In short. Italy can remove a non-EU national through an expulsion order from the prefect, the Minister of the Interior or a criminal court, or through a refusal of entry at the border. A prefect’s order is challenged before the justice of the peace within 20 days of notification (40 if you live abroad) and is normally enforceable at once. A re-entry ban usually lasts three to five years, and coming back usually needs a visa.
This guide covers the types of expulsion, voluntary departure, the re-entry ban, legal limits, appeals and the way back to Italy.
Reviewed 4 November 2026. These are general rules, not personalised advice: your case may have shorter deadlines or different rules (for example with the EU long-term permit), so check the notification date on your order straight away. The guide covers non-EU nationals.
What types of expulsion and removal exist in Italy?
The main source is the Consolidated Immigration Act (Legislative Decree 286/1998), which provides for four main measures.
| Measure | Who decides | How it is challenged |
|---|---|---|
| Prefect’s expulsion art. 13(2) |
The prefect; the questore carries it out | Opposition before the justice of the peace |
| Minister’s expulsion art. 13(1) |
The Minister of the Interior, on public order or State security grounds | Appeal to the administrative court (TAR) |
| Judicial expulsion arts. 15 and 16 |
A criminal court, as a security measure or instead of a prison sentence | Within the criminal proceedings, through a lawyer |
| Refusal of entry art. 10 |
Border police at the crossing; the questore if you are stopped just after an irregular entry | Ask for a copy of the decision and legal advice |
If you do not leave in time, or there is a risk of absconding, the questore can escort you to the border (art. 13(4)) or, if that cannot be done at once, hold you in a repatriation centre (CPR) or apply alternative measures (art. 14). The questore must ask a justice of the peace to validate the measure within 48 hours, and the judge rules within the next 48 hours (art. 13(5-bis) and art. 14 of the Consolidated Act).
When can a prefect order your expulsion, and who is protected?
A prefect can expel you, among other cases, if you entered while evading border controls, did not apply for a residence permit within 8 working days of arrival (unless force majeure), had your permit refused, revoked or annulled, or let it expire more than 60 days ago without asking for renewal, as the Foreign Ministry’s notice on long-stay visas explains. If your renewal is late, read our guide on an expired residence permit.
The order must give reasons, be translated into a language you understand (or French, English or Spanish if that is impossible) and is enforceable at once even if you challenge it (art. 13(3) and (7)). In expulsions under art. 13(2)(a) and (b), the prefect must weigh the family ties of anyone who used family reunification or is a reunited family member (art. 13(2-bis)); in 2026 the Court of Cassation applied the rule also to people with family ties in Italy who never applied for reunification.
Article 19 bars removal to a country where you risk persecution, for example because of sex, sexual orientation, gender identity, religion or political opinions, or torture and inhuman or degrading treatment. Outside the Minister’s cases, the following cannot be expelled:
- anyone under 18 (who may follow an expelled parent or guardian);
- holders of the EU long-term residence permit, who have special rules;
- people living with an Italian spouse or an Italian relative up to the second degree;
- women who are pregnant or within six months of the birth;
- people in particularly serious health conditions, within the limits of letter d-bis as reformed in 2023.
Since 2023 article 19 no longer names private and family life as a stand-alone bar, but the Court of Cassation still treats ties built in Italy as relevant. If you fear going back, say so at once and read our guides on special protection and international protection.
What is voluntary departure, and what happens if you do not leave?
An order can give you time to leave Italy by yourself, normally between 7 and 30 days (art. 13(5); art. 7 of Directive 2008/115/EC). It is granted on request. The questore may require you to hand in your passport, stay at a set address or report to the police (para. 5.2).
If the deadline passes or there is a risk of absconding, removal is carried out with an escort (para. 4). The risk exists, for example, if you have no valid passport, cannot show where you live, gave false details or ignored earlier orders (para. 4-bis, widened by Decree-Law 100/2026). CPR detention lasts three months, extendable by another three and then, in particular cases, up to 18 months in all.
How long does a re-entry ban last, and what does it affect?
Expulsion carries a ban on coming back to Italy without special authorisation from the Minister of the Interior (art. 13(13)). The length depends on the measure.
| Case | Length of ban | Note |
|---|---|---|
| Prefect’s expulsion art. 13(14) |
Usually 3 to 5 years | Can exceed 5 years if the expulsion is for public order or security |
| Refusal of entry by the questore art. 10 |
3 to 5 years | May be entered in the SIS |
| Court expulsion replacing a sentence of up to 2 years art. 16(1) and (1-bis) |
At least 5 years | Ordered by the criminal court |
| Court expulsion as an alternative to detention art. 16(5) and (8) |
10 years | Decided by the supervisory judge; length as stated by the Court of Cassation (2025) |
Coming back in breach of the ban is a criminal offence: one to four years’ imprisonment and immediate removal again (art. 13(13)). The ban can be recorded in the Schengen Information System (SIS, Regulation (EU) 2018/1861, art. 24), and while the alert is active a Schengen visa must be refused (Visa Code, art. 32). You can ask for access, correction or deletion of your data (art. 53). Do not confuse the ban with the re-entry visa, which is a different tool.
How do you appeal an expulsion order?
A prefect’s order is challenged before the justice of the peace in the place where the issuing authority sits (art. 13(8); art. 18 of Legislative Decree 150/2011). The deadline is 20 days from notification, or 40 days if you live abroad, and a late appeal is inadmissible. Before 5 December 2023 the periods were 30 and 60 days; Law 176/2023, which converted Decree-Law 133/2023 (art. 1(4-ter)), shortened them. Some court web pages still show the old figures.
- Filing. In person at the court registry, by post or through an Italian consulate abroad; a lawyer files online.
- Lawyer and costs. A defence lawyer is needed at the hearing. The proceedings are exempt from taxes and, without a lawyer of your choice, the court assigns one (Milan Tribunal). Since 2026, State-funded legal aid is no longer granted regardless of income for appeals against expulsion (art. 29(3) of Decree-Law 23/2026): ask a lawyer at once whether you can obtain it.
- Effect. The appeal does not automatically stop the order, but an escort to the border needs the judge’s validation. The judgment can only be appealed to the Court of Cassation.
The Minister’s expulsion goes to the administrative court: an appeal to the TAR, with a lawyer, normally within 60 days (art. 29 of the Code of Administrative Procedure). Against validation of CPR detention there is an appeal to the Court of Cassation within 10 days (art. 14.1, from 12 June 2026), which as a rule does not suspend enforcement.
How can you return to Italy after an expulsion?
Embassies that publish the procedure, such as Pristina and Tirana (Italian text), describe three routes.
- The ban has run out. Ask for the special authorisation to re-enter (art. 13(13)); the Ministry of the Interior decides. You must prove your departure date and your absence from the Schengen area.
- Voluntary return. If you left voluntarily, you can ask the competent prefecture to lift the ban.
- Family reunification. According to the Tirana embassy, this starts in Italy with the one-stop-shop nulla osta (art. 29) and does not need the article 13(13) request: see our guide on family reunification.
The request goes through the consulate, which forwards it and tells you the outcome; you sign in person, and you will usually need your passport, a copy of the order and an apostilled birth certificate. Without the order, you can ask the Interior Ministry’s Department of Public Security, which runs Italy’s section of the SIS, for access to your file. After that you usually need a visa suited to your reason for travelling: see the visa types and, if one is refused, how to appeal a visa refusal.
What changed between 2023 and 2026?
- 2023. Decree-Law 20/2023 (Law 50/2023) reformed article 19; Decree-Law 133/2023 (Law 176/2023) shortened the appeal deadlines.
- 2024. Decree-Law 145/2024 (Law 187/2024) added a case of refusal of entry.
- 2026. Decree-Law 23/2026 (Law 54/2026) ended State-funded legal aid regardless of income for appeals against expulsion. Decree-Law 100/2026 (in force from 12 June, converted by Law 145/2026) applies the EU Migration and Asylum Pact and, through the new art. 14.1, extends from 5 to 10 days the time limit for appeals to the Court of Cassation against rulings validating detention.
- The EU Return Regulation (EU) 2026/2280 of 7 October 2026 will replace Directive 2008/115/EC; according to recital 65 the provisions that replace the Directive apply from 17 October 2027 (a few, such as those on return hubs, already do). It allows entry bans of up to 10 years (20 for duly substantiated reasons) and longer for security risks. Until then the Consolidated Act and Directive 2008/115/EC apply.
Frequently asked questions
Does an appeal stop the expulsion?
As a rule, no. A prefect’s order is enforceable at once even if challenged (art. 13(3) of Legislative Decree 286/1998). An escort to the border, however, can only be carried out after a justice of the peace validates it. Ask a lawyer promptly which remedies suit your case.
How long is the re-entry ban?
For a prefect’s expulsion it is usually three to five years (art. 13(14)), and longer in cases the law lists. A court expulsion ordered as an alternative to detention carries ten years. In a prefect’s expulsion the decree normally states the period.
Can I come back before the ban ends?
Only with special authorisation from the Minister of the Interior (art. 13(13)). If you left voluntarily you can ask the prefecture to lift the ban; family reunification has its own route under article 29. Returning without authorisation is a crime punishable by one to four years in prison.
What if I am afraid of going back to my country?
Say so as early as possible. Article 19 bars removal to a country where you risk persecution, torture or inhuman treatment. A protection claim has its own rules and deadlines, so read the guides on international and special protection first.
Official sources
- Consolidated Immigration Act, Legislative Decree 286/1998 – Normattiva (Italian text)
- Decree-Law 133/2023, art. 1 – Normattiva (Italian text)
- Decree-Law 100/2026 – Normattiva (Italian text)
- Challenging an expulsion order – Milan Tribunal (Italian text)
- Expulsions and Schengen alerts – Italian Embassy in Pristina
- Return Directive 2008/115/EC – EUR-Lex
- Regulation (EU) 2018/1861 on the SIS – EUR-Lex
- Decree-Law 23/2026, security and immigration – Chamber of Deputies (Italian text)
How can SH Immigration Specialists help?
SH Immigration Specialists offers administrative help to work out which measure you have received, gather documents and prepare consulate requests and the visa application. Legal advice, appeals and representation are handled by the lawyers of SH Immigration Specialists. 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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Which other guides may help you?
- Italian residence permit types
- Italian visa types
- Special protection residence permit in Italy: rules and 2026 changes
- International Protection in Italy: Requirements, Procedure and Appeals
- Expired residence permit in Italy: what to do, late renewal and risks
- Italian visa refusal: how to appeal
- Italian re-entry visa: when you need it and how to get it
- Undocumented Foreigners in Italy: What Can You Do?
