Episodio 3 – I am waiting for my residence permit: can I start working?
Welcome to a new episode of the Immigration Law Podcast. I am lawyer Fabio Loscerbo.
You have applied for the issue, renewal or conversion of your residence permit, but the new document has not yet arrived.
Can you work, or must you wait for the Immigration Office to make its decision?
This is an important question because the answer today is more favourable than many people believe.
Article 5, paragraph 9 bis, of Legislative Decree number 286 of 1998 establishes that, when the conditions required by law are met, a foreign citizen waiting for the issue, renewal or conversion of a residence permit may legally remain in Italy and temporarily carry out employment activities.
And there is an important detail: the law expressly includes applications for the conversion of a residence permit.
This means that, in the situations provided by law, you do not always have to wait until the new residence permit is physically in your hands before you can work.
But how can you prove your legal position?
The receipt issued after submitting your application is particularly important because it proves that the administrative procedure has been started.
Of course, the legal requirements relating to the application must be satisfied, and the type of residence permit requested must always be considered.
But the principle is important: delays by the Public Administration should not necessarily prevent a foreign citizen from working for months while waiting for the document.
This is especially relevant when appointments at the Immigration Office are scheduled many months later.
So, if an employer tells you that you cannot be hired simply because you have not yet physically received your new residence permit, your legal situation should be carefully checked.
The receipt is not merely proof that you are waiting for a document.
In the situations established by law, it may prove that you are already entitled to stay and work legally in Italy.
I am lawyer Fabio Loscerbo, and this is the Immigration Law Podcast.
See you in the next episode. https://www.youtube.com/watch?v=oxJrnTQhBho