Residence permit

Italy

Author

International protection permits (refugee status and subsidiary protection) are both granted for 5 years.1 Humanitarian protection permits are granted for 2 years.2

The application is submitted to the territorially competent Questura of the place where the person resides.

The main problem in the issuance of these permits is, often, the lack of a domicile (registered address) to provide to the police. Domicile has to be attached to the application submitted to the Questura, but some beneficiaries of international protection do not have a fixed address to provide.

Even if it is possible to have a registered address at organisations’ address – a legal and not real domicile – the organisations not always allow beneficiaries of protection to use their address.

The renewal of the residence permit for asylum is done by filling out the appropriate form and sending it through the post office. After the application for renewal has been submitted, people have to wait a long time up to several months to know the outcome of the request and to obtain the new permit.

According to the law, the residence permit for subsidiary protection can be renewed after verification that the conditions imposed in Article 14 of the Qualification Decree are still satisfied.3 The application is sent back to the administrative Territorial Commission that decided on the original asylum application and the Commission uses information provided by the police station, about any crimes committed during the person’s stay in Italy, to deal with the case. In practice, these permits are usually renewed and the main reason why renewal may not happen is the commission of serious crimes. For humanitarian protection beneficiaries, even the commission of ‘light’ crimes can affect the renewal of the permit.

Another frequent reason why these permits are not renewed is evidence that the refugee has had contacts with his or her embassy or has returned to the country of origin, even for a short period. Sometimes, on this basis, the non-renewal procedure has been initiated even for subsidiary protection beneficiaries but thanks to the legal defense the refusal has been cancelled.

  • 1. Article 23(1) and (2) Qualification Decree.
  • 2. Article 14(4) PD 21/2015.
  • 3. Article 23(2) Qualification Decree.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti