The most important change in 2026
The new European Pact on Migration and Asylum has applied since 12 June 2026. It is essential to distinguish between two situations:
| Date of application | Applicable rules |
| Before 12 June 2026 | The procedure and any related court proceedings continue under the previous rules |
| From 12 June 2026 | The new European framework and the Italian implementing rules apply |
Until 31 October 2026, during the transitional period, the expression of intention to seek protection, registration and formal lodging are handled by Police Headquarters (Questure) and the border police. These transitional rules are set out in Article 17 of Decree-Law No. 100/2026, converted into Law No. 145/2026.
1. What is international protection?
International protection safeguards people who cannot return to their country because they face persecution or serious harm.
Refugee status
It may be granted to a person who fears persecution because of race, religion, nationality, political opinion or membership of a particular social group, including certain situations connected with gender or sexual orientation.
Subsidiary protection
It may be granted when a person faces a risk of:
- the death penalty or execution;
- torture or inhuman or degrading treatment;
- a serious threat to life caused by indiscriminate violence during an armed conflict.
The current definitions are contained in Regulation (EU) 2024/1347. Poverty alone or the simple wish to find work, without a risk of persecution or serious harm, is normally not sufficient.
2. Who can apply?
Any national of a country outside the European Union, or a stateless person, may apply for protection if they fear persecution or serious harm if returned.
It is important to know that:
- an application can be made even without a passport;
- irregular entry or stay does not prevent a person from seeking protection;
- every adult must personally express their intention to apply;
- minor children present in Italy must be declared;
- the application is free and there is no need to pay intermediaries.
It is advisable to apply as soon as possible. A delay does not automatically remove the right to apply, but it may affect the procedure or reception conditions.
3. Where and how to apply
The intention to seek protection may be expressed:
- to the border police upon arrival;
- at the Police Headquarters (Questura), if the person is already in Italy;
- if the person is in prison or a Pre-removal Detention Centre (CPR), by immediately informing the authority present.
No special wording is required. It is enough to state clearly:
“I want to apply for international protection in Italy because I am afraid to return to my country.”
A person who does not speak Italian should ask for an interpreter. If there are difficulties accessing the procedure, it is useful to keep evidence of all attempts made and contact a legal assistance service.
4. Registration, formal lodging and documents
The procedure includes several stages:
- Expression of intention: the person states that they wish to seek protection.
- Registration: the authority records the essential information. Under the new system, this should normally take place within 5 days; in exceptional circumstances the period may be extended to 15 days.
- Formal lodging (formalizzazione): personal details, family composition, the journey and the reasons for applying are recorded. As a rule, this should take place within 21 days of registration. Different time limits apply in exceptional situations and border procedures.
These time limits derive from Regulation (EU) 2024/1348.
From 12 June 2026, a named document with a photograph and identification code is issued at registration. The applicant should:
- check the name, date of birth and listed family members;
- request the immediate correction of any errors;
- keep copies of documents, receipts and appointment notices;
- report every change of address or telephone number.
5. Identification and fingerprints
The authority verifies the applicant’s identity and collects photographs and biometric data. Since 12 June 2026, Eurodac also collects biometric data from children aged 6 and over, subject to specific safeguards. The official EU Eurodac information page explains the purposes of the system.
The applicant must cooperate with the identification process. If they do not understand the procedure, they should ask for an interpreter.
6. How to prepare the application
It is useful to submit anything that may help explain the applicant’s personal history:
- identity and family documents;
- police reports, judgments, medical certificates or summonses;
- photographs, messages, emails or recordings;
- evidence of threats, violence or discrimination;
- documents relating to political, religious or community activities;
- evidence of illness, disability, pregnancy or trauma;
- information about family members in other European countries.
Applicants should never use false documents or invent facts. If evidence is missing, they should explain why it could not be obtained. Before contacting the embassy of their country, they should seek legal advice if that contact could put them or their family at risk.
7. The applicant’s main rights
Right to remain in Italy
As a general rule, an applicant may remain in Italy until the Territorial Commission has made its decision and, in the cases provided by law, during first-instance court proceedings. Exceptions apply, particularly in border, accelerated, subsequent or inadmissibility procedures.
Information, interpretation and confidentiality
The applicant has the right to receive information in a language they understand, to be assisted by an interpreter, to be heard individually and to have the confidentiality of their account respected.
Reception conditions
Applicants without sufficient resources may request reception support. Depending on the facility, this may include accommodation, food, essential items, healthcare and social assistance, legal information and language mediation. The basic national rules are contained in Legislative Decree No. 142/2015.
Healthcare
The applicant may register with the Italian National Health Service through the local health authority (ASL) where they live, using the documents relating to the application. They may choose a general practitioner and a paediatrician for their children. General information is available on the Italian Ministry of Health website.
Education and municipal registration
Children have the right to education. An applicant who is lawfully present may also request registration in the municipal population register (iscrizione anagrafica) where they live, using their application documents and evidence of habitual residence.
Work
| Date of application | When employment is permitted |
| Before 12 June 2026 | Normally 60 days after the application was made, under the previous rules |
| From 12 June 2026 | 90 days after formal lodging of the application |
In both cases, the procedure must still be pending and the delay must not be attributable to the applicant. The change to 90 days is confirmed by the official Migrant Integration Portal.
Legal assistance
A lawyer is not required to make the application. Legal representation is necessary for a court appeal. Applicants without sufficient income may apply for State-funded legal aid (patrocinio a spese dello Stato) if they meet the legal requirements.
8. Main duties
The applicant must:
- cooperate with the authorities and provide truthful information;
- attend appointments and the personal interview;
- report every change of address, telephone number or email address;
- comply with Italian law and the rules of the reception centre;
- immediately inform the authority if they cannot attend an appointment;
- not leave Italy without first obtaining legal advice.
Failure to attend or remaining uncontactable may result in suspension, closure or a decision being made solely on the basis of the available documents.
9. Vulnerable people and children
Particular attention must be given to:
- children and unaccompanied children;
- people with disabilities, serious illnesses or mental health conditions;
- pregnant women and single parents with children;
- victims of trafficking, torture, rape or serious violence;
- people exposed to violence because of sexual orientation or gender identity.
Vulnerability should be reported as soon as possible, even if it becomes apparent after the application. It may require medical or psychological support, suitable accommodation and special arrangements for the interview.
An unaccompanied child has the right to a guardian, dedicated reception, education, healthcare and specific procedural safeguards.
10. Family members in Europe and the AMMR system
Since 12 June 2026, the AMMR system has replaced the former Dublin Regulation. Applicants cannot always freely choose which country will examine their application. Responsibility may depend on:
- family members in another European country;
- visas or residence permits issued by another country;
- previous applications or registrations;
- the method of entry and other links established by law.
Applicants should immediately disclose the presence of family members and submit evidence of the relationship. Travelling independently to another country may lead to a transfer procedure. The rules are contained in Regulation (EU) 2024/1351.
11. The interview with the Territorial Commission
The interview is the central stage of the procedure. Before the appointment, it is useful to:
- reconstruct events in chronological order;
- collect all available evidence;
- report health problems, memory difficulties or trauma;
- request an interpreter in the language and dialect best understood;
- where necessary and possible, request an interviewer and interpreter of the same sex.
During the interview, applicants should describe their own experience truthfully, explain any differences from earlier statements and immediately say if they do not understand a question or the interpreter.
The interview is individual and confidential. As a rule, it is recorded and a written record is prepared. The applicant should check it, report any errors and request a copy. If they cannot attend, they must immediately inform the Commission and provide evidence of the reason.
12. Ordinary, accelerated and border procedures
| Procedure | Indicative time limits from 12 June 2026 | Important point |
| Ordinary | Decision normally within 6 months of formal lodging, subject to permitted extensions | The appeal period is often 30 days |
| Accelerated | Examination normally within 3 months | In some cases the appeal period is 7 days |
| Border | Decision within 4 weeks; entire procedure within 12 weeks of registration | The appeal period may be 5 days |
The applicable procedure should be stated in the documents received. The time limits are very short, and the date of notification is decisive.
Coming from a country designated as safe may result in an accelerated procedure, but it does not automatically lead to rejection. The applicant must explain why that country is not safe in their individual circumstances.
In border procedures, the applicant may be required to remain in a designated place or, in the cases established by law, may be detained. No one may be detained solely because they have applied for asylum. The decision must give reasons and be reviewed by a judge.
13. Possible decisions
The Territorial Commission may:
- grant refugee status;
- grant subsidiary protection;
- forward the documents for special protection, in the cases provided by Italian law;
- declare the application inadmissible;
- reject the application;
- close the procedure following explicit or implicit withdrawal.
Special protection is a form of national protection and is different from international protection. The decision must be officially notified, and evidence of the delivery date should be retained.
14. What to do after a negative decision
The applicant must act immediately:
- record the date on which the decision was received;
- copy every page of the decision;
- contact an experienced lawyer on the same day;
- verify the exact appeal deadline;
- ask whether an urgent request to suspend enforcement is also required;
- assess eligibility for State-funded legal aid.
For applications made from 12 June 2026, the following appeal periods may apply:
- 30 days in the ordinary procedure;
- 7 days in certain accelerated procedures;
- 5 days in the border procedure.
The previous rules continue to apply to earlier applications. In every case, the deadline stated in the decision must be checked. An appeal does not always automatically suspend removal.
The appeal is lodged with the specialised section of the competent Court. There is no ordinary appeal to the Court of Appeal, but an appeal to the Court of Cassation may be possible.
15. After a positive decision
A person granted protection should:
- follow the instructions for obtaining a residence permit;
- update their healthcare and municipal registration;
- obtain information about work, training and reception support;
- check the requirements for family reunification;
- verify the required documents before travelling;
- avoid travelling to the country of origin without first consulting a qualified professional.
16. Essential checklist
After registration
- Check the information shown on all documents.
- Keep copies of receipts and appointment notices.
- Provide the correct address and telephone number.
- Request reception support if there are insufficient resources.
- Report vulnerabilities and family members in Europe.
Before the interview
- Reconstruct the account in chronological order.
- Collect all available evidence.
- Check the language, date, place and time.
- Report any medical or psychological needs.
After the decision
- Record the notification date.
- Keep a complete copy.
- After a rejection, contact a lawyer immediately.
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