The steps of the case
- 1
Assessing the case
We listen to the family's story: the children's age and health, school, ties, who looks after them. We assess whether there are the "serious reasons" the law requires.
- 2
Collecting the evidence
We collect documents on school, health, the relationship with the parent and the consequences of the parent being removed. Reports from paediatricians, psychologists and teachers may be needed.
- 3
Appeal to the Juvenile Court
The office's in-house lawyers prepare and file the appeal to the Juvenile Court (Tribunale per i minorenni) of Milan.
- 4
Hearing and decision
We go with you to the hearing and follow the decision. If the Court says no, we assess a complaint (reclamo) against the decision.
- 5
Permit for care of a minor
With the Court's authorisation, the permit for care of a minor is requested from the police immigration office (Questura). We follow you until collection and renewals.
What Article 31 is
Article 31, paragraph 3, of Legislative Decree 286/1998 allows the Juvenile Court (Tribunale per i minorenni) to authorise a family member to enter or stay in Italy to protect a child. There must be serious reasons linked to the child’s psychological and physical development, taking into account the child’s age and health.
The authorisation is valid for a set period and can be given even as an exception to the other immigration rules. It is therefore a possible route even for people without a permit or who have received an expulsion.
The Court can revoke it if the serious reasons end or if the family member behaves in a way that is incompatible with the child’s needs or with staying in Italy.
Who can apply
The parent or another family member of a minor who lives in Italy can apply, when their presence matters for the child’s growth.
The “serious reasons” are not only serious illnesses. The Court of Cassation (Cassazione), in its Joint Sections, made clear as early as 2010 that the harm the child would suffer if the parent were suddenly removed can also be considered. Courts do not grant it automatically, though: every situation is assessed in concrete terms.
Criminal record: what the Court of Cassation says
With judgment no. 15750 of 2019, the Joint Sections of the Court of Cassation held that a criminal conviction does not by itself lead to refusal. The judge must assess whether the person is a concrete and current danger and balance this against the child’s interest, which has priority but not absolute value.
What counts, for example, is how much time has passed since the facts and the progress made in rebuilding a life in the meantime.
How it works in Milan
- An appeal is filed with the Juvenile Court of Milan, with a lawyer.
- The Court examines the documents and the family situation and may set a hearing.
- If the authorisation arrives, the permit for care of a minor is requested from the Questura.
The permit has the same length set by the Court and can be renewed. It allows you to work, but cannot be converted into a work permit (Art. 29, paragraph 6). For this reason, before it expires, it is wise to think about the next step.
Common mistakes
- Filing an appeal without concrete evidence of the bond with the children.
- Thinking that having a child in Italy is enough: serious reasons are needed, and they must be proved.
- Not planning for the expiry of the authorisation.
- Ignoring an expulsion that has already been served: it has to be handled in parallel.
How we help you
We assess honestly whether your case meets the conditions, collect the evidence with you and hand the appeal to the office’s in-house lawyers, who follow you until the permit and the renewals.
- First consultation: 60 €, about 30 minutes, in the office or online on WhatsApp.
- Sofia, the office’s assistant, answers on WhatsApp in 8 languages and books your appointment: use the booking button on this page.
What to bring to the consultation
- Passports of parents and children
- Birth certificates of the children
- Certificates of school enrolment and attendance for the children
- Medical documents for the children, if there are health problems
- Reports from teachers, paediatricians, psychologists or social services, if they exist
- Proof of family life in Italy: residence, home, work of the other parent
- Any expulsion decisions or criminal records
Frequently asked questions
What does Article 31(3) provide?+
The Juvenile Court, for serious reasons linked to the child's psychological and physical development, can authorise a family member to enter or stay in Italy for a set time, even as an exception to the other rules.
Can I work with an Article 31 permit?+
Yes. The permit for care of a minor allows you to work, but it cannot be converted into a work permit (Art. 29, paragraph 6, Legislative Decree 286/1998).
Does the child need to be seriously ill?+
No, not necessarily. According to the Court of Cassation (Cassazione), the serious reasons can also cover the harm the child would suffer from the parent's sudden removal. Each case has to be assessed.
I have a criminal conviction: can I still apply?+
Yes. According to the Joint Sections of the Court of Cassation (judgment 15750/2019) a conviction does not lead to automatic refusal: the judge must assess the concrete and current danger and balance it against the child's interest.
Who files the appeal?+
The appeal is filed with the Juvenile Court, with the help of a lawyer. In our office the in-house lawyers deal with it.