Residence permit for assistance to minors: does it allow employment?

The residence permit for assistance to minors, provided for under Article 31 of the Consolidated Immigration Act, is a legal instrument designed to protect the best interests of a foreign minor who is stably residing in Italy. It is a residence title that may be granted to a family member of the minor even when that family member does not comply with the rules governing entry and stay in Italian territory, whenever the removal of the family member could cause serious harm to the minor’s development.

Purpose of the residence permit for assistance to minors

The rationale behind this measure is not to indiscriminately regularize the legal status of foreign nationals, but rather to ensure that the minor benefits from an adequate and continuous family environment. The law places the minor’s psychological, emotional, and educational protection at its core, recognizing that the presence of the family member is essential to the child’s balance and growth.

Requirements to obtain the permit

To obtain authorization to stay, it is essential to demonstrate that the family member’s presence in Italy is concretely necessary for the minor’s assistance, care, and education. A formal family relationship alone is not sufficient; the applicant must prove an active and genuine role in the minor’s daily life.

The application will not be granted if it emerges that the family member does not perform any significant function in caring for the minor or that their presence does not have a meaningful impact on the minor’s well-being. The burden of proof lies entirely with the applicant, who must provide suitable evidence of the serious harm that would result from a potential removal.

Who may submit the application

The concept of “family member” used in Article 31 of the Consolidated Immigration Act is broad and is not limited to parents. In addition to the father and mother, other relatives—such as grandparents, brothers, sisters, or other individuals linked to the minor by a significant family relationship—may also submit an application, provided that the actual assistance role performed is demonstrated.

Competent authority to grant authorization

The assessment of the application falls within the jurisdiction of the Juvenile Court, which may authorize the stay even as a derogation from ordinary immigration rules. The judge verifies the existence of “serious reasons” related to the minor’s psycho-physical development, taking into account the child’s age, health conditions, and overall family situation.

In the event of a positive outcome, the Court determines the period for which the family member is authorized to remain in Italy.

Issuance of the residence permit and the possibility to work

Once the decision of the Juvenile Court has been obtained, the family member must apply to the competent Police Headquarters (Questura) for the issuance of the residence permit for assistance to minors. This permit allows the holder to carry out employment activities and, where the legal requirements are met, may subsequently be converted into a residence permit for employment purposes.

The importance of targeted legal assistance

The procedure for obtaining a residence permit for assistance to minors is complex and requires careful assessment of the documentation and legal requirements. For this reason, it is strongly advisable to rely on a lawyer specialized in immigration law, who can provide qualified assistance and properly manage each stage of the procedure, from filing the application with the Juvenile Court to the issuance of the permit by the Questura.

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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.