The preavviso di rigetto (notice of intended refusal) under Article 10-bis of Law no. 241 of 1990 (Italy’s law on administrative procedure) is the notice by which the Questura (police immigration office), the Prefettura, the Sportello Unico per l’Immigrazione (Immigration Desk) or a Ministry informs you that it is about to reject an application, for example for a permesso di soggiorno (residence permit), a nulla osta (work/entry clearance) or citizenship. From the moment you receive it, you have 10 days to submit written observations and documents: it is your chance to change the decision before it becomes final.
Guide updated in October 2026.
What is a notice of refusal for a nulla osta?
When you apply for a work nulla osta or a nulla osta for family reunification, it is common to receive a notice of intended refusal if the application has not been submitted correctly. This is why it is advisable to rely on an expert.
The notice of refusal under Art. 10-bis, also called the preavviso di diniego (notice of intended denial), is particularly important in immigration matters, as it is common to receive notice of an intended revocation of a nulla osta for work or family reasons, and also in Italian citizenship cases.
Before looking at what it involves, let’s try to understand the logic behind this law.
What is the notice of refusal under Art. 10-bis of Law 241/90?
The notice of refusal under Art. 10-bis of Law 241/90 is a crucial step in Italian administrative procedures.
This mechanism allows the person who is about to receive a negative decision from the Public Administration to submit their observations before the decision is formally adopted.
In this article we analyse in detail the meaning, the implications and the possible strategies for responding effectively to a notice of intended denial or revocation of a nulla osta, a residence permit or Italian citizenship.
What does a notice of refusal under Art. 10-bis involve?
Article 10-bis of Law 241/1990 establishes that, before issuing a negative decision (for example, a denial or a revocation), the Administration must notify the person concerned in advance.
This mechanism ensures respect for the principle of participation in administrative proceedings and gives the recipient an opportunity to submit counter-arguments to the notice of intended denial.
Under Article 10-bis, the Administration must:
- Inform the recipient of the reasons that could lead to the rejection of their application;
- Allow 10 days to submit written statements or additional documents;
- Assess the observations received before adopting the final decision.
This procedure applies to various areas, including immigration, town planning and administrative proceedings in general.
What changed with the 2020 Simplification Decree?
Decree-Law no. 76 of 2020 (the Decreto Semplificazioni) amended Article 10-bis:
- the notice suspends the procedural time limits, which start running again after the observations are submitted or once the 10 days have expired;
- if the observations are not accepted, the final decision must explain why;
- in the final decision, the administration may state reasons different from those in the notice only if they arise from the observations submitted.
These rules make observations even more important: a decision that does not take them into account can be challenged.
When do you receive a notice of intended denial or revocation of a nulla osta?
In the immigration context, the notice of intended denial under Art. 10-bis is particularly relevant in cases of:
- Denial of a residence permit or of its renewal or conversion;
- Revocation of a work nulla osta;
- Revocation of a nulla osta for family reunification;
- Denial of Italian citizenship by residence or by marriage.
For example, in the case of a notice of refusal of a nulla osta, the Prefettura or the Questura may notify the person concerned that the permit could be revoked because one of the requirements laid down by current legislation is missing.
What does a notice of refusal look like?
The notice usually states the office sending it, the application it refers to, the reasons why it might be rejected, the 10-day deadline and how to send your observations, often by PEC (certified email). Keep it and make a note of the date you received it: the deadline runs from that date.
In the next section, I explain how to respond in order to make the administration change its mind.
How do you respond to a notice of refusal under Art. 10-bis?
Receiving a notice of refusal does not mean the decision is already final. It is essential to respond strategically, submitting well-argued counter-arguments to the notice of refusal.
Analyse the reasons given in the notice of intended denial
The first thing to do is to read the reasons given carefully. The Administration might object, for example, to:
- The lack of an essential document;
- Doubts about the truthfulness of the information provided;
- Failure to meet the legal requirements.
Prepare a well-structured response
Counter-arguments to a notice of refusal under Art. 10-bis must be detailed and supported by documents. It is advisable to:
- Refer to legislation and case law;
- Attach any additional documents that can remedy the irregularities raised;
- Keep a formal and technical tone, showing full knowledge of the applicable rules.
If the case concerns immigration, it may be useful to consult a specialised lawyer or an agency for foreign nationals, such as SH Immigration Specialists, to maximise your chances of success.
Sample counter-arguments to a notice of refusal
To help you draft your counter-arguments to a notice of refusal under Art. 10-bis, here is a sample response:
Subject: Counter-arguments to the notice of refusal under Art. 10-bis of Law 241/90
Dear [Receiving authority],
with reference to the notice of refusal served on [date], concerning my application for [subject of the application], I hereby submit the following counter-arguments.
- Reasons given in the notice: [State the reasons given by the Administration].
- Observations and clarifications: [Respond point by point to each objection, citing any relevant rules and attaching supporting documents].
- Conclusions: In light of the above, I request that the application be re-examined in view of the new evidence provided.
I look forward to your kind reply.
Yours faithfully,
[First name and surname]
[Contact details]
[Signature]
Why is it important to handle a notice of refusal under Art. 10-bis correctly?
Responding effectively to a notice of intended denial can make the difference between obtaining the permit you applied for and a final refusal.
Here are some best practices to follow:
- Do not ignore the notice: once the 10 days have passed, the Administration can proceed with the final refusal.
- Avoid generic responses: counter-arguments must be precise and supported by documents.
- Consider a possible challenge: if the denial is confirmed, you can appeal to the TAR or lodge a new administrative appeal.
How do you appeal against the denial of a nulla osta?
If you have already received a notice of refusal under Art. 10-bis and did not respond in time, or your response did not change the administration’s mind, you could opt for an appeal to a court.
The competent court depends on the type of application. For most residence permits and work nulla osta, the decision lies with the TAR (Tribunale Amministrativo Regionale, the Regional Administrative Court), with an appeal to be lodged within 60 days of notification of the denial. For permits and nulla osta for family reasons, the competent court is instead the Ordinary Court (tribunale ordinario), specialised immigration section. For the denial of citizenship by residence, the TAR of Lazio has jurisdiction; for citizenship by marriage, the competent court depends on the grounds for the denial.
Deadlines are short: contact the lawyers on our team straight away to assess an appeal.
At this link you can see an example of an appeal upheld by the Ordinary Court against a refusal by the Questura.
How can SH Immigration Specialists help?
A notice of refusal under Art. 10-bis is an opportunity to put forward your case before a final negative decision.
Knowing how to respond effectively and strategically, with well-structured counter-arguments, increases your chances of a favourable outcome.
For personalised advice, contact the experts at SH Immigration Specialists.
This content provides general information and does not constitute legal advice.
Frequently asked questions about the notice of refusal
How do you respond to a notice of refusal under Art. 10-bis?
A notice of refusal under Art. 10-bis is a warning that the Public Administration is about to reject your application. You have 10 days to respond and make it change its mind.
Is there a sample of counter-arguments to a notice of refusal?
In this guide you can take inspiration from our sample counter-arguments to a notice of intended denial and try to respond on your own, although I recommend relying on an expert.
What should you do after a notice of refusal of a nulla osta?
If your counter-arguments to the notice of intended denial are not accepted, the only route is an appeal to the TAR.
Rely on a lawyer specialising in immigration to respond correctly and assert your rights.
