In short. The special protection residence permit in Italy is a national permit for people who are granted neither refugee status nor subsidiary protection but cannot be removed from Italy, for example because they risk torture or inhuman or degrading treatment. As a rule it is recognised by the Territorial Commission (or by the court, if you appeal) and issued by the questore, the provincial police chief: since 2023 the law no longer provides for a direct request to the Questura, the police office that issues residence permits. It lasts two years, allows you to work and, as a rule, cannot be converted into a work permit.
Here you will find who decides, when the permit is granted, how long it lasts, what it allows, whether it converts into work and what to do if the claim is refused.
Reviewed 19 October 2026. General guidance, not personalised advice: each case depends on the person’s history, the evidence and the authorities’ decisions, and practice varies from one Questura to another.
What is the special protection residence permit in Italy?
It is the permit that the questore issues to people who cannot be expelled or turned back because the bans in Article 19(1) and (1.1) of the Consolidated Immigration Act (Legislative Decree 286/1998, “TUI”) apply. The legal basis is Article 32(3) of Legislative Decree 25/2008: if the Territorial Commission (Commissione territoriale, the body that examines asylum claims) grants neither refugee status nor subsidiary protection but finds that those bans apply, it sends the file to the questore, who issues a two-year permit marked “special protection”.
It is national protection, separate from international protection, which follows EU rules. It began with Law 132/2018, was widened by Decree-Law 130/2020 and narrowed by Decree-Law 20/2023 (Law 50/2023). Case law also calls it “complementary protection”. For other permits see the guide to the types of residence permit in Italy.
In which cases can a person not be removed?
According to the texts consulted, as of October 2026 the grounds are those of Article 19(1) and (1.1) TUI. In short, a person may not be expelled or turned back:
- to a State where they risk persecution on personal or social grounds or the other grounds in Article 19, or from which they could be sent on to a State that would not protect them;
- to a State where they risk torture or inhuman or degrading treatment;
- where Italy’s constitutional or international obligations, referred to in Article 5(6) TUI, require it.
Systematic and serious human-rights violations in the country of return are also taken into account.
What happened to protection of private and family life?
From 2020 Article 19 also barred removal that would breach private and family life, weighing family ties, integration and length of stay. Decree-Law 20/2023, converted by Law 50/2023, deleted those parts of paragraph 1.1.
The Court of Cassation holds that the protection has not disappeared. In judgment no. 29593/2025 (10 November 2025) its First Civil Section ruled that the bans in Article 5(6) remain, including Article 8 of the European Convention on Human Rights. The person needs roots in Italy strong enough to make removal a breach of that right, case by case and with no automatic outcome.
How does it differ from asylum, subsidiary protection and special-case permits?
Refugee status and subsidiary protection are international protection; special protection is a national form of protection tied to the ban on removal, not the old humanitarian permit (abolished in 2018). “Special cases” permits are a separate group set out in individual TUI articles (for example for domestic violence, serious health conditions or disasters): each has its own requirements and procedure.
| Feature | Refugee status and subsidiary protection | Special protection | Special cases (examples) |
|---|---|---|---|
| Permit duration | 5 years | 2 years | Depends on the permit |
| Family reunification | Yes | No | Depends on the permit |
| Conversion into a work permit | Yes | Generally no | Depends (no for medical treatment and disasters) |
Who decides and how is the permit obtained?
Since 2023 the law no longer provides for a separate special protection application to the questore. As a rule the route is:
- You lodge an application for international protection (see the guides on asylum and subsidiary protection and on the new rules of Decree-Law 100/2026): it is registered and then formalised.
- The Territorial Commission decides: if it grants neither refugee status nor subsidiary protection but finds that the Article 19 bans apply, it sends the file to the questore, who issues the permit.
- If the claim is refused and you appeal, the court can also recognise special protection: the permit is then issued to carry out the decision.
Until 2023 you could also apply directly to the questore, who obtained the Commission’s opinion. Law 50/2023 abolished that procedure, but the old rules still apply to applications lodged up to 11 March 2023 and to cases where the Questura had already invited the person to apply (Article 7(2) of Decree-Law 20/2023).
The Integrazione Migranti portal says that, pending ministry clarification, it no longer seems possible to request the permit outside the international protection procedure; practice may vary, so speak to a lawyer if in doubt.
What happens at the Questura and which documents are needed?
After the decision the file goes to the Questura, which calls you in to issue the electronic permit. Summonses and documents vary between offices: read the summons and ask the Questura which documents to bring and which payments are due.
The general amounts on the Immigration Portal (table of 22 July 2024) are €16 for the revenue stamp and €30.46 for the electronic permit, plus a €50 contribution for permits of more than one and up to two years: check with the Questura whether it is due here. See applying for a residence permit and, if you only have a receipt, working with the receipt.
How long does it last and how is it renewed?
It lasts two years and can be renewed, but renewal needs a new assessment by the Territorial Commission: it is not automatic. The general rule in Article 5(4) TUI, as amended by Legislative Decree 83/2026 (applicable from 22 May 2026), is to apply at least 90 days before expiry instead of 60: follow the Questura’s instructions and do not wait.
For the practical steps see the guide to residence permit renewal and, if the permit has already expired, what to do with an expired permit. Permits issued under the old private and family life protection and still valid are renewed only once, for one year (Article 7(3) of Decree-Law 20/2023).
What does the special protection residence permit in Italy allow?
- Work: you can work as an employee or self-employed, with no further authorisation.
- Health: you can register with the National Health Service and choose a doctor through the local health authority (see the health card for foreigners).
- Residence: you can register with the registry office where you live; as a rule you need a permit valid for over three months, a passport or equivalent document and a tax code (see registering your residence in Italy).
- Family: it does not give a right to family reunification.
- Travel: as a rule you are not entitled to a travel document for foreigners, except where you cannot obtain a passport from your country of origin. UNHCR says you may travel in the Schengen area for up to 90 days: check the documents you need first.
Can it be converted into a work permit?
As a rule, no. The Integrazione Migranti portal explains that, after Law 50/2023, the permit can no longer be converted into a work permit; the law repealed points (a), (b) and (h-bis) of Article 6(1-bis) TUI, which listed certain convertible permits.
A circular of the Public Security Department of the Ministry of the Interior (no. 0049449 of 29 May 2024, issued on the opinion of the State Attorney’s Office) does allow conversion, where the legal requirements are met, for permits issued before 5 May 2023 and still valid, and for those issued afterwards to carry out a court decision on a request made before that date. See residence permits convertible to work.
What has changed recently and what may change?
- 11 March and 6 May 2023: Decree-Law 20/2023 (in force from 11 March) and Law 50/2023 (from 6 May) removed the express protection of private and family life, the direct application to the questore and conversion into work.
- 22 May 2026: Legislative Decree 83/2026 applies from this date and raises the ordinary renewal deadline to 90 days.
- 12 June 2026: Decree-Law 100/2026, converted without amendments by Law 145/2026, starts the implementation of the EU Pact on Migration and Asylum (a named document for applicants, work after 90 days from formalisation of the claim, shorter appeal deadlines in some cases). In the parts consulted there are no changes to Article 19 TUI or to Article 32(3) of Legislative Decree 25/2008.
- To watch: a government enabling bill (Senate bill 1869, February 2026) provides for stricter requirements for “complementary protection”; in August 2026 it was still in the Senate.
What should I do if the claim is refused?
A negative decision of the Territorial Commission is challenged by an appeal, signed by a lawyer, to the specialised immigration section of the Tribunal. The deadlines are:
- 30 days from notification of the decision, as the general rule (60 days if the appellant is abroad);
- 7 days in the cases referred to in Article 67(7)(a) of Regulation (EU) 2024/1348;
- 5 days in the border procedure.
The 7- and 5-day deadlines come from Decree-Law 100/2026, in force from 12 June 2026: for earlier claims, the transitional rules may provide different deadlines. State-funded legal aid can be requested, and the Tribunal’s decree can be challenged before the Court of Cassation.
If the Questura refuses to issue or renew the permit, or sends a notice of intended refusal (see Article 10-bis), the deadlines and the competent court depend on the type of act: read the document and contact a lawyer promptly.
Frequently asked questions
Can I apply for special protection directly at the Questura?
Since 2023 the law no longer provides for a direct request to the questore: as a rule the permit comes from the asylum procedure, when the Commission or the court recognises the Article 19 bans. Applications lodged up to 11 March 2023 are the exception.
How long does the special protection residence permit in Italy last?
Two years, with the possibility of renewal. Renewal is not automatic: it requires a new assessment by the Territorial Commission. Apply early and according to the Questura’s instructions; the general rule is at least 90 days before expiry.
Can the special protection permit be converted into a work permit?
As a rule no, after Law 50/2023. Under the ministerial circular of 29 May 2024 it remains possible, if the legal requirements are met, for permits issued before 5 May 2023 and still valid, and for some issued later to carry out a judgment.
How long do I have to appeal if the claim is refused?
As a rule 30 days from notification of the Commission’s decision (60 if you are abroad); 7 days in some cases and 5 in the border procedure, under Decree-Law 100/2026. A lawyer must sign the appeal: check the notification date straight away.
Official sources
- Special protection after the Cutro Decree – Integrazione Migranti portal (Italian text)
- International protection and special protection – UNHCR Italy
- Decree-Law 20/2023, original text – Gazzetta Ufficiale (Italian text)
- Law 50/2023, amendments to the decree – Gazzetta Ufficiale (Italian text)
- Judgment no. 29593/2025 – Court of Cassation (Italian text)
- Decree-Law 100/2026 – Normattiva (Italian text)
- Legislative Decree 83/2026 – Gazzetta Ufficiale (Italian text)
- Appeals in international protection – Tribunal of Milan (Italian text)
The sources were consulted on 19 October 2026. Some texts in force could not be read in full online and practice varies from one Questura to another: always check the latest instructions of the competent office.
How can SH Immigration Specialists help?
We can help you understand where your file stands, gather and organise documents and keep to the Questura’s summonses and deadlines. 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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