Residence permit for minors (permesso di soggiorno per i minori)

The permesso di soggiorno per i minori (residence permit for minors) is the document that allows foreign children to live legally in Italy. It is issued to minors who are not citizens of Italy or of the European Union, and it can vary depending on the child’s particular situation.

For example

1. Minors born in Italy to foreign parents: if a child is born in Italy to foreign parents who are legally resident, the child can be entered on the residence permit of one of the parents.
2. Minors who come to Italy: if a minor comes to Italy to join their parents, they can obtain a residence permit for family reasons (Permesso di soggiorno per motivi familiari), provided the parents hold a valid permit.
3. Residence permit for the care of minors (Permesso per Assistenza Minori), which we will look at in more detail today.

Permesso per Assistenza Minori (residence permit for the care of minors) Article 31 of the Consolidated Immigration Act (Testo unico sull’immigrazione)
(D.lgs. 25 luglio 1998, n. 286)

Who is entitled to this permit?
The Permesso per Assistenza Minore is granted to the parents or family members of a child or teenager (under 18) living in Italy, in cases where separation from the adult could harm the child’s well-being. The permit may be granted to one or both parents, or to another family member, regardless of the degree of kinship, when neither parent is in Italy.
This type of permit is granted for a set period, on the basis of an authorisation from the juvenile court (Tribunale per i Minorenni). It allows the parents or carers to obtain a residence permit that entitles them to work and that, if needed, can be converted into a work permit.

How do you obtain this permit?
Obtaining the Permesso per Assistenza Minori is a two-step process:

1. Obtaining the authorisation of the juvenile court (Tribunale per i Minorenni).
2. Booking an appointment at the Questura (police immigration office) to have the permit issued.

Step one: the juvenile court’s authorisation
To apply, you need to go to the Cancelleria Civile (civil registry) of the Tribunale per i Minorenni and fill in the application form, to which a 27-euro revenue stamp (marca da bollo) must be attached. Your lawyer can do this for you, since most Italian courts now accept applications only through a lawyer.
Copies of documents are attached to the application, including:

• The child’s birth certificate showing the parents.
• A valid identity document for you and for your child.
• Medical certificates (if any).
• Vaccination certificates.
• Proof of school attendance.
• If the minor lives with one of the parents, a long-term residence permit in Italy is required.
• A rental contract or a declaration of hospitality (ospitalità).

What does the court assess?
The court assesses whether separation from the parents or the child’s return to the country of origin could harm the child’s well-being.
The procedure usually includes:

• Interviews with the parents and the children.
• A home check by the social services.
• A report from the social services.
• A check for any complaints filed against the parents.

The court considers whether you are taking good care of the child (for example, whether they go to school, have a paediatrician and take part in activities that help them integrate in Italy), and it also takes into account the child’s health and age.

Step two: the appointment at the Questura
Once you have the court’s authorisation, you need to book an appointment at the Questura to have the document issued. On the day of the appointment, bring:

• A valid identity document.
• A 16-euro marca da bollo.
• 4 photographs.
• The receipt of the postal payment of 80.46 euros (for 2 years) or 70.46 euros (for 1 year).
• A declaration of presence (dichiarazione di presenza), if you do not have a residence permit.
• The court decision authorising your stay.
• The declaration of hospitality and a copy of your host’s identity document.

For minor children you will also need

• 4 photographs.
• A copy of the valid passport and the original.
• The receipt of the postal payment of 30.46 euros.
• A birth certificate showing the parents (if the child was born abroad, the document must be apostilled in Ukraine, translated and legalised by the Italian Embassy).

If the court’s authorisation has expired, you need to submit a new application to the juvenile court.

Switching to another type of permesso (Conversione)
Thanks to the new immigration decree of 2020, the residence permit for the care of minors can be converted, before it expires, into a residence permit for work. After 5 years of uninterrupted residence, you can apply for a long-term residence permit.

What rights does this permit give?

• The right to work in Italy.
• Registration of your residence (residenza) and issue of a carta d’identità (identity card).
• Access to the Italian National Health Service (SSN).
• The right to study in state schools.
• Access to the Italian welfare system.