Waiting for a Job? A New Italian Court Decision Says Not Always

Welcome to a new episode of the podcast Immigration Law. I am attorney Fabio Loscerbo. Today we are discussing a recent decision issued by the Regional Administrative Court of Brescia on June 3, 2026, concerning an important issue for foreign workers who enter Italy through the annual work quota system. The case involved a foreign national who entered Italy after a work authorization had been granted. Later, it was discovered that the company that had requested the worker had already ceased its business activity and had been removed from the official business register before the worker actually arrived in Italy. The worker then applied for a residence permit for job seeking, known in Italy as a permit for "waiting for employment." However, the Prefecture rejected the application. The Court agreed with the administration. According to the judges, a job-seeking residence permit cannot be used to fix an immigration procedure that was already defective from the beginning. The permit is available only in specific situations provided by law, particularly when there has already been a valid employment relationship or when other legal requirements are met. The Court also emphasized an important principle: even if the worker is not personally responsible for what happened, this does not automatically create a right to remain in Italy. What matters is whether the legal requirements for entry and residence were actually satisfied. This decision confirms a strict approach toward work-visa procedures and reminds both employers and foreign workers of the importance of ensuring that all legal requirements are met before entering Italy. Thank you for listening to this episode of Immigration Law. I am attorney Fabio Loscerbo, and I look forward to meeting you in the next episode.Questo episodio include contenuti generati dall’IA.