🎙️ Podcast Title: “Work Residence Permit: When the Stay Contract Is Missing, the Police Headquarters Must Say No”

 🎙️ Podcast Title:

“Work Residence Permit: When the Stay Contract Is Missing, the Police Headquarters Must Say No”

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🎧 Podcast Script:

Welcome to a new episode of Immigration Law, with lawyer Fabio Loscerbo.

Today we discuss a ruling from the Regional Administrative Court of Lazio (TAR Lazio), decision no. 17768 of 2025, which deals with a recurring issue: the issuance of a residence permit for employment when the stay contract has not been signed.

The case involved a foreign citizen who applied to the Rome Police Headquarters (Questura di Roma) for a residence permit for subordinate employment or pending employment.
The administration rejected the application as inadmissible because the stay contract between the applicant and the employer had not been signed at the Single Immigration Desk (Sportello Unico per l’Immigrazione).

The applicant argued that the failure to sign the contract was not his fault, but the employer’s, who had dismissed him before the scheduled appointment.
However, the TAR found this argument irrelevant, explaining that the residence permit cannot be issued without the signed stay contract.

The Court clarified that this is a binding administrative act, meaning that the Police Headquarters has no discretion: without the contract signed at the Prefecture, the application is automatically inadmissible.

The judgment also emphasized that if the issue arises from the Prefecture’s or Immigration Desk’s inaction, the proper remedy is not to apply directly to the Police Headquarters, but to file a petition for administrative silence, as provided by Articles 31 and 117 of the Administrative Procedure Code.

In conclusion, the Court reaffirmed a clear principle: a residence permit for subordinate employment can only be issued after the stay contract is signed.
Without that step, the administration cannot proceed, and the Police Headquarters must reject the application.

I’m lawyer Fabio Loscerbo, and this is Immigration Law, the podcast that explains how legislation and case law shape integration and employment paths for foreign citizens.
See you in the next episode!

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