Seasonal Work and Residence Permits: When “Waiting for Employment” Is Not an Option

 Seasonal Work and Residence Permits: When “Waiting for Employment” Is Not an Option

With a judgment issued on 5 February 2026 (no. 217), the Regional Administrative Court of Emilia-Romagna has once again clarified a point that continues to generate confusion, unrealistic expectations and unnecessary litigation: a foreign national who enters Italy with a seasonal work visa does not have the right to obtain a residence permit for “waiting for employment”.

The case concerned a foreign worker who had lawfully entered Italy on the basis of a seasonal work authorisation. For procedural reasons, however, the employment relationship was never properly finalised in accordance with the legal requirements. As a result, the worker applied for a residence permit allowing him to remain in Italy while looking for another job.

The public administration rejected the request, and the Administrative Court fully confirmed the lawfulness of that decision.

At the heart of the ruling lies a principle that is often overlooked in practice: seasonal work is governed by a specific and autonomous legal framework, clearly distinct from ordinary subordinate employment. Italian immigration law does allow, in general terms, a foreign worker who loses his job to remain in the country for a limited period in order to seek new employment. That rule, however, does not apply to seasonal work.

This exclusion is neither accidental nor unreasonable. Seasonal employment is, by definition, temporary and linked to specific production cycles and economic sectors. For this reason, the legislature has deliberately excluded seasonal workers from the scope of the “waiting for employment” residence permit. When a seasonal employment relationship is not properly established or comes to an end, the entry visa and the work authorisation lose their legal effectiveness, and with them the very basis of lawful stay.

The judgment is also significant for another reason. The Court clearly stated that ministerial circulars and administrative guidelines, often relied upon to support more flexible interpretations, can never prevail over statutory provisions. Where the law is clear, there is no room for creative interpretations or administrative shortcuts. In the field of immigration, where entry and stay directly affect public interests and migration planning, legal certainty must prevail.

The message emerging from this decision is straightforward: seasonal work cannot be used as a backdoor to stabilise residence in Italy. Any possibility of remaining in the country must be grounded in explicit legal provisions, such as those governing the conversion of residence permits, and not in ex post solutions designed to remedy unsuccessful procedures.

This ruling fits within a now well-established line of case law and provides a clear reference point for lawyers, employers and foreign workers alike. Confusing seasonal work with ordinary employment only fuels expectations that the legal system is bound to disappoint, often with serious personal and legal consequences.

The full text of the judgment is available in the Calaméo publication at the following link:
https://www.calameo.com/books/008079775493de16d3a2d

Avv. Fabio Loscerbo