{"id":9247,"date":"2026-11-04T14:37:41","date_gmt":"2026-11-04T13:37:41","guid":{"rendered":"https:\/\/www.shimmigrations.com\/?p=9247"},"modified":"2026-11-04T15:09:10","modified_gmt":"2026-11-04T14:09:10","slug":"expulsion-reentry-ban-italy","status":"publish","type":"post","link":"https:\/\/www.shimmigrations.com\/en\/expulsion-reentry-ban-italy\/","title":{"rendered":"Expulsion and re-entry ban in Italy: types, appeals and how to return"},"content":{"rendered":"

In short.<\/strong> 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\u2019s 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.<\/p>\n

This guide covers the types of expulsion, voluntary departure, the re-entry ban, legal limits, appeals and the way back to Italy.<\/p>\n

Reviewed 4 November 2026.<\/strong> 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.<\/p>\n

What types of expulsion and removal exist in Italy?<\/h2>\n

The main source is the Consolidated Immigration Act (Legislative Decree 286\/1998)<\/a>, which provides for four main measures.<\/p>\n\n\n\n\n\n\n\n\n
Measure<\/th>\nWho decides<\/th>\nHow it is challenged<\/th>\n<\/tr>\n<\/thead>\n
Prefect\u2019s expulsion
art. 13(2)<\/em><\/th>\n		The prefect; the questore carries it out<\/td>\nOpposition before the justice of the peace<\/td>\n<\/tr>\n
Minister\u2019s expulsion
art. 13(1)<\/em><\/th>\n		The Minister of the Interior, on public order or State security grounds<\/td>\nAppeal to the administrative court (TAR)<\/td>\n<\/tr>\n
Judicial expulsion
arts. 15 and 16<\/em><\/th>\n		A criminal court, as a security measure or instead of a prison sentence<\/td>\nWithin the criminal proceedings, through a lawyer<\/td>\n<\/tr>\n
Refusal of entry
art. 10<\/em><\/th>\n		Border police at the crossing; the questore if you are stopped just after an irregular entry<\/td>\nAsk for a copy of the decision and legal advice<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

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<\/a>).<\/p>\n

When can a prefect order your expulsion, and who is protected?<\/h2>\n

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<\/a>, or let it expire more than 60 days ago without asking for renewal, as the Foreign Ministry\u2019s notice on long-stay visas<\/a> explains. If your renewal is late, read our guide on an expired residence permit<\/a>.<\/p>\n

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.<\/p>\n

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\u2019s cases, the following cannot be expelled:<\/p>\n