A decision by the Regional Administrative Court (TAR) of Lazio on 24 December has delivered early Christmas relief to both employers and foreign workers caught in Italy’s quota-based immigration pipeline. The judges granted interim relief to a Moroccan national whose decreto-flussi work-visa application was refused by the Italian Consulate in Casablanca because the employer had confirmed the hire by certified e-mail (PEC) instead of using the foreign-ministry web portal that feeds consular systems.
In its ruling, the TAR criticised the consulate for two procedural violations. First, officers failed to apply the principle of “soccorso istruttorio”, which obliges an authority to invite an applicant to remedy minor documentary gaps before issuing a negative decision. Second, the court said Article 3 of Decree-Law 125/2024—used to justify blanket suspensions for applicants from countries deemed at high risk of labour exploitation—cannot override an otherwise valid nulla osta (work authorisation) unless the Labour Inspectorate has issued an explicit negative opinion.
Although the order is a precautionary suspension pending a full merits hearing, immigration lawyers believe it could unlock hundreds of stalled quota applications filed during the 2025 season. Employers that rushed to secure 2026-28 quota slots have complained that minor technical mis-steps—often involving the still-glitchy online portal—were being used to invalidate authorisations after months of processing.
![Italian Court Reinstates Moroccan Worker’s Visa After Consular Error]()
To minimise the risk of such procedural setbacks, both corporate employers and individual applicants can enlist the assistance of VisaHQ. Through its dedicated Italy portal (https://www.visahq.com/italy/) the company offers document pre-screening, step-by-step digital filing support and prompt liaison with consular posts, helping clients correct minor errors before they lead to costly refusals.
Employers that rushed to secure 2026-28 quota slots have complained that minor technical mis-steps—often involving the still-glitchy online portal—were being used to invalidate authorisations after months of processing.
For multinational HR teams the ruling offers two lessons. First, follow the ministry’s digital workflow to the letter; second, where consulates refuse on purely procedural grounds, judicial review is a viable remedy and can move quickly (the TAR issued its order in less than ten days). Companies sponsoring non-EU staff for January’s new quota window should build in time for potential appeals and monitor forthcoming jurisprudence, which could clarify the limits of the anti-exploitation screening rules.
At a policy level the case renews pressure on the foreign ministry to complete its long-promised end-to-end digital visa platform before the 2026 quota cycle begins. The government is also expected to issue secondary regulations clarifying when consular posts may suspend visas on risk-country grounds—a move industry groups say is essential to restore predictability to Italy’s labour-migration system.
In its ruling, the TAR criticised the consulate for two procedural violations. First, officers failed to apply the principle of “soccorso istruttorio”, which obliges an authority to invite an applicant to remedy minor documentary gaps before issuing a negative decision. Second, the court said Article 3 of Decree-Law 125/2024—used to justify blanket suspensions for applicants from countries deemed at high risk of labour exploitation—cannot override an otherwise valid nulla osta (work authorisation) unless the Labour Inspectorate has issued an explicit negative opinion.
Although the order is a precautionary suspension pending a full merits hearing, immigration lawyers believe it could unlock hundreds of stalled quota applications filed during the 2025 season. Employers that rushed to secure 2026-28 quota slots have complained that minor technical mis-steps—often involving the still-glitchy online portal—were being used to invalidate authorisations after months of processing.
To minimise the risk of such procedural setbacks, both corporate employers and individual applicants can enlist the assistance of VisaHQ. Through its dedicated Italy portal (https://www.visahq.com/italy/) the company offers document pre-screening, step-by-step digital filing support and prompt liaison with consular posts, helping clients correct minor errors before they lead to costly refusals.
Employers that rushed to secure 2026-28 quota slots have complained that minor technical mis-steps—often involving the still-glitchy online portal—were being used to invalidate authorisations after months of processing.
For multinational HR teams the ruling offers two lessons. First, follow the ministry’s digital workflow to the letter; second, where consulates refuse on purely procedural grounds, judicial review is a viable remedy and can move quickly (the TAR issued its order in less than ten days). Companies sponsoring non-EU staff for January’s new quota window should build in time for potential appeals and monitor forthcoming jurisprudence, which could clarify the limits of the anti-exploitation screening rules.
At a policy level the case renews pressure on the foreign ministry to complete its long-promised end-to-end digital visa platform before the 2026 quota cycle begins. The government is also expected to issue secondary regulations clarifying when consular posts may suspend visas on risk-country grounds—a move industry groups say is essential to restore predictability to Italy’s labour-migration system.
