In the past, Italy used to issue humanitarian protection or Permessi di Soggiorno per Motivi Umanitari. On October 5, 2018 – when the Salvini Decree went into effect – Italy stopped issuing this kind of permesso.
However, Italian authorities kept issuing a 2-year Casi Speciali permit to those who had applied for international protection or appealed the Commission’s decision before that date and were found eligible for humanitarian protection.
You can use this article to learn:
- Who is eligible
- What to do when Casi Speciali expires
- What your rights are
Who is eligible?
You may receive a 2-year Casi Speciali only if you applied for international protection or appealed a negative response from the Commission before October 5, 2018, and you are eligible for humanitarian protection.
Italy used to grant humanitarian protection and now grants Casi Speciali to asylum applicants that it does not consider eligible for refugee status or subsidiary protection, but who still need a form of protection.
The decision for granting Casi Speciali needs to be based on a combination of two elements:
- Your level of social and economic integration in Italy
- Serious humanitarian reasons and potential violations of basic human rights if you go back to your home country
If you have applied for asylum after October 5, 2018, you are no longer eligible to receive this type of permesso. Instead, you may be granted a 2-year permesso per Protezione Speciale.
Learn more:
Protezione Speciale
How long is it valid for?
This permesso is valid for 2 years. However you cannot renew this permesso.
What to do when my permesso expires?
The 2-year Casi Speciali permit cannot be renewed. It can only be converted to another type of permesso (study, family or work permit), depending on your personal situation.
If you have a valid work contract or a business
If you have a valid work contract or if you own a business when your Casi Speciali expires, you can convert it to a Permesso per Motivi di Lavoro Subordinato o Autonomo. You can convert your Casi Speciali permit at any moment before it expires.
Learn more on the requirements:
If you don’t have a valid work contract
If you don’t have a stable job, you have different options based on your personal situation.
For example, if you don’t have a stable job, but you meet certain requirements, you can convert your Casi Speciali in a study or family permit.
You can convert your Casi Speciali permit at any moment before it expires. Contact your lawyer who is the best person to advise you on your specific case.
Permesso per Protezione Speciale
If you do not meet the requirements for a work, study or family permit, the Questura – with the opinion of the Commission – may consider you for a Permesso per Protezione Speciale.
Be aware that the Commission may call you for another interview to understand whether you’re still in need of protection.
If the Commission assesses that you could face potential violations of your basic human rights if you go back to your home country, it can decide to grant you a permesso called Protezione Speciale.
Recently, the Tribunal of Rome stated that it is not necessary to present your passport to get your case examined by the Commission.
If the Commission refuses to examine your case because you don’t have a passport, we suggest you contact we suggest you contact the ASGI anti-discrimination service: +393515542008 – antidiscriminazione@asgi.it.
What’s the difference between Casi Speciali and Protezione Speciale?
In practice, the Casi Speciali permit only concerns those who applied for international protection before the so-called “Salvini decree” came into force on October 5, 2018 and who are eligible for humanitarian protection.
The Salvini decree abolished the humanitarian permit and introduced other types of permits of stay. Permesso per Protezione Speciale was among these new permits. It is granted for some of the same reasons of the Casi Speciali permit: risk of persecution or torture in their country of origin or violation of their right to private and family life, if sent back to their home countries.
To summarize, the Casi Speciali permit can be given only to those that presented their international protection claim before October 5 2018, while the Protezione Speciale can be granted to those who applied for protection after October 5, 2018 or after your Casi Speciali permit expires. Indeed Casi Speciali cannot be renewed.
What rights do I have as a holder of a Casi Speciali permit?
With Casi speciali permit, you have the right to:
- Work in Italy — but not in any other European countries
- Register with the registry office of your local comune, which gives you the right to get a carta d’identità
- Access the Italian health care system (SSN)
- Access the Italian public education system
- Obtain a travel document. If you have a 2-year Casi Speciali, you may be entitled to receive a Titolo di Viaggio if you cannot get a passport from your home country. We recommend that you check with a lawyer before applying for a Titolo di Viaggio.
Learn more about traveling outside Italy when you have a Casi Speciali and about the travel document you may be able to apply for:
You do not have the right to:
- Bring your family to Italy. You can bring your family if you convert your permesso to a Permesso per Motivi di Lavoro. However, according to the lawyers of CILD, in some specific cases you may be able to ask for family reunification. Talk to your lawyer who is the right person to advise you on this.
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