the rights for each status decided from an Asylum Seeker Application in Italy:

Refugee Status

Subsidiary Protection

Permit of stay for special cases (after removal of Humanitarian Protection)

 

permit of stay for special cases

Note: *Nature of the permit of stay pending the decision on the refugee status

  • Duration: 6 months

  • Suitable as ID document

  • Unsuitable to register to the civil registry (anagrafe)

After the abolition of the “Humanitarian Protection, the “permit of stay for special cases” was established. This applies to

  1. Victims of domestic violence:

    Duration: 1 year

    Access to study

    Access to social assistance

    Access to labor market: It is possible to convert the permit of stay for special cases to work permit.

  2. People with serious health problems: the health conditions must be verified by an healthcare system body.

    Duration: 1 year, renewable if the health conditions persist.

  3. Victims of disasters: in cases of temporary and exceptional situations that do not allow the return/stay in the origin country.

Duration: 6 months, renewable if the conditions persist

Access to labor market-but not convertible to work permit.

There will be a new form of permit of stay for valuable acts towards the society

Duration: 2 years

Access to study

Access to labour market: it is possible to convert the permit in a work permit.

Valuable acts:

  • Saving a person from an imminent and serious danger

  • Avoiding or reducing the risk of a serious disaster

  • Restoration of the public order and law enforcement

  • Arrest or participation in the arrest of criminals

  • Progress of science or acts to safeguard human beings

  • Preserving the prestige or the name of the Nation.


Refugee StatuS

There will be denial or revocation of refugee status if you are sentenced for:

  • Violence against a public officer

  • Serious physical and psychological harm

  • Performing female genital mutilation

  • Serious physical and psychological harm to a public officer during a sporting event

  • Theft

  • Armed robbery

  • Burglary

  • Murder

  • Extortion

  • Kidnapping

  • Criminal conspiracy

  • Production, trafficking and possession of high quantity of drugs

  • Criminal association directed to drug trafficking

If you have obtained the status of refugee, you are entitled to the following rights:

Permit of Stay

The right to a permit valid for five years.

The permit of stay for “political asylum” will be obtained at the Questura. The permit can be renewed at expiration. In order to renew, you will have to go to the post office to fill in the “kit postale” or to a Patronato to be assisted in completing the form, and then to the post office to send it to the Questura.

In order to complete the “kit postale,” you are requested to make a payment of about 70 euros. The renewal may be done from one month before expiration of the permit to two months after the expiration. Pending the renewal, if it was requested as outlined above, all your rights will be maintained. Except in cases of revocation and ending of the refugee status, the Questura will renew the permit of stay.

Registration as an Italian Citizen

The right to be enrolled in the municipal registry of residents in order to be allowed fundamental rights (for example: medical and social care and assistance).

Access to Work

The right to apply for employment on equal footing with Italian citizens. This also includes the possibility to apply for public competitive examinations if you meet exam requirements.

Family Reunification

It is possible to rejoin with some members of your family (spouse/underage and adult children/dependent parents) with no obligation to explain your income or property ownership/rental.

Marriage

The right to marry in Italy-without providing the “nulla osta” to the embassy of your country of origin. The office of UNHCR in Italy will issue the “nulla osta”, on the basis of an affidavit which substitutes and includes your birth certificate (for the affidavit you have to go to the civil court of the town of your residence in Italy, accompanied by two witnesses).

Social Assistance

Right to social assistance, such as social benefits for persons older than 65, disability pension, maternity benefits, benefits for families with three underage children-under the same conditions as Italian citizens.

Healthcare

The right to healthcare under the same conditions as Italian citizens.

Public Education

The right to attend public schools under the same conditions as Italian citizens. If older than 18 years, a person has the right to access to public education on the same footing as a foreigner staying in Italy.

Travel Documentation

The right to obtain a travel document valid for five years. This is applied for at, and provided by, the Questura. The cost is €40.29 plus an additional €3.65 for issuance of the document. If you have the necessity to travel abroad, you will have to pay €40 per year. If you do not have the necessity to travel abroad, you are not required to pay the yearly tax of €40. This document substitutes your national passport and allows you to travel abroad under the conditions listed in the section “Right to free movement”.

Free Movement

The right to travel within the Schengen area (all countries of the European Union, except Denmark, Great Britain, Ireland, Bulgaria, Romania and Cyprus) only with the above travel document, without any visa, for a maximum period of three months, and with no authorization to work. If you wish to move to a country of the European Union to study or to work, you have to apply for an entry visa before leaving Italy. In order to travel outside the European Union, you will have to abide by the visa rules for citizens of your country of origin.

Italian Citizenship

The right to obtain Italian citizenship after five years of regular and continuous residence in Italy if you regularly submitted an income tax declaration in the three previous years (demonstrating your economic self-sufficiency) .

Public Housing

The right to receive public housing assistance is recognized on the same conditions as Italian citizens.

Reception

After the end of the asylum procedure, if you are living in a SPRAR center, it is possible to remain there for a period of six months, which can only be extended in extraordinary circumstances. If you have never lived in a SPRAR center, you may be hosted there now.

EDIT: After the abolition of the SPRAR system (reception centres for asylum seekers and refugees), there are now only facilities limited to refugees and unaccompanied minors. In fact, many reception centres have been closed and all the hosted people have been sent to other facilities or, in the worst cases, remain on the streets.

Due to high volume of people living in or waiting to live in a SPRAR center, once the asylum procedure is ended, many people will have to find other accommodations.

If you have difficulties finding accommodations, refer to this list of NGOs/associations working in the field of asylum (see our contact list on page X [add links to contact page on digital version]). Even if such bodies cannot grant accommodation themselves, they may help you with your search.

 

Subsidiary Protection

Subsidiary protection is protection granted to a citizen from outside the European Union, or to a stateless person, who does not meet the conditions required to be recognized as a refugee, but who has well-founded reasons to fear that they may suffer serious harm if they return to their country of origin or to the country where they have their habitual residence.

If you have been granted subsidiary protection, your rights are:

Permit of Stay

A permit of stay valid for three years will be issued. It is renewable after the Commissione’s  decision to give you protected status. In order to obtain the permit of stay or renew your status, you will have to go to the Questura.  When you apply for renewal, the Questura will send your request to the Commissione, which will decide whether to confirm your status. You are eligible to apply for renewal starting one month before expiration and until two months after expiration. In the period pending the renewal, your rights will be maintained. You may also decide to change your permit of stay into a permit for work reasons. You may do such a change only if you have a job contract and if you have or can obtain a national passport, which is necessary for the renewal of the permit. We recommend that you to refer to our legal resources to help you  evaluate your choice.

Registration as an Italian Citizen

The right to be enrolled in the municipal register of residents in order to be allowed fundamental rights (for example: medical and social care and assistance).

Access to Work

The right to apply for employment in the same fairness as Italian citizens. This also includes the possibility to apply for public competitive examinations if you meet exam requirements.

Healthcare

The right to healthcare under the same conditions as Italian citizens.

Family Reunification

It is possible to rejoin with some members of your family (spouse/underage and adult children/dependent parents) with no obligation to explain your income, property ownership/rental.

Social ASsistance

Right to social assistance, such as social check for persons older than 65, disability pension, maternity check, check for families with three underage children-under the same conditions as Italian citizens.

Travel Documentation

In case you do not hold your national passport and you are unable to require/obtain it from your Embassy, you will need to obtain a travel document for foreigners. You have to request it from the Questura. It costs 40.29 euros plus additional 3.65 euros for the issuance of the document. If you are travelling abroad, you will have to pay 40 euros per year. If you are not travelling abroad, you are not required to pay the yearly tax of 40 euros. Such a document substitutes your national passport and allows you to travel abroad at the conditions listed below (“Right to free movement”).

Free Movement

The right to travel within the Schengen area (all countries of the European Union, except Denmark, Great Britain, Ireland, Bulgaria, Romania and Cyprus) only with the above travel document, without any visa, for a maximum period of three months, and with no authorization to work. If you wish to move to a country of the European Union to study or to work, you must apply for an entry visa before leaving Italy. In order to travel outside the European Union, you will have to abide by the visa rules for citizens of your country of origin.

Public Education

The right to attend public schools under the same conditions as Italian citizens. If older than 18 years, a person has the right to access to public education equivalent to a foreigner staying in Italy.

Public Housing

The right to receive public housing assistance is recognized on the same conditions as Italian citizens.

Italian Citizenship

The right to obtain Italian citizenship after ten years of regular and continuous residence in Italy if you regularly submitted an income tax declaration in the three previous years (demonstrating your economic self-sufficiency).