Residence Permit for Assistance to a Minor – Article 31

Article 31 of the Italian Immigration Act allows the Juvenile Court to authorise the entry into or continued stay in Italy of a family member of a foreign minor who is already present in the country.

The authorisation may be granted when the removal of the family member could cause serious harm to the child’s physical or psychological development.

This is a temporary and exceptional measure intended to protect the child. It is not an ordinary procedure for regularising the immigration status of a parent.

When can it be granted?

The Court considers each case individually, taking into account:

  1. the child’s age and health;
  2. the emotional relationship with the family member;
  3. the child’s need for care and assistance;
  4. school and social integration;
  5. the possible consequences of separation or removal from the child’s familiar environment.

The child does not necessarily need to have a serious medical condition. However, the applicant must show that the child could suffer specific, concrete and objectively serious harm.

The child’s young age, the normal distress caused by returning to another country or the possibility of better economic conditions in Italy are not automatically sufficient.

Who can apply?

The application is normally submitted by one or both parents. It may also concern another relative, such as a grandparent, when that person has a genuine and important role in caring for the child.

The family member may already be in Italy or may apply for authorisation to enter from abroad.

How is the application submitted?

An application must be filed with the Juvenile Court responsible for the area where the child lives.

The application may include:

  1. documents proving the family relationship;
  2. medical or psychological reports;
  3. school reports;
  4. reports from social services;
  5. any other evidence showing the possible harm to the child.

Medical evidence is not always compulsory, as the Court must consider the child’s overall circumstances.

Because every case requires an individual assessment, professional legal assistance is advisable.

Duration and right to work

If the application is approved, the Police Headquarters issues a residence permit for assistance to a minor for the period established by the Court.

The permit:

  1. allows the holder to work;
  2. may be renewed if the Court confirms that the serious reasons continue to exist;
  3. may be revoked when the child no longer needs the family member’s assistance;
  4. cannot be converted into a residence permit for work purposes.