to require to the Sportello Unico the certification of possession of the requirements for self-employment. At the time of the convocation at the Sportello Unico, the foreigner must present a copy of the documentation relating to the activity that they are going to carry out and the financial resources required to carry it out (income above the minimum level stipulated by law for exemption from participation in health care costs, i.e. €8,500.00). If one converts a permit for study reasons to carry out a self-employed activity as an entrepreneur, trader or artisan, registration with the chamber of commerce is required. In any case, permits issued for study reasons are compatible, even before conversion, with the carrying out of a self-employed activity.
How do I apply for conversion?
The application for the conversion of a residence permit issued for study or professional training reasons into employed work must be submitted electronically by the holder of the permit (or by another accredited party such as a patronage) through the Ministry of the Interior's website which directs to the Immigration Desk of the international student's province of residence. Once registered on the website of the Ministry of the Interior, in the absence of further indications, the forms to be filled out remain those currently in use:
- form VA in the case of conversion into a residence permit for employed work;
- form Z in the case of conversion into a residence permit for self-employed work;
- form V2 in the case of conversion into a residence permit for employed work for foreigners who have reached the age of majority in Italy or who graduated in Italy;
- form Z2 in the case of conversion into a residence permit for self-employment for foreigners who have reached the age of majority in Italy or who graduated in Italy.
At the time of the convocation at the Sportello Unico, once the presence of all requirements has been verified, a copy of the residence contract signed by both parties will be given to both the employer and the foreigner; the foreigner will also be issued with a kit for applying for a residence permit for work reasons.