{"id":8721,"date":"2026-10-28T06:08:27","date_gmt":"2026-10-28T05:08:27","guid":{"rendered":"https:\/\/www.shimmigrations.com\/article-31-residence-permit-children-italy\/"},"modified":"2026-10-28T06:08:27","modified_gmt":"2026-10-28T05:08:27","slug":"article-31-residence-permit-children-italy","status":"publish","type":"post","link":"https:\/\/www.shimmigrations.com\/en\/article-31-residence-permit-children-italy\/","title":{"rendered":"Article 31 residence permit for children in Italy: when the court authorises it"},"content":{"rendered":"

In short.<\/strong> The article 31 residence permit is the \u201cassistance to minors\u201d 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<\/em>) has authorised their stay for serious reasons linked to the child\u2019s 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.<\/p>\n

Here you will find when the court can authorise a relative\u2019s stay, how to apply, what happens at the Questura, how long the permit lasts and what it allows.<\/p>\n

Reviewed 28 October 2026.<\/strong> 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.<\/p>\n

What is the article 31 residence permit and who decides?<\/h2>\n

Article 31 of the Consolidated Immigration Act (Legislative Decree 286\/1998, the \u201cTU\u201d) gathers the rules in favour of minors. People who speak of the \u201carticle 31 permit\u201d 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\u2019s psychological and physical development, taking account of the child\u2019s age and health, even where this departs from other provisions of the TU.<\/p>\n

There are two steps. The court decides by decree (a written order) and sends it to the questore<\/em>, that is the Questura, the police office that issues residence permits. The Questura then issues the permit: the Immigration Portal<\/a> of the Ministry of the Interior lists \u201cAssistenza minori art. 31 T.U.I.\u201d 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<\/a>.<\/p>\n

How does it differ from paragraph 1 of article 31?<\/h3>\n

Paragraph 1 concerns a child living with a lawfully resident foreign parent: the child follows the parent\u2019s legal status. Paragraph 2 was repealed in 2016. For fostered children the Portal has a separate page on the foster-care permit<\/a> (affidamento<\/em>).<\/p>\n\n\n\n\n\n\n\n
Point<\/th>\nParagraph 1<\/th>\nParagraph 3 (article 31 permit)<\/th>\n<\/tr>\n<\/thead>\n
Who it is for<\/td>\nA child living with a lawfully resident parent<\/td>\nA relative of the child, usually a parent<\/td>\n<\/tr>\n
Who decides<\/td>\nNo court authorisation: the child follows the parent\u2019s status<\/td>\nThe Juvenile Court, then the Questura<\/td>\n<\/tr>\n
Length of permit<\/td>\nUntil the age of 18 (or an EU long-term permit)<\/td>\nThe period set by the court<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

When can the court authorise a relative to stay?<\/h2>\n

The law does not list cases: it speaks of serious reasons connected with the child\u2019s psychological and physical development. The Joint Sections (Sezioni Unite<\/em>) 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.<\/p>\n

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\u2019s situation concretely, for instance with medical certificates (the Brescia court lists them among the attachments).<\/p>\n