Permit for minors assistance: what it is and who is entitled to it
The art. 31 paragraph 3 of Legislative Decree 286/1998 provides that, by way of derogation from the ordinary rules for entry and stay in Italy, the minor's family members without a residence permit may request a special authorization from the Juvenile Court to enter or remain in the territory of the State for a certain period of time.
What does art. 31 of the consolidated immigration law say
Paragraph 3 of art. 31 establishes that "the Juvenile Court, for serious reasons connected with the psychophysical development and taking into account the age and health conditions of the minor who is in the Italian territory, may authorize the entry or stay of the family member, for a fixed period of time, also notwithstanding the other provisions of this law. The authorization is revoked when the serious reasons justifying its release cease or for activities of the family member incompatible with the needs of the minor or with the stay in Italy. "
According to the consolidated immigration law, therefore, for serious reasons connected with the psychophysical development of a minor, also taking into account his age and health conditions, the court can decree the issue of a residence permit for minors assistance.
The institution outlined by art. 31 paragraph 3 of the aforementioned decree, therefore aims to give concrete implementation to the right to family unity according to the best interests of the minor.
Who can apply for permission for minor assistance
The residence permit for minors assistance can be requested by parents (even without a regular residence permit) of foreign children present in Italy. However, it should be specified that the presence on the territory of the parent of the minor must be functional only to the assistance and education of the minor.
The protection of this right is also based on the Italian Constitution, and precisely in articles 29 et seq. read in the light of art. 2, by virtue of which the family constitutes the first social formation, and in which the human personality develops.
What are the requirements set out in art. 31 of Legislative Decree 286/1998?
The art. 31, paragraph 3, establishes that the family member of the foreign minor in Italy (parent or relative) can enter or remain in the Italian territory, with the authorization of the territorially competent Juvenile Court, subject to verification of the regulatory requirements, for a specified period.
In order to obtain the authorization, the following requirements must therefore be met:
1) serious reasons connected to the psychophysical development of the minor;
2) age and health conditions of the minor present in Italy.
What is meant by serious reasons?
Basically, this expression refers to the age of the minor, and therefore to the hypothesis that a possible expulsion of the foreign parent could damage the child's growth.
According to the Court of Cassation, in deciding whether or not to grant a residence permit, the judge must therefore take into account the roots of the family in the national territory; the psychophysical discomfort to which the minor could be exposed in case of detachment from the place where his development and relationships are located, in addition to the tender age.
Necessary documents
The documents required to apply for the Residence Permit for Minors Assistance are:
- copy of the passports of the parents and of the entire family unit;
- copy of the family record;
- copy of the child's birth certificate;
- copy of the minor's school certificate;
- copy of the medical certificates relating to the health of the minor (for example a copy of the compulsory vaccination booklet);
- copy of the parent's employment contract or copy of an employer's commitment to hire;
- copy of previous expired residence permits;
- copy of the house contract or the declaration of hospitality.
Where permission for minor assistance is required
The request does not in itself require the assistance of a lawyer, but can be submitted directly to the Civil Chancellery of the Juvenile Court.
However, the advice is to rely on an expert lawyer who can carefully monitor and verify the possession of the requirements and avoid incurring an unpleasant eventual expulsion.
Work with permission for minor assistance
The permit for minors assistance also allows you to carry out work activities. Furthermore, with the new immigration decree 2020, it is possible to convert it, before its expiry, into a permit for work purposes.
After 5 years of possession, it will also be possible to apply for an EU long-term residence permit.
How long is the permit for child assistance
A 2-year permit is generally issued.
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