Immigration law
Article 31: staying in Italy to care for your child
A little-known rule lets a foreign parent stay in Italy beside their minor child, even without a residence permit. Here is when it applies.
Many foreign parents do not know that Italian law offers a remedy designed for them: an authorisation from the Juvenile Court (Tribunale per i minorenni) to remain in Italy with their child, under Article 31(3) of Legislative Decree 286/1998, the Immigration Consolidated Act. It can be an option even when the parent has no residence permit, or has lost one.
What the rule says
The Juvenile Court may authorise a family member to enter or remain in Italy for serious reasons connected with the psychological and physical development of a minor living in Italy, taking into account the child’s age and health. The authorisation is granted for a set period and can be renewed.
The focus is not the parent’s immigration status but the best interests of the child: would the child suffer real harm if the parent had to leave, or could not join them?
What counts as “serious reasons”
Italy’s Supreme Court, sitting in joint chambers (judgment 21799/2010), held that serious reasons do not require an emergency or an illness. They can include the actual or foreseeable harm a child would suffer from suddenly losing a parent, given the child’s age and roots in Italy.
In practice the court looks at:
- the child’s age (young children are hit hardest by separation);
- schooling and social integration;
- health and any ongoing treatment;
- the bond with the parent and with other relatives living in Italy.
How to apply
The application is filed with the Juvenile Court where the child lives (for Tuscany, the court in Florence). The court may hear the parents, ask social services for a report and request documents.
It helps to gather:
- school enrolment certificates and teachers’ reports;
- the child’s medical records;
- evidence of living together and of the parent’s daily role;
- anything showing the family’s integration in Italy.
After the authorisation
With the court’s decree, the police headquarters (Questura) issues a residence permit for assistance to a minor, valid for the period set by the judge. It allows the holder to work and, under certain conditions, can be converted into a work permit before it expires. The authorisation can be revoked if the reasons behind it no longer exist or the parent’s conduct is incompatible with staying in Italy.
It is not automatic
Each case is assessed individually, and the outcome depends on the family’s history and the quality of the evidence. That is why the application should be built carefully from the start. If another permit has been refused, see also residence permit refused: how to appeal.
I work with families in English, Italian and Albanian. More on immigration law, including in Florence, Prato and Pistoia.
Avv. Ada Alia
A member of the Pistoia Bar since 2020, she handles criminal, family, immigration and personal injury matters. She meets clients in Italian, English and Albanian.
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