In short. If the Questura refuses, does not renew or revokes your residence permit, you receive a reasoned decree that you can challenge. The main routes are an appeal to the regional administrative court (TAR) within 60 days, or an extraordinary appeal to the President of the Republic within 120 days. Family-reason permits and protection cases go to the ordinary courts. An appeal does not normally suspend the decree by itself, so timing matters.
Here you will find the grounds for refusal or revocation, the procedure, the appeals and their deadlines, the costs and the alternatives.
Reviewed 4 November 2026. These are general rules, not personalised advice: each case depends on the type of permit, the decree and the dates. Official sources consulted on 4 November 2026.
On what grounds can the Questura refuse, not renew or revoke a permit?
Three decisions are easy to confuse. A refusal turns down a first-time application. A non-renewal (or refused conversion) turns down a request to extend or change a permit you already hold. A revocation withdraws a permit that is still valid.
The core rule is article 5(5) of Legislative Decree 286/1998, the Consolidated Immigration Act. The permit or its renewal must be refused, and a permit already issued must be revoked, when the requirements for entry and stay are missing or no longer met. For example, the required income may no longer be shown, the reason for the permit may have ended, or documents may prove false. Losing a job is not, on its own, a ground for revoking an employment permit.
The law sets limits. The rule does not apply where new elements allow the permit to be issued, or where the problem is an administrative irregularity that can be put right. The Questura must also consider facts arising after your application, up to the end of the procedure, so send new documents as soon as you have them. A permit obtained through false statements is different: the Council of State (judgment 7477/2019) upheld a refusal to renew despite sufficient income.
Do criminal convictions automatically block a permit?
Not always. Article 4(3) of the Act bars entry to people regarded as a threat to public order or State security and gives weight to certain convictions, for example for drug offences. Read with article 5(5), it affects issue and renewal alike.
The Constitutional Court has curbed this automatic effect. In judgment 202/2013 it held that, where a foreign national has family ties in Italy, a conviction for the offences listed in article 4(3) cannot by itself justify refusing, revoking or not renewing the permit: the authority must assess the person’s actual and current danger, the length of stay and the family and social ties. In judgment 88/2023 it struck down the automatic bar on renewing a work permit for non-final convictions for minor drug dealing and final convictions for trading in goods with false marks. Other offences need legal advice.
Which permits follow different rules?
Some permits have their own rules. For the wider picture, see our guide to Italian residence permit types.
| Permit | What differs | Guide |
|---|---|---|
| EU long-term residence permit art. 9, Legislative Decree 286/1998 |
It cannot be issued to anyone who is a danger to public order or State security; the Questore also weighs the length of stay and integration. It is revoked, among other cases, if obtained by fraud, on expulsion, after 12 consecutive months outside the EU or after more than six years away from Italy. | EU long-term permit |
| Family-reason permits art. 30, Legislative Decree 286/1998 |
A permit based on marriage is revoked if the couple does not actually live together (unless a child was born) or if the marriage was entered into only to obtain residence. Appeals go to the ordinary court. | Family reunification |
| International and special protection Legislative Decree 25/2008 |
The procedure has its own rules and disputes go to the specialised sections of the ordinary tribunal. Decree-Law 100/2026 implements the EU Pact on Migration and Asylum. | Protection |
| Minors art. 31, Legislative Decree 286/1998 |
The Juvenile Court may authorise a relative to stay for serious reasons linked to the child’s development; the authorisation ends if those reasons cease or the relative’s conduct is incompatible with the child’s needs. | Article 31 |
What happens between the notice and the decree?
- Notice of refusal. Before turning down an application for issue, renewal or conversion, the Questura must send you a notice of refusal under article 10-bis of Law 241/1990, stating the reasons that stand in the way.
- Your observations. You have 10 days from receipt to send written observations, with documents if you have them. If the Questura still refuses, the decree must explain why it did not accept them.
- The decree. The Questore’s decree is the act you can challenge. Read its reasons, the notification date and any remedies it mentions.
- The clock. Deadlines run from notification, communication or full knowledge of the decree. Note the date at once and keep the envelope, PEC receipt or delivery record.
These steps assume an application you made. If the Questura starts a revocation by itself, the safeguards may differ, so seek legal advice at once. For visa-related exceptions to the notice, see the section on what has changed.
A refusal or revocation is not an expulsion, which is a separate act with its own appeal. In the cases listed in article 13(2) of the Act, such as a permit revoked or annulled, or expired for more than 60 days with no renewal request, the Prefect orders it. Check whether the decree mentions leaving Italy.
Which appeals can you bring, and by when?
These are the main routes; compare them with what the decree says.
| Remedy | Deadline | Who decides |
|---|---|---|
| Appeal to the TAR art. 29, Code of Administrative Procedure |
60 days, on pain of forfeiture, from notification, communication or full knowledge of the decree | As a rule, the TAR of the region where the Questura sits (art. 13) |
| Extraordinary appeal to the President of the Republic art. 8, Presidential Decree 1199/1971 |
120 days from notification, communication or full knowledge | Presidential decree, after the binding opinion of the Council of State |
| Appeal to the ordinary court (family permits) art. 30(6), Legislative Decree 286/1998; art. 20, Legislative Decree 150/2011; arts. 3 and 4, Decree-Law 13/2017 |
To be checked with a lawyer as soon as the decree arrives | Ordinary tribunal, specialised immigration section covering the area where the Questura sits |
The extraordinary appeal is an alternative to the TAR: choose one and you can no longer use the other against the same act (art. 8(2) of Presidential Decree 1199/1971). It is open only against final administrative acts and only on grounds of legality, not on the merits. For the TAR, the 60 days are the time to serve the appeal on the authority and, if there is one, on a counter-party; it is then filed with the court within 30 days of the last service (arts. 41 and 45 of the Code of Administrative Procedure).
Does an appeal suspend the decree, and can you work or stay meanwhile?
As a rule, no. An effective administrative decision is carried out immediately unless the law or the decision itself says otherwise (article 21-quater of Law 241/1990). Before the TAR you can ask for an interim measure, such as suspension, by showing serious and irreparable harm before a decision is reached (article 55 of the Code of Administrative Procedure). The judge decides case by case and may refuse.
The receipt for a renewal or conversion application still under examination can allow you to work while you wait, under article 5(9-bis) as rewritten by Decree-Law 146/2025: see our guide on working with a permit receipt. After a refusal or revocation the position is different: before you work or travel, ask a lawyer which document you hold.
Do you need a lawyer, and what does an appeal cost?
Before the TAR you need a lawyer (article 22 of the Code of Administrative Procedure); the exceptions in article 23 (access to documents, elections, free movement of EU citizens) do not cover residence permits. The extraordinary appeal can be signed without a lawyer; the Council of State service charter (October 2022) gives a unified contribution of €650.
For a TAR appeal you pay the lawyer’s fee plus the unified contribution. The TAR service charters (2023 and 2024) show €300 for cases on citizenship, residence, stay and entry, against €650 for an ordinary appeal. Amounts can change.
If your income is low you can apply for State-funded legal aid: the annual taxable income limit is €13,659.64 (decree of 22 April 2025; the Ministry page may still show the previous limit), adding the income of relatives living with you. For income earned abroad, non-EU citizens usually need a consular certificate. Legal aid is open to foreign nationals lawfully resident in Italy; the commission assesses your case.
What can you do besides appealing?
An appeal is not the only route. You might consider a new application once the reason for refusal has been removed, a different type of permit if you meet its requirements (see which permits convert to work), or a request for special protection. Article 19 of the Act bars returning or expelling anyone to a State where they risk persecution, torture or inhuman treatment. No route guarantees an outcome.
What has changed since 2023?
- Decree-Law 20/2023 (Law 50/2023): repealed the sentences of article 19(1.1) that barred return or expulsion to protect private and family life.
- Decree-Law 145/2024 (Law 187/2024): the notice of refusal was removed for entry-visa procedures and for permit refusals or revocations caused by the revocation of a visa (see visa refusal and appeal).
- Decree-Law 146/2025 (Law 179/2025): article 5(9-bis) on working while a permit is pending was rewritten and now extends to conversions.
- Decree-Law 100/2026 (Law 145/2026): it implements the EU Pact on Migration and Asylum; for asylum, see the new rules.
Frequently asked questions
How long do I have to appeal against a refused residence permit?
It depends on the remedy. An appeal to the TAR must be served on the authority within 60 days of notification, communication or full knowledge of the decree; an extraordinary appeal to the President of the Republic allows 120 days. Family-reason and protection cases have different deadlines.
Does an appeal to the TAR suspend the refusal?
Not automatically. The decree stays effective until it is suspended. With the appeal you can ask the judge for an interim measure, which requires serious and irreparable harm; the judge decides case by case and may refuse.
Can I appeal without a lawyer?
Before the TAR you need a lawyer, because the exceptions in article 23 of the Code of Administrative Procedure do not cover residence permits. The extraordinary appeal can be signed without one. With a low income you can ask for State-funded legal aid.
Does a refusal mean I must leave Italy?
A refusal is not in itself an expulsion, which is a separate act with its own appeal. You are, however, left without the residence title you applied for: read the decree and seek legal advice promptly to see which protections may apply.
Official sources
- Legislative Decree 286/1998, Consolidated Immigration Act – Normattiva (Italian text)
- Law 241/1990 on administrative procedure – Normattiva (Italian text)
- Code of Administrative Procedure – Administrative Justice (Italian text)
- Council of State service charter – Administrative Justice (Italian text)
- TAR Sardegna service charter (2024) – Administrative Justice (Italian text)
- Judgment 88/2023 – Constitutional Court (Italian text)
- State-funded legal aid in civil and administrative cases – Ministry of Justice (Italian text)
- Decree of 22 April 2025 on legal aid income limits – Gazzetta Ufficiale (Italian text)
How can SH Immigration Specialists help?
SH Immigration Specialists offers administrative help to organise your documents, prepare observations on a notice of refusal and follow new applications, renewals and conversions. 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
- Notice of Refusal under Article 10-bis: How to Reply Within 10 Days
- Special protection residence permit in Italy: rules and 2026 changes
- Residence Permit Renewal in Italy: When, Costs and Documents (2026)
- Expired residence permit in Italy: what to do, late renewal and risks
- Immigration lawyer in Italy
