Answers to frequently asked questions about obtaining a residence permit for special protection in Italy.
What does “permesso di soggiorno per protezione speciale” mean?
The “permesso di soggiorno per protezione speciale” is a type of permit that is issued to those who have not been granted refugee status or subsidiary protection but still need protection.
This permit is issued when there are reasons that prevent the foreigner from leaving the national territory. Special protection is granted when it is not possible to remove the foreigner from the national territory, due to certain presuppositions.
The “permesso di soggiorno per protezione speciale” can be requested by foreign citizens who have not obtained refugee status or subsidiary protection directly from the Police Headquarters, even outside the procedures provided for international protection.
How do you obtain the “permesso di soggiorno per protezione speciale”?
To obtain this permit, certain requirements set out in Article 19 of the Immigration Consolidation Act must be met.
In particular, the permit for special protection is issued when there are reasons to believe that the foreigner, in the event of expulsion, risks being subjected to torture or inhuman or degrading treatment or to systematic and serious violations of human rights.
This type of permit is also granted if expulsion would involve a violation of the right to respect for one’s private and family life. In this case, the administration must take into account the family ties of the interested party, their effective social integration in Italy, the duration of their stay in the national territory and the existence of family, cultural or social ties with the country of origin.
The “permesso di soggiorno per protezione speciale” can also be requested without having submitted an application for international protection.
Who issues the “permesso di soggiorno per protezione speciale”?
This type of permit can be issued directly by the Police Headquarters, subject to the opinion of the territorial commissions.
The permit for special protection can be obtained by the foreigner at the end of two different procedures.
The first coincides with that outlined in Article 32 paragraph 3 of Legislative Decree 25/2008, while the second is provided for in Article 19 of the Immigration Consolidation Act.
This residence permit is renewable and also allows one to work on Italian territory.
In conclusion, the “permesso di soggiorno per protezione speciale” is an important option for foreigners who need protection but do not meet the requirements to obtain refugee 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 Immigration Consolidation Act say?
Article 19 of the Immigration Consolidation Act (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 residence permit for work is issued to people who intend to carry out work activities 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 admission offer from an Italian school or university and the permit has a maximum duration of one year, renewable until the end 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, international adoption, assistance to sick family members, and family reunification.
Article 19 of the Immigration Consolidation Act also provides for criminal sanctions for those who commit crimes against foreign citizens and for those who employ irregular foreign workers. Furthermore, the text also establishes criteria for the issuance of entry visas and residence permits for humanitarian reasons.
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