Study residence permit and conversion: the TAR Bologna judgment no.14 of 2026 Good morning,I am lawyer Fabio Loscerbo.
This is a new episode of the podcast Immigration Law. In this episode we talk about the study residence permit and a recent judgment of the Regional Administrative Court of Emilia-Romagna,Bologna Division,which directly addresses the issue of the conversion of a study residence permit into a residence permit for subordinate employment. The reference is to judgment number 14 of 2026,issued in simplified form pursuant to Article 60 of the Code of Administrative Procedure,in proceeding number 1605 of 2025.
The decision was taken in the chamber council of 17 December 2025 and was published on 7 January 2026. The case concerns the rejection of an application for the conversion of a residence permit for study,internship and vocational training into a residence permit for subordinate employment.
The refusal was adopted by the Immigration Single Desk on the basis of an opinion of the Territorial Labour Inspectorate,which considered the employer income insufficient to sustain the employment relationship with the foreign national. According to the Administration,the indicated income was not adequate,but this assessment was based on an isolated economic figure,referring to a previous period,without any overall examination of the company situation and without an updated or prospective evaluation. The Regional Administrative Court of Bologna upheld the appeal and annulled the refusal decision,affirming a principle of particular importance:the conversion of a study residence permit cannot be rejected on the basis of automatic,generic or merely formal assessments. The Court clarified that the Administration is required to carry out an effective and complete investigation.The verification of the employer requirements cannot be limited to a simple numerical datum,but must take into account a plurality of elements,including financial capacity,economic and financial balance,turnover,number of employees and the type of activity carried out by the company. According to the Court,the Administration must carry out a current and also prospective assessment,especially when the applicant submits documentation capable of demonstrating growth in economic activity and a real need for personnel.The mere reference to an income considered insufficient,without indicating a clear legal basis and without a concrete investigation,constitutes an evident defect of reasoning. This judgment is particularly significant because it directly affects the issue of the study residence permit,which remains a temporary residence title,but which the legal system expressly links to the possibility of carrying out work activities and,under certain conditions,to conversion into a work residence permit. The Court recalls that the temporary nature of the study residence permit does not justify an unreasonable compression of the possibilities of conversion provided by law.When the study path is real,coherent and leads to a concrete job opportunity,the Administration must assess the case seriously,individually and in compliance with the rules governing administrative procedure. The message of TAR Bologna judgment number 14 of 2026 is clear:the study residence permit is not a weak title,over which the Administration may exercise an unlimited discretionary power.Even in the conversion phase,the principles of adequate investigation,effective reasoning and reasonableness of the decision apply. See you soon,with a new episode of Immigration Law.
Questo episodio include contenuti generati dall’IA.
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Jan 18 20262 min