Immigration into Italy and late renewal of the visa permit.

No deportation for late application for renewal of a residence permit, but only for lack of requirements

Judge Ruling: Cassazione Civile, Sezioni Unite, ordinanza del 10 settembre 2012, n. 15129

The appeal was upheld and, accordingly, it quashed the decision of the Justice of the Peace with dismissing the biased opposition. It is a well-established principle that the spontaneous submission of the application for renewal of a residence permit over a period of sixty days does not provide for automatic expulsion of foreigners,  for which the expulsion can be ordered only if the application has been rejected for lack of original or immediate requirements of the law for the foreigner’s stay in the national territory, while the delay in the presentation can constitute only a revealing clue in the context of an overall assessment faced by the person concerned. In the present case, it should also be made aware ​​of the application of a new and recent interpretative address that, except in cases where the language of foreigners is scarce and not easily recognizable throughout the country, the Interior Ministry shall prepare computerized texts of expulsion orders in foreign languages ​​most commonly spoken by foreign immigrants in such a way that, while guaranteeing the requirements of the rule of complex fast-track cases, ensures, however, genuine and immediate information to the foreigner to guarantee their rights.


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About the Author:

Michele Spadaro

Michele Spadaro is an immigration lawyer based in Italy. He has worked with companies and professionals relocating to Italy from more than 40 different countries. When he's not on duty, Michele travels the countryside with his wife and two huge dogs.

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19 Responses

  1. Dear Michele!
    We are Greek citizens and purchased real estate in Italy.
    We need to receive residence permit in Italy for us and our relatives who are non-EU citizens.
    Can you help?
    Best regards,

  2. I have been apply student visa for Italy, my visa application has refused,after refusal i have submit the appeal to italy Kindly confirm us what is the percentage of appeal approval.
    waiting for reply.

      1. Dear Stefano,

        I need a lawyer for my visa appeal.
        Can you help me?

        and what is your fee?

        Thank You.
        Awaiting your kind reply.


        1. Dear Azman, I have forwarded your message to my colleague, an immigration lawyer. All the best

        2. Dear Azman, I have forwarded your message to my colleague. I don’t deal with individual immigration. All the best

  3. Hi dear michele my brother recently recieved his residence permit for italy for two years in last month and he travelled to pakistan and is planning to go back to itlay in a few days but we’ve heard that italian govt. is cancelling the residence cards they have issued
    could you please tell me whats happening?

    1. Hi Adeel
      maybe your brother was absent from Italy too much time. You should verify that, then reply to me.
      All my best

  4. we (my wife and I)had comed to italy milano.we are looking for a lawyer
    who help us to get resident permit after we bought a house in italy.
    my cell phone:03914129084; and

  5. I have been refused a Schengen visa by the italian consulate in India – mumbai, I have been given a right to appeal for 60days from the 27/11/2014 , Can you please help me, My UK mobile number (Mon to fri = 10.00 – 22.00 IST ) IST = GMT + 05.30 hrs is +44-7418475560 , or my indian mobile number is +91-9764754229
    i have already mentioned my email address, I need Justice, as i feel the refusal of my visa is unjustified. please help. I had thought of a nice vacation now all my dreams are shattered.

  6. Hi,

    I applied for an Italian visa (AT THE GHANAIAN EMBASSY) to finalise stuffs with an Italian Company (Centro Italiano Firenze snc) contact person is Melissa. I was coming with a student who intended to study for one of the school’s under 18 course’s. Kindly let us know the procedure in this

  7. iam a British citizen my wife have Italian schengen visa. She’s Afghanistan national.

    I want become a resident in Italy. Once registered, I want to apply for Non EU individual’s Permit of Stay for family member of an EU Citizen Carta di Soggiorno per familiare di Cittadino Europeo for my wife.

    I need your help. Regarding the application and some other stuff and how much will be your fees.

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