The conversion of a residence permit for seasonal work into a non-seasonal subordinate employment permit is the main goal for many foreign nationals who arrive in Italy through the decreto flussi (flow decree). However, the procedure is often quite lengthy, and during the wait, the residence permit may expire. Is it still possible to work while waiting for the signing of the new residence contract? A recent circular from the Ministry of Labour has finally provided an answer to this question. Let’s take a closer look.
Indice
- When can you request the conversion of a seasonal work permit?
- How do you request the conversion of a seasonal work permit?
- How does the conversion of a seasonal work permit take place?
- How long does the seasonal work permit conversion process take?
- Is it possible to work during the seasonal permit conversion process?
- Why should you consult an immigration lawyer?
1. When can you request the conversion of a seasonal work permit?
The conversion of a seasonal work permit into a non-seasonal subordinate employment permit can be requested by a foreign national who has worked regularly in Italy for at least three months and has received a job offer under either a fixed-term or permanent contract. Decree Law no. 145/2025 has categorized this conversion under “out-of-quota” applications, meaning it is no longer necessary to wait for the annual click day set by the decreto flussi.
Case law (e.g., Italian Council of State, Section III, June 7, 2023, no. 5604; Regional Administrative Court of Apulia, Order no. 83 of February 27, 2025) and the Ministry of Labour have clarified that the conversion application can still be submitted if the seasonal work permit has expired, as long as it hasn’t been expired for more than 60 days.
2. How do you request the conversion of a seasonal work permit?
The application must be submitted through the official Ministry portal, using form VB. This form can still be used even if it hasn’t been updated to reflect the latest legislative changes (as indicated by the Ministry of Labour on the Integrazione Migranti portal).
3. How does the conversion of a seasonal work permit take place?
Once the application is submitted through the Ministry portal, the local Prefecture will review the documents and issue a nulla osta (authorization). Once this is obtained, the applicant must book an appointment at the Sportello Unico per l’Immigrazione (Unified Immigration Desk) to sign the new residence contract.
At the end of the process, the immigration desk will give the worker a postal kit to be submitted at a post office. Italian Post (Poste Italiane) will issue a receipt confirming the submission and will automatically schedule an appointment for fingerprinting at the Immigration Office of the local police headquarters (Questura). After collecting the fingerprints, the police will complete the process and issue the new residence permit.
4. How long does the seasonal work permit conversion process take?
There is no clear deadline for the issuance of the nulla osta for conversion. By analogy with Article 22, paragraph 5 of the Consolidated Immigration Act, it can be assumed that it should be issued within 60 days.
Once the nulla osta is granted, the appointment at the Prefecture must be scheduled within 8 days. After mailing the postal kit, the police headquarters should issue the residence permit within 60 days, although this timeframe is frequently exceeded in practice.
Nevertheless, the Council of State ruling no. 3578/2022 clearly established that any immigration-related procedure must be completed within a maximum of 180 days.
5. Is it possible to work during the seasonal permit conversion process?
Yes. Ministry of Labour Circular no. 10 of May 5, 2025 clarified that foreign workers are allowed to work while waiting for the seasonal work permit conversion process to be completed.
For subordinate employment, this is permitted as long as the Unilav form is submitted electronically. For domestic work, the employment relationship must be reported to INPS.
6. Why should you consult an immigration lawyer?
An experienced immigration lawyer can provide both legal and practical support in many aspects of life in Italy for foreign nationals — including assistance with the correct submission of conversion applications from seasonal work permits to non-seasonal subordinate employment permits.
Integra – immigrazione, lavoro e diritti offers a wide range of services and has offices in Bologna (Via Cesare Battisti 33) and Pesaro (Viale della Vittoria 161).
