How does the residence permit for foster care work?

The residence permit for foster care (permesso di soggiorno per affidamento) is a fundamental protection tool for unaccompanied foreign minors who, during their stay in Italy, are placed in foster care with a family or in an educational community. This permit regularizes the minor’s presence in Italy, recognizing their particular vulnerability and the need to ensure continuity in their path of growth, protection and integration.

The applicable rules are found in the Consolidated Immigration Act, in particular Article 32 of Legislative Decree No. 286/1998, as well as in Italian legislation on the protection and foster care of minors.

Foster placement of the minor and issue of the residence permit

The issue of the residence permit for foster care is linked to a decision of the Juvenile Court (Tribunale per i Minorenni), ordering the placement of the minor with a foster family, a single person or an educational facility.

The procedure usually begins when Social Services, the guardian or other institutionally involved parties report the minor’s situation to the Court and the need to find a suitable solution for their protection. Having assessed the circumstances, the judicial authority may order the foster placement, setting out its arrangements and duration.

The court decision is therefore the prerequisite for applying for the residence permit. The application can be submitted in the manner provided by the competent Police Headquarters (Questura), by postal kit or through local booking systems, where available.

The permit is then issued by the Questura, and its validity is generally determined by the foster care period set by the Court.

Duration and renewal of the permit

The duration of the residence permit for foster care is not independent of the minor’s situation, but normally follows that of the foster placement ordered by the judicial authority.

When the decision is still valid, or when the Juvenile Court issues further orders justifying the continuation of the placement, renewal of the permit may be requested.

To avoid interruptions in the lawfulness of the stay, it is advisable to submit the renewal application well in advance of the expiry date, ideally at least 60 days before.

The documents attached must allow the Questura to verify that the conditions justifying the permit still exist. For this purpose, the identity document of the guardian or foster carer, the Court’s decision and certificates of school attendance or of the minor’s social integration are particularly relevant.

What happens when the minor turns eighteen?

One of the most important aspects concerns the possibility of continuing to stay in Italy upon reaching adulthood.

Turning eighteen does not necessarily mean that the regularization path must end. Where the conditions laid down by law are met, the young person may consider converting the residence permit for foster care into another permit, compatible with their personal situation and the integration path they have undertaken.

The options include a permit for work, study or family reasons. The choice depends on the specific circumstances and the requirements for each type of residence permit.

Conversion is particularly important for young people who have built an educational, training or professional path in Italy and intend to continue their lives in the country.

Converting the foster care permit into a work permit

The law provides for a specific possibility of converting the foster care permit into a residence permit for employment or self-employment, as set out in Article 32(1-bis) of the Consolidated Immigration Act.

To take advantage of this opportunity, the young person must show that they were placed in foster care by a decision of the Juvenile Court and that they have followed an integration path of at least two years. This path may consist of school attendance, participation in vocational training programs, internships or work experience.

There must also be a genuine willingness to integrate into Italian society and evidence demonstrating the ability to work. In this respect, a job offer or documentation relating to self-employment may be decisive.

A particularly relevant element is that this type of conversion can take place outside the quotas set by the Decreto Flussi (annual entry quota decree). This means that the numerical limits on entries for work do not apply and that there is no need to obtain the nulla osta from the Single Desk for Immigration at the Prefecture.

A protection path that can become an opportunity for integration

The residence permit for foster care is not just an administrative document, but an essential component of the protection path for unaccompanied foreign minors.

Through foster care, the minor can benefit from a suitable family or educational environment, while the lawfulness of their stay allows them to gradually build an educational, social and professional path.

The possibility of renewing the permit and later converting it into a residence permit for work, study or family reasons plays a decisive role in building future prospects.

Understanding the conditions for the issue, duration and conversion of the permit therefore makes it possible to approach the different stages of one’s stay in Italy with greater awareness, preventing the transition to adulthood from jeopardizing an integration path already under way.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.