In a decision published on December 24, 2025, the Regional Administrative Court (TAR) of Lazio granted interim relief to a Moroccan national whose work-visa application had been rejected by the Italian Consulate in Casablanca. The consulate had refused the visa because the sponsoring employer confirmed the hiring through a certified e-mail (PEC) to the Single Immigration Desk in Brescia rather than via the foreign-ministry portal that feeds directly into consular systems. Relying on article 3 of Decree-Law 125/2024, the consulate argued that the omission automatically suspended the nulla osta because Morocco is on the list of countries deemed at high risk of labour exploitation.
The TAR found two procedural flaws. First, the consulate failed to apply the "soccorso istruttorio" principle—that is, it did not invite the applicant to supply missing elements in a consular interview before issuing a refusal. Second, the court held that article 3 of DL 125/24 cannot justify a blanket visa denial when the Labour Inspectorate has not issued an explicit negative opinion on the nulla osta. In the absence of such an opinion, the underlying work authorisation remains valid.
![TAR Lazio suspends consular decree that denied Moroccan worker a visa]()
Professionals who want to sidestep similar procedural snags can turn to VisaHQ for end-to-end assistance. Through its Italy portal (https://www.visahq.com/italy/), VisaHQ walks employers and applicants through every step—from correctly uploading documents to the foreign-ministry system to preparing for consular interviews—helping to minimise the risk of rejections based on minor technical errors.
While the ruling is only a precautionary suspension pending the full merits hearing, it sends a clear signal that consulates must conduct an individualised assessment and respect due-process guarantees even for applications that fall under enhanced anti-exploitation screening. Legal practitioners say the order could help hundreds of decree-flussi applicants whose files have been stuck for months over similar technicalities.
For employers, the case underscores the importance of following the exact digital workflow required by Italy’s foreign-ministry portal; however, it also offers hope that genuine hiring needs will not be thwarted by minor procedural mis-steps. Multinationals sponsoring non-EU staff for 2026 quota places should monitor further jurisprudence as the new three-year Decreto Flussi cycle begins in January.
The TAR found two procedural flaws. First, the consulate failed to apply the "soccorso istruttorio" principle—that is, it did not invite the applicant to supply missing elements in a consular interview before issuing a refusal. Second, the court held that article 3 of DL 125/24 cannot justify a blanket visa denial when the Labour Inspectorate has not issued an explicit negative opinion on the nulla osta. In the absence of such an opinion, the underlying work authorisation remains valid.
Professionals who want to sidestep similar procedural snags can turn to VisaHQ for end-to-end assistance. Through its Italy portal (https://www.visahq.com/italy/), VisaHQ walks employers and applicants through every step—from correctly uploading documents to the foreign-ministry system to preparing for consular interviews—helping to minimise the risk of rejections based on minor technical errors.
While the ruling is only a precautionary suspension pending the full merits hearing, it sends a clear signal that consulates must conduct an individualised assessment and respect due-process guarantees even for applications that fall under enhanced anti-exploitation screening. Legal practitioners say the order could help hundreds of decree-flussi applicants whose files have been stuck for months over similar technicalities.
For employers, the case underscores the importance of following the exact digital workflow required by Italy’s foreign-ministry portal; however, it also offers hope that genuine hiring needs will not be thwarted by minor procedural mis-steps. Multinationals sponsoring non-EU staff for 2026 quota places should monitor further jurisprudence as the new three-year Decreto Flussi cycle begins in January.
