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You applied for a residence permit at the Questura. Months have passed and there is still no news. What can you do?
Not everyone knows that the public authorities must meet a precise legal deadline to issue a residence permit.
This deadline is set by Article 5(9) of the Consolidated Immigration Act (Testo Unico Immigrazione), which states: “The residence permit is issued, renewed or converted within sixty days of the date on which the application was submitted, if the requirements and conditions provided for are met...”.
So what can you do if your permit is late?
If you meet all the requirements for the permit and more than sixty days have passed since you applied, I recommend contacting a lawyer to press for your application to be dealt with.
A formal notice and demand letter (diffida e messa in mora) sent by a lawyer is a good strategy to get the authorities to give your case priority, especially when it makes clear that you are ready to go to court to protect your rights if the delay continues.
Once the deadline in Article 5(9) of the Consolidated Immigration Act has passed, the applicant can file an appeal with the competent Regional Administrative Court (TAR) within one year of the end of the sixty-day period.
The Court can order the Questura to decide on the application, forcing the authorities to issue a final decision.
If the delay has caused the applicant harm and they ask for it, the Court can order the authorities to pay damages and the legal costs.
Understandably, in cases like these the authorities have every reason to deal with the application, to avoid being ordered to pay.
Need help? Find out how Avv. Giulia Lombardo can help with immigration and citizenship in Turin and online across Italy, or request a consultation.