Special Protection Residence Permit: Who is Eligible and How to Apply

Answers to frequently asked questions about issuing a special protection permit in Italy

What does special protection residence permit mean?

Residence permit for special protection It is a type of permit that is issued to those who have not obtained the recognition of refugee status or subsidiary protection but it needs protection.

This permit is issued when there are reasons that prevent the alien from leaving the national territory. Special protection is granted when it is not possible to leave the alien from the national territory, due to certain conditions.

The residence permit for special protection can be requested by foreign citizens who have not obtained refugee or subsidiary protection status directly at the Police Headquarters, even outside the procedures provided for international protection.

How do you get a residence permit for special protection?

To obtain this permission, some conditions must be respected. requirements set out in Article 19 of the Consolidated Immigration Law.

In particular, the special protection permit is issued when there are reasons to believe that the foreigner, in the event of expulsion, you are at risk of being subjected to torture or inhuman or degrading treatment or of systematic and serious violations of human rights.

This type of permit is also granted if the expulsion involves a violation of the right to respect for one's private and family life. In this case, the administration must take into account of the interested party's family ties, of his effective social integration in Italy, of the duration of his stay in the national territory and of the existence of family ties, cultural or social with the country of origin.

Residence permit for special protection It can be requested even without having submitted an application for international protection.

Who issues the Residence Permit for Special Protection?

This type of permission can be issued directly by the Police Commissioner, following the opinion of the territorial commissions.

The permit for special protection can be obtained by the foreigner following two different procedures.

The first one coincides with the one outlined from art. 32 paragraph 3 of Legislative Decree 25/2008, while the second is provided for by Article 19 of the Consolidated Immigration Law.

This residence permit is renewable and also allows you to work in Italy.

Ultimately the residence permit for special protection It is an important option for foreigners who need protection but do not meet the requirements to obtain it refugee status or subsidiary protection status. 

Thanks to this type of permit, foreigners can live in Italy without fear of being expelled or removed from the national territory.

What does Article 19 of the Consolidated Immigration Act?

Article 19 of the Consolidated Law on Immigration (Legislative Decree no. 286/1998) regulates the conditions for the entry and stay of foreign citizens in Italian territory. In particular, the text deals with the regulation of residence permits for work, study or family reasons.

The work permit is issued to people who intend to work in Italy. It is necessary to have a job offer from an Italian employer and the permit has a maximum duration of two years, renewable up to a maximum of five years.

The residence permit for study is issued to students who intend to attend a course of study in Italy. Also in this case it is necessary to have an offer of admission from an Italian school or university and the permit has a maximum duration of one year, renewable until the conclusion of the course of study.

Finally, the residence permit for family reasons is issued to family members of foreign citizens residing in Italy. It is possible to obtain this type of permit for reasons of family union, for an international adoption, for reasons of assistance to sick family members and for reasons of family reunification.

Article 19 of Consolidated Law on Immigration It also provides for criminal sanctions for those who commit crimes against foreign citizens and for those who employ illegal foreign workers. In addition, the text also establishes the criteria for issuing entry visas and residence permits for humanitarian reasons.

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