In short. The article 31 residence permit is the “assistance to minors” permit under article 31(3) of the Italian Consolidated Immigration Act: the Questura (the local police immigration office) issues it to a relative of a child who is in Italy, usually a parent, once the Juvenile Court (Tribunale per i minorenni) has authorised their stay for serious reasons linked to the child’s psychological and physical development. It lasts for the period the judge sets and is revoked if the reasons end. The court decides case by case: the outcome is not guaranteed.
Here you will find when the court can authorise a relative’s stay, how to apply, what happens at the Questura, how long the permit lasts and what it allows.
Reviewed 28 October 2026. This is a general guide to the rules, not an assessment of your case: every procedure depends on the facts, the evidence and the decisions of the competent authorities, and courts and Questure follow different practices.
What is the article 31 residence permit and who decides?
Article 31 of the Consolidated Immigration Act (Legislative Decree 286/1998, the “TU”) gathers the rules in favour of minors. People who speak of the “article 31 permit” usually mean paragraph 3: the Juvenile Court may authorise a relative of a child who is in Italy to enter or stay for a fixed period, for serious reasons connected with the child’s psychological and physical development, taking account of the child’s age and health, even where this departs from other provisions of the TU.
There are two steps. The court decides by decree (a written order) and sends it to the questore, that is the Questura, the police office that issues residence permits. The Questura then issues the permit: the Immigration Portal of the Ministry of the Interior lists “Assistenza minori art. 31 T.U.I.” among the requests to be made at the Questura (index updated 4 November 2024). For other permits see the types of residence permit in Italy.
How does it differ from paragraph 1 of article 31?
Paragraph 1 concerns a child living with a lawfully resident foreign parent: the child follows the parent’s legal status. Paragraph 2 was repealed in 2016. For fostered children the Portal has a separate page on the foster-care permit (affidamento).
| Point | Paragraph 1 | Paragraph 3 (article 31 permit) |
|---|---|---|
| Who it is for | A child living with a lawfully resident parent | A relative of the child, usually a parent |
| Who decides | No court authorisation: the child follows the parent’s status | The Juvenile Court, then the Questura |
| Length of permit | Until the age of 18 (or an EU long-term permit) | The period set by the court |
When can the court authorise a relative to stay?
The law does not list cases: it speaks of serious reasons connected with the child’s psychological and physical development. The Joint Sections (Sezioni Unite) of the Court of Cassation (judgment no. 15750/2019, recalling no. 21799/2010) explain that an emergency is not required: what counts is the concrete, objectively serious harm that the child, because of age or health, would suffer if the relative had to leave or if the child were uprooted from the place where he or she grew up.
Decisions cited by the Joint Sections have looked at, for example, roots in Italy and length of stay, efforts to integrate, difficulty adapting to life in another country, the distress of separation and very young age. It therefore helps to document the child’s situation concretely, for instance with medical certificates (the Brescia court lists them among the attachments).
- Who can benefit: the text says “relative”; the court pages we read speak of parents, and Cagliari says the public prosecutor for minors can also bring the application. The child must be in Italy.
- Even without the ordinary requirements: the provision can depart from the other rules of the TU, so the judge may consider someone who would not otherwise have a right to stay. According to Trieste it is a route independent of the ordinary permit and of family reunification.
- Criminal convictions: according to the Joint Sections, a conviction for an offence that normally bars entry or stay does not lead to automatic refusal. The judge assesses whether the person is a real and present threat to public order and weighs this against the child’s interest, which is a priority but not absolute.
How do you apply to the Juvenile Court?
The procedure is not identical everywhere. This is what the pages of the Trieste, Cagliari and Brescia courts say: check the court that is competent for you.
- Which court: the one for the place where the child lives (Trieste).
- Who applies: the relative, in person and without a lawyer if they wish (Trieste); Brescia also accepts a lawyer acting under power of attorney.
- How: a written application in Italian, sent by registered post or filed at the registry; several courts publish a form.
- Costs: no unified contribution (contributo unificato); Trieste and Cagliari state €27 in registry fees (online payment by pagoPA at Trieste, a revenue stamp at Cagliari), Brescia a revenue stamp.
- Documents: we found no national list. Brescia asks for a copy of any residence permit, proof of kinship, any medical certificates on the child, a self-declaration of address and a criminal record and pending-charges certificate. If your documents are foreign, ask the registry whether translation and legalisation are needed.
- Timing: it cannot be predicted, because it depends on how complex the investigation is (Trieste).
The court decides by a decree granting or refusing the application and sends it also to the diplomatic or consular representation and to the questore.
What happens if the court refuses?
According to the Trieste court, a refusal can be challenged before the Court of Appeal. In the case decided by the Joint Sections in 2019 the route was a complaint to the Court of Appeal (minors’ section) and then an appeal to the Court of Cassation. The pages we read give no time limit: ask the registry or a lawyer straight away which limit applies to your decree.
What should you do at the Questura after the decree?
The permit is requested at the Questura, not through the postal kit. The Portal index does not link to a detail page for this permit, and each Questura has its own practices and booking system: ask the Immigration Office which documents to bring, besides the decree and your identity document.
- General amounts: the Portal’s cost table (22 July 2024) shows a €16 revenue stamp, €30.46 for the electronic permit and a contribution of €40 (more than three months up to a year) or €50 (more than a year up to two). It does not say whether they apply to this permit; it shows the contribution as not provided for, for example, for minors and for updates, conversions and duplicates. Ask the Questura which amounts apply to you.
- Legal time limit: in general the Questura has 90 days to issue a permit when the requirements and conditions set by the TU and its implementing regulation are met (article 5(9) TU, as amended by Legislative Decree 83/2026, which applies from 22 May 2026). Older information pages may still say 60 days; actual times vary.
- Eight working days: the term in article 5(2) TU concerns people entering Italy. For the permit after the decree we found no specific term: do not wait.
How long does the permit last, can it be renewed and when is it lost?
It lasts for the period set by the court. A paper given at a Turin conference (June 2025) and published by the administrative justice authority describes it as renewable. The law does not say how: since the authorisation is time-limited, speak to the court and the Questura early. The general rule is to apply for renewal at least 90 days before expiry (article 5(4) TU, after Legislative Decree 83/2026): see the guide to renewing a residence permit.
The authorisation is revoked when the serious reasons end, or because of activities of the relative that are incompatible with the child’s needs or with staying in Italy. The Court of Cassation (no. 4197/2018, recalled by the Joint Sections) notes that the authorisation is temporary, but the child’s distress may not be.
Article 31(3) does not say what happens when the child turns 18. Article 32 TU covers a different situation: someone who comes of age after being covered by paragraph 1 or after foster care may obtain a permit for study, work or health or care needs. If the child is about to turn 18, talk to a professional early.
What does the article 31 permit allow?
- Work: according to the Trieste court and the Turin paper it allows work. Article 31 does not say so: ask the Questura to confirm.
- Conversion: article 6(1-bis)(h) TU lists the permit for assistance to minors among those that can be converted into a work permit “where the requirements are met”. The Trieste court says instead that it cannot be converted: check your case. See permits convertible to work.
- Wording on the card: the TU requires the wording “perm. unico lavoro” on permits that authorise work and, from 22 May 2026 (Legislative Decree 83/2026), lists this permit among those to which it does not apply (article 5(8.2)(g-ter)). This concerns the label; it does not by itself say whether you may work.
- Limits: it is temporary, tied to the reasons stated and revocable.
How does it differ from family reunification, special protection and medical treatment?
- Family reunification: the ordinary route, with a visa and its own requirements; article 31 is independent. See family reunification and accompanying family members.
- Special protection: rests on the bans on removal in article 19 TU and goes through other authorities: see the special protection permit.
- Medical treatment: the implementing regulation (Presidential Decree 394/1999, article 11(1)(c-quinquies)) provides a medical-treatment permit for the parent of a child in the situation of article 31(3): see the medical treatment guide.
Frequently asked questions
Does the article 31 residence permit allow you to work?
The sources we read say yes: a page of the Trieste Juvenile Court and a 2025 paper published by the administrative justice authority both say it allows work. Article 31 itself does not say so expressly, so ask the Questura to confirm before you sign an employment contract.
Do I need a lawyer to apply to the court?
Not always. The Juvenile Courts of Trieste and Brescia say the application can be filed in person. A lawyer can still help to document the serious reasons and to challenge a refusal before the Court of Appeal. Practice differs from court to court, so ask the registry.
How long does the article 31 residence permit last?
It lasts as long as the court’s authorisation, which is granted for a fixed period and revoked if the serious reasons end or if the relative acts in a way that is incompatible with the child’s needs. The law sets no single duration: the judge decides case by case.
Can you get it without a valid residence permit?
The provision lets the court authorise entry or stay even where this departs from other rules of the TU, so a judge may consider someone who would not otherwise have a right to stay. It is not automatic: the serious reasons for the child and any risk to public order matter.
Can the permit be converted into a work permit?
Article 6(1-bis)(h) TU lists the permit for assistance to minors among those convertible into a work permit, where the requirements are met. A page of the Trieste court says instead that it cannot be converted: check the current text and your own case with the Questura or the firm’s lawyers.
Official sources
- Permesso di soggiorno per assistenza minori – Tribunale per i minorenni di Trieste (Italian text)
- Nulla osta straordinario per motivi di salute del minore, art. 31 – Tribunale per i minorenni di Cagliari (Italian text)
- Richiesta di autorizzazione per i genitori di minori stranieri (art. 31) – Tribunale per i minorenni di Brescia (Italian text)
- D.Lgs. 286/1998, artt. 28-34 (text in force on 11 April 2023) – Tribunale per i minorenni di Trieste (Italian text)
- Sezioni Unite civili, judgment no. 15750 of 12 June 2019 – Corte di cassazione (Italian text)
- Per cittadini extracomunitari: requests at the Questure and the post office – Portale Immigrazione, Ministry of the Interior (Italian text)
- Consolidated Immigration Act, copy of 12 December 2025 – Ministry of Foreign Affairs (Italian text)
- Legislative Decree 83/2026, Gazzetta Ufficiale no. 115 of 20 May 2026 – Gazzetta Ufficiale (Italian text)
The sources were consulted on 28 October 2026. The court pages are undated, the Immigration Portal pages predate Legislative Decree 83/2026 and the text of article 31 we read is from April 2023: always check the latest instructions of the competent office.
How can SH Immigration Specialists help?
In a procedure like this, administrative help can mean organising the documents on the child’s situation, identifying the competent court and Questura and following the steps after the decree. Legal advice, appeals and representation are handled by the lawyers of the SH Immigration Specialists law firm. The outcome depends on the competent authorities. For an assessment, contact us.
This content provides general information and does not constitute legal advice.
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