Cutro Decree
Cutro Decree: Conversion of a residence permit for study into a permit for work reasons. What has changed ?
The so-called Cutro Decree (Decreto Legge 20 Marzo N. 23 converted into Legge 5 Maggio 2023 N. 50) deleted the provision according to which the conversion of these permits was subject to the availability of quotas provided by the annual Decreto Flussi (flows decree).
These permits can now be converted at any time of the year and without numerical limits.
In general, conversion is only possible if the residence permit that needs to be converted is still valid and, therefore, has not expired.
The request can also be made before the conclusion of the study cycle, in the case of permits issued to attend university (bachelor, master or PhD courses) or in the case of foreigners already present in Italy when they reach the age of majority. Regarding study permits issued to attend training courses or to carry out training periods in Italy, the conversion is possible only after the training course or training period has been completed.
Subject to these requirements, conversion can now be requested at any time of the year, as waiting for the quotas set by the Decreto Flussi is no longer necessary.
What are the requirements for requesting the conversion to employment or self-employment permits?
Before requesting the conversion of a residence permit issued for study, training or traineeship reasons, it is necessary to verify that you meet the requirements of the law for conversion
The residence permit issued for study, training or traineeship reasons can be converted into either employment or self-employment permits.
Permits issued for study reasons are compatible, even before conversion, with the performance of a subordinate work activity for a time not exceeding 20 hours per week, even cumulative for fifty-two weeks, without exceeding the annual limit of 1,040 hours. In the event of a request for conversion, the working time provided in the residence contract proposal must exceed 20 hours per week.
In the case of a request for conversion from study to self-employment, it is necessary to require to the Sportello Unico the certification of possession of the requirements for self-employment. At the time of the convocation at the Sportello Unico, the foreigner must present a copy of the documentation relating to the activity that they are going to carry out and the financial resources required to carry it out (income above the minimum level stipulated by law for exemption from participation in health care costs, i.e. €8,500.00). If one converts a permit for study reasons to carry out a self-employed activity as an entrepreneur, trader or artisan, registration with the chamber of commerce is required. In any case, permits issued for study reasons are compatible, even before conversion, with the carrying out of a self-employed activity.
How do I apply?
The application for the conversion of a residence permit issued for study or professional training reasons into employed work must be submitted electronically by the holder of the permit (or by another accredited party such as a lawyer) through the Ministry of the Interior's website which directs to the Immigration Desk of the international student's province of residence.
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