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29 May 2024

Italy: Clarifications on the conversion of humanitarian permits to work permits

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Following several court rulings that confirmed the possibility of converting pending humanitarian permits (related to the protection of private and family life) into work permits, the government issued some useful guidelines for both migrants and administrations.

The issue is particularly relevant as it follows an immigration reform in 2023 which reduced the chances for migrants holding a humanitarian permit to 'stabilise' their labour and social situation in Italy. The new law under this reform stipulated that all humanitarian permits could not be converted into (more stable) work permits, but did not specify whether this applied to those who had applied for such permits prior to 2023.

A new administrative act, published on 29 May 2024, has since clarified that humanitarian permits can be converted if they were issued before March 2023. Such clarifications are particularly important to migrants who are still in a legal 'limbo', as well as ro their employers, to ensure that they can continue to work legally with a work permit.

These clarifications are not yet fully in-line with various rulings of administrative courts across Italy, which have recognised the possibility of applying for conversion not only for those who already hold a humanitarian permit, but also for those who have been recognised as entitled to humanitarian protection after March 2023 (on the basis of an application made before that date). 

Circular 2024 Ministry Interior Italy
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(3.84 MB - PDF)
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Italy
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Posted by
Ferruccio Pastore
Country Coordinator

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