🎧 Episode title: When a job promise isn’t enough: the Lazio Administrative Court clarifies the limits of the residence permit for job seeking

🎧 Episode title:
When a job promise isn’t enough: the Lazio Administrative Court clarifies the limits of the residence permit for job seeking

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I’m Attorney Fabio Loscerbo, and this is a new episode of the podcast “Diritto dell’Immigrazione” — Immigration Law.

Today, we’ll discuss a recent ruling by the Regional Administrative Court (TAR) of Lazio, decision number 19426 of 2025, which addresses a crucial issue for many foreign citizens: the residence permit for job seeking.

Many people, after losing their job or finishing a contract, wonder whether they can remain in Italy while waiting for a new employment opportunity.
The answer comes from this decision, which makes one point very clear: the residence permit for job seeking can be granted only to those who have actually worked and then lost their job, not to those who only had a promise of employment.

The case originated from an application for regularization under Article 103 of the “Decreto Rilancio” — the 2020 decree that allowed irregular employment relationships to be legalized.
In this particular case, the Prefecture of Rome found that the declared employment relationship had never actually started, and the Court confirmed that decision.

According to the judges, it is not enough to have paid contributions or to have a verbal agreement. Concrete evidence of employment is required — such as the mandatory communication to the Ministry of Labour, registration with INAIL, and the signing of a residence contract.
Only when these elements exist, and only if the employment relationship has actually ended, can the worker apply for a residence permit for job seeking.

The TAR also referred to two important precedents:
the Council of State decision number 6979 of 2021 and the TAR Lazio decision number 7458 of 2021, both of which affirmed the same principle.
The job-seeking permit, therefore, is not meant for those looking for a job, but rather as a safeguard for those who have lost a regular one.

This ruling reinforces a well-established line of Italian case law that aims to prevent abuses in regularization procedures and ensure compliance with the substantive requirements established by law.

In conclusion, the message from the TAR Lazio is clear:
to obtain a residence permit for job seeking, a promise or a commitment is not enough — there must be a real job, started and then ended.

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🎙️ I’m Attorney Fabio Loscerbo, and I invite you to follow the podcast “Diritto dell’Immigrazione” — Immigration Law — on Spreaker, Amazon Music, and Spotify.
For further insights, visit www.avvocatofabioloscerbo.it.