Resident permit Italy human rights
Request for asylum, refugee, migrant, displaced person, stateless person. Subsidiary protection
According to Article 10(3) of the Italian Constitution,
a foreigner who, in his home country, is denied the actual exercise of the democratic freedoms guaranteed by the Italian constitution shall be entitled to the right of asylum under the conditions established by law
The legal status of a foreign national may be that of:
- Asylum seeker: A foreign citizen who after having requested, pursuant to the Italian Constitution and the law, the recognition of refugee status or other forms of international protection is waiting for the decision of the competent authority (click here to find out how to have the status of asylum seeker recognised)
- Refugee: A foreign citizen who, because of a well-founded fear of being persecuted for reasons of race, religion, nationality, belonging to a certain social group, or political opinion, is outside the territory of the country of which s/he is a national and cannot or does not, because of this fear, avail himself or herself of the protection of that country. S/he may also be a stateless person who is outside the territory where s/he previously had his/her habitual residence for the same reasons and who cannot or does not wish to return there
- Economic migrants: Foreign citizens who voluntarily decide to leave his or her country of origin in search of a better job and living conditions elsewhere. Economic migrants do not run any danger in their own country, are not legally persecuted and can return there without risk to their security or life.
- Regular migrants: Foreign nationals residing in another country different from their country of origin, with a legal residence permit issued by the competent authority
- Irregular migrant o clandestine: A foreign national who has entered a country by circumventing border controls or who resides illegally beyond the terms provided for by a tourist visa or who has received an order for expulsion or deportation but who has not left the country yet
- Displaced persons: Foreign citizens who due to war, poverty, hunger, or natural disasters, have left their country, but are not in a position to ask for international protection
- Stateless Person: Alien who, according to the 1954 New York Convention, has no nationality or citizenship
Subsidiary protection
It is granted to non-EU citizens who, though not meeting refugee status requirements, need to be protected internationally. Subsidiary protection is granted to those people who, if they returned to their country of origin, could run a serious risk such as:
- death penalty
- torture
- degrading or inhumane treatment
- serious and individual threat to one’s life as a result of widespread violence or armed conflict in the country of origin
Subsidiary protection is also granted to those who can claim the presence in the country of a family member with a legal residence permit or who has already been granted refugee status (click here for the advice of a migrant lawyer).
Unaccompanied foreign minors enjoy international protection established by the Convention on the Rights of the Child for the best interests of the child.
Women who are victims of violence are entitled the same rights granted under refugee status according to the 1951 Geneva Convention
Refugee status is a legal condition that can be acquired or lost in the event of:
- Foreign national voluntarily seeking protection from the State of nationality
- Foreign national who has voluntarily regained lost citizenship
- Foreign national who has acquired a new nationality and enjoys the protection of the new State of which s/he is a national
- Foreign citizen who voluntarily returned to the country which s/he had left
- Foreign citizen whose country has improved the conditions for guaranteeing civil rights to such an extent that the rights which allowed him/her to apply for refugee status in the country in which s/he had applied for asylum are no longer valid
Territorial Commissions for the recognition of International Protection
If the need to grant subsidiary international protection is recognised, the Territorial Commissions grant the foreign citizen a residence permit for subsidiary protection for:
- Access to employment
- Family reunification
For your application for asylum and the issue of a temporary or permanent residence permit, ask for the advice of the Damiani&Damiani International Law Firm for Immigrants
