If you are a family member of a child or an adolescent (under 18) living in Italy, you may be granted a Permesso per Assistenza Minore.
You can use this article to learn more on:
- Who is eligible
- How to get it
- How long it is valid
- What are your rights
Who is eligible for this permesso?
The Permesso per Assistenza Minore is granted to the parent or a family member of a child or adolescent (under 18) living in Italy on a case-by-case basis, to avoid that the separation from the adult damages the child’s well-being.
The permit can be granted to one or both parents, or to another family member regardless of the degree of kinship. Generally, a family member receives this permit only when none of the parents of the child are in Italy.
However, according to CILD lawyers, in some cases the relevant Italian authorities may grant the Assistenza Minore permit to another relative, even if the child is with one of the parents.
You may receive this permit also if you are outside Italy and you apply for family reunification with your son or daughter who is under 18 and lives in Italy.
How can I get this permesso?
The Assistenza Minore permit is issued by the Questura under the authorization of the Juvenile Court (“Tribunale per i Minorenni” in Italian). Therefore, the application for this permit requires a two-step process:
- Request the authorization from the Juvenile Court
- Make an appointment at the Questura for issuing the permesso
First step: Authorization from the Juvenile Court
To apply for this permit, you first need to request the authorization for the release of the permit from the Juvenile Court. The Juvenile Court is usually located in the capital of the region or province. You can find the list of Juvenile Courts in Italy here.
To apply for the authorization, you have to go to the Cancelleria Civile (Civil Chancellery in English) of the Tribunale per i Minorenni, and complete the relevant request form. You will need to include a 27 euros revenue stamp (“marca da bollo” in Italian) with the request form.
In addition, you will have to attach to the request a copy of other documents, such as:
- Valid document to prove your identity and that of your child (e.g. passport, ID)
- Valid or expired permit of stay–if you have one already
- Birth certificate of the child
- Proof of the family tie with the child (such as historical family certificate or registration certificates) –if you’re not the parent
- House contract, declaration of hospitality or residence certificate
The Tribunale may request other documents depending on your case, such as school or health certificates from the child.
Please, make sure you check the request form for the required documents to attach. Here’s an example of the form and the relevant documents of the Juvenile Court in Milan.
What will the Court evaluate?
In order to decide if you should receive the Assistenza Minore permit, the Juvenile Court evaluates whether there could be a damage for your child’s well-being if he/she would be separated from you or if your child would go back to her/his country of origin.
In practice, the judge will consider if you have taken care of your child appropriately (e.g. if you have enrolled him/her to school, if he/she has a pediatrician, if he/she participates in activities that allow your child to integrate in Italy) and if you have a meaningful relationship with him/her. The Court may also take into account the health conditions of the child and his/her young age, if applicable.
In order to examine these elements, the Court may interview you and your child, verify the place where you live (‘domicilio’ in Italian), request information on your criminal record to the Questura, request a report from a social worker, or do further investigations.
If the Juvenile Court rejects your request, you can appeal the decision within 10 days with the help of a lawyer. Remember that you can apply for free legal aid (“patrocinio gratuito a spese dello stato” in Italian) if you cannot afford to pay a lawyer.
Second step: Appointment at the Questura
Once you have the authorization of the Tribunale, you will need to request the permit directly to the Questura, without going to the Post Office.
Keep in mind that some Questure may use the online booking portal https://cupa-project.it/ or https://prenotafacile.poliziadistato.it/it/homedefault (for Milan and Rome Questura only).
On the date of the appointment, you will need to bring:
- 4 photos of yourself
- 16 euros revenue stamp (“marca da bollo” in Italian)
- Receipt of the fee for the issue of the permit
- Valid document to prove your identity and that of your child (e.g. passport, ID)
- Decision of the Tribunale per i Minorenni, and a copy of it
- Declaration of hospitality, house contract or residence certificate
How long is this permit valid for?
The Tribunale per i Minorenni decides on the duration of the permit, but it usually lasts no more than 2 years.
How can I renew it?
You can renew this permit at the Questura with the authorization that the Tribunale per i Minorenni gave you the first time –if the authorization is not expired.
If the authorization of the Tribunale is expired, you need to request a new one from the Juvenile Court.
Can I convert it to another permit?
You can convert this permit to a work permit or family permit, if you meet the requirements.
Know more on how to apply for a work permit here.
What are my rights?
As a holder of the Assistenza Minore permit, you have the right to:
- Work in Italy
- Register to the Registry Office of your Comune and get a carta d’identità
- Access the Italian health care system (SSN)
- Access the Italian public education system
- Access the Italian welfare system
- Apply for the EU long-term permit (Permesso di Soggiorno UE per Soggiornanti di Lungo Periodo) after 5 years of uninterrupted residence in Italy, if you meet the requirements
- Travel outside Italy with your passport