Conversion of residence permit

Are you in Italy and have a valid residence permit, but the type no longer meets your needs? You can convert it! Find out how to do it, but remember: you can convert your residence permit only in case there are entry quotas provided by the Flows Decree.

Where to apply

You can apply to convert your residence permit at the Single Desk for Immigration responsible for checking the availability of entry quotas.

In this article we look at the most common cases in detail.

Conversion of residence permit from study to self-employment

To obtain conversion of residence permit from study to self-employment:

• submits to the Single Desk for Immigration in your province of residence the Form Z properly completed;
• submits the request for certification attesting to the possession of the requirements for self-employment.

REMEMBER. The application must be accompanied by the documentation indicated in the same form and varying according to the type of self-employment for which certification is sought.

Also, if you have completed one of the following courses of study in Italy:

• Bachelor’s degree (180 undergraduate credits or CFUs);
• two-year master’s degree (120 CFUs);
• master’s degree (300 CFU);
• Postgraduate degree (minimum duration 2 years);
• Undergraduate Ph.D. (minimum duration 3 years);
• Level I undergraduate master’s degree, post bachelor’s degree (minimum duration 1 year);
• Undergraduate master’s degree, postgraduate or master’s degree (minimum duration 1 year);
• certificate or diploma of further education, postgraduate or master’s degree (duration 1 year),

you will be able to get your study permit converted into a self-employment permit outside the flow quotas by submitting, in addition to the above documentation, a copy of your diploma or certificate certifying that you have completed your degree or internship.

Conversion of residence permit from study to employment

If you work more hours than your residence permit allows, you can apply to convert it to a residence permit for employment purposes. Here are what documents to submit:

• form V2 for the application for verification of the existence of quotas for employment, on the dedicated website of the Ministry of the Interior;
• Copy of a valid identity document;
• Copy of the residence permit whose conversion you are requesting;

• Copy of employer’s ID;
• Copy of the contract of employment, signed by the employer only, and the proposed contract of residence for employment (type of contract, working hours, location of employment, etc.);
• certificate of housing eligibility and copy of the rental contract;
• 16.00 euro revenue stamp;
• Copy of the company’s income statement.

In both cases (self-employment or employment), the Single Immigration Desk verifies the existence of the requirements and, if positive, delivers both to the employer and the person concerned:

• A copy of the residence contract signed by both parties and stamped by the authority;
• the pre-filled residence form to be sent to the Police Headquarters via the postal kit for residence permit conversion.

Finally, the Police Headquarters, after all the necessary investigations, issues the residence permit for employment or self-employment.

Conversion of residence permit for seasonal work to employment

Submit your conversion application at the Single Desk for Immigration by filling out the VB form on the Ministry of the Interior’s dedicated website, attaching the following documentation:

• Two revenue stamps worth 16.00 euros each (to be affixed to the application and the clearance);
• Copy of valid seasonal work residence permit;
• Copy of the non-seasonal employment contract;
• Copy of employer’s ID;
• Copy of the applicant’s valid passport;
• Mandatory recruitment communication related to the first entry (Unilav recruitment form).

Next, the Single Desk for Immigration will schedule an appointment to sign the residence contract and issue the application form for a residence permit for employment to be sent to the Police Headquarters via the postal kit.

The Police Headquarters will then issue the residence permit for subordinate work after completing the necessary procedure for issuance.

The whole procedure is completed directly in Italy, without the need for you to return to your homeland to get a work visa[1].

Conversion of other type of residence permit to family residence permit

Who can apply for it?

According to the Ministry of Labor and Social Policy Circular No. 35 of Nov. 5, 2013, you can apply for the conversion of your residence permit to residence permit for family reunification:

• a foreigner, legally residing in Italy for at least one year, who has contracted marriage in Italy with an Italian citizen or with a citizen of another European Union member state or with a foreign citizen legally residing in Italy;

• The foreign family member legally residing in Italy, who meets the requirements for the family reunification with foreigner regularly residing in Italy;

• the foreign family member legally residing in Italy who meets the requirements for reunification with an Italian citizen or a citizen of a European Union member state residing in Italy or with a legally residing foreigner.

What documents to submit?

Documents to be submitted for conversion of other type of residence permit to family residence permit are:

• Application completed and signed by the person concerned (Form 1 of the Post Office Kit);
• Photocopy of all passport or equivalent document;
• Registry documentation proving family ties;
• Photocopy of the tax return of the foreign family member with whom cohesion is sought;
• Housing suitability certificate in accordance with Art. 29, paragraph 3, lett. a), Legislative Decree No. 286/98, as amended, related to the composition of the family unit.

What are the income parameters to be demonstrated?

It is necessary to be able to demonstrate possession:

• Of the annual amount of social allowance (for a family member);
• of twice the annual amount of social allowance (for 2 or 3 family members);
• of three times the annual amount of social allowance (for 4 or more family members).

Income can be proven by a copy of the tax return, or, in cases where the law does not stipulate the requirement of a tax return, by other documentation. The total annual income of family members living with the applicant shall also be taken into account when determining income.

REMEMBER.

1. One can apply for conversion within one year after the expiration date of the residence permit originally held by the family member, that is, within one year of the validity of the residence permit[2];
2. If the registry documentation comes from abroad, it must be translated and legalized according to the correct procedure.
3. If the biographical documentation is recorded in Italian civil status records, completing Form 1 is equivalent to self-certification;
4. If you are in possession of residence permit for medical treatment and you want to convert it into a residence permit for family reasons you will have to apply at the Police Headquarters;
5. If you apply for residence permit conversion (whatever type) not you have to pay the fee required for issuance.

Tacit conversion

A residence permit issued for employment, self-employment and family reasons can be used for the other permitted activities even without formal conversion[3].

Building on this, Article 14(1) of the Implementing Regulations (Presidential Decree 394/1999) of the Consolidated Immigration Act regulates some special cases in which one can speak of “tacit conversion.”

In these cases, the conversion takes place at the time of the 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 the specific request.

What are the assumptions in Article 14?

1. the residence permit issued for non-seasonal subordinate work allows the exercise of self-employment, subject to the acquisition of any required permit or authorization, and provided that the other requirements or conditions provided by current regulations for the exercise of self-employment, as well as the exercise of work as a working member of cooperatives, are met;
2. the residence permit issued for self-employment allows the exercise of employment, for the period of its validity, upon inclusion in the registry list or, if the employment relationship is ongoing, upon notification of the employer to the Provincial Directorate of Labor;
3. the residence permit for family reunification or for entry accompanying the worker, for humanitarian reasons or for minor integration, allows the exercise of employment and self-employment under the conditions of (a) and (b);
4. residence permit for employment, self-employment and family reasons can be converted into a residence permit for elective residence.

[1] Art. 29(3)(b) of Legislative Decree No. 286/98, as amended.

[2] Article 30 of the Consolidated Immigration Act.

[3] Article 6 of the Consolidated Immigration Act.