Renewal and conversion of residence permit in Italy

In order to live and work in Italy you will need to apply for a residence permit. In this article we will talk about the extension and conversion of residence permit in Italy.

Renewal of residence permit or denial of its issuance

Those foreigners who are already in Italy and whose residence permit is about to expire, must apply for renewal at the Quaestor of the province where they reside at least 60 days before the expiry date of the residence permit. The residence permit cannot be renewed:

if it appears that the foreigner has interrupted his/her stay in Italy for a period of more than six months,
if the residence permit was issued for a period of at least two years and the foreigner has been absent for a continuous period of more than half of the validity period of the residence permit (unless the interruption was caused by the need to fulfil military obligations or other serious and proven reasons).

In case of failure to obtain or renew the residence permit (due to lack of documents, lack of request, illegal request, request outside the time limit, etc.), the law provides for the procedure of expulsion of the alien from the territory of the Italian State. The alien who hasbeen ordered toundergo expulsionprocedure may appeal, however, the appeal does not determine the suspension of the expulsionprocedure, unless the alien is authorised by the court to remain in the territory of the State upon request.The expulsion procedure is also applicable if the renewal of the residence permit has not been requested.

Conversion of the residence permit

In cases and in accordance with the procedures established by law, it is possible to convert the residence permit, i.e. to change the motives for obtaining it. For example, a residence permit issued for the motive of study may be converted into a residence permit for employment or self-employment. A residence permit issued for the motive of “employment” or “self-employment” or for “family reasons” may also be used for other activities permitted to the foreigner, without the need to convert or correct the document, for the period of its validity. In particular:

A residence permit issued for “employment” allows for “self-employment”, as well as for work as a member of a co-operative, and for attending training courses;

A residence permit issued for “self-employment” allows “employment” for the period of its validity when registered in the employment lists, attendance of “training” courses;

A residence permit for “family reunification” allows for “employment” and “self-employment”.

The residence permit for “study purposes” allows the student to perform any labour activity for 20 hours per week (also accumulated for 52 weeks with a maximum limit of 1,040 hours per year). For higher labour productivity, it is necessary to convert the “residence permit for study” into a “residence permit for work” (autonomous or subordinate).In case of conversion of the residence permit for study into a residence permit for “self-employment”, the foreigner must demonstrate:

sufficient resources to carry out the activity he/she intends to carry out in Italy;
possession of the requirements established by the Italian legislation for carrying out the chosen activity, including, if necessary, the requirements for registration with the registries;
having suitable accommodation (own or rented) and an annual income from legal sources exceeding the minimum level required by law for exemption from participation in health care costs (€8,500).

It should be clarified that if the foreigner who holds a residence permit for study has not obtained a degree in Italy (e.g. diploma, master’s degree, etc.), the request for conversion of the residence permit must fall within the quotas issued by the Ministry of the Interior.In case of conversion from a residence permit “for study” to a residence permit for “subordinate employment”, the foreigner must:

obtain a university degree in Italy;
have a valid residence permit for study.

The following documentation must also be submitted:

A residence permit for study or a receipt of its renewal;
diploma or degrees obtained in Italy;
a statement from the employer confirming the willingness to be employed, indicating the terms of the contract, the level, the task, the duration of the employment relationship and the weekly working hours applied;
photocopy of the employer’s valid identity document;
the last company tax return signed in the original, accompanied by the receipt of the deposit to the tax office;
the last balance deposited in the company’s CCIA, accompanied by receipt of the deposit to the Companies Registry;
registration of the company’s chamber not earlier than 6 months;
communication for VAT purposes is sent to the tax office before February of the current year;
telephone number and email address of the employer;
a certificate certifying the suitability of the dwelling or a certificate of sanitary suitability of the dwelling;
self-certification of housing affordability made by the homeowner;
a copy of the lease/loan/property agreement relating to the dwelling mentioned in the application.

However, on the issue of conversion, a recent directive of the Ministry of Interior confirmed that it is not possible to convert a residence permit issued for “religious reasons” into a residence permit for “employment” or “self-employment” reasons. In general, it is not that complicated, but nevertheless, people often make mistakes when submitting documents and filling them out, and this is already fraught with the risk of returning the package for redrafting.