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ItalyAsylum / refugee status

Political asylum in Italy

International protection status for people fleeing persecution at home who cannot ask their own state for help. Italian law distinguishes refugee status from subsidiary protection, which is granted to those facing serious harm without the classic signs of persecution. The application is examined by a territorial commission attached to the Ministry of the Interior. The applicant does not prove income and does not look for a sponsor: everything turns on the threat at home.

Visa term
Permesso for 5 years, renewable
Threshold
No state fee; reception system (SAI/CAS)
Processing time
Months to more than a year; appeals add years
Work
Right to work on the same terms as citizens

Source: normattiva.it — Legislative Decree 251/2007: refugee status (chapter III)

Who receives refugee status and who receives subsidiary protection

Italian law on international protection divides applicants into two groups according to the nature of the threat at home, but both are decided by the same authority.

Classic refugee status

  • Well-founded fear of persecution on grounds of race, religion, nationality, political opinion or membership of a particular social group (arts. 7–8 of D.Lgs. 251/2007)
  • Is outside the country of origin and cannot or will not avail themselves of its protection
  • The decision is taken by the territorial commission for the recognition of international protection after a personal interview

Subsidiary protection

  • No grounds for refugee status, but return home would expose the person to the death penalty, torture or inhuman treatment (art. 14 of D.Lgs. 251/2007)
  • Or to a serious and individual threat to life arising from indiscriminate violence in an armed conflict
  • The same authority and the same examination procedure as for refugee status

When this programme will not suit you

I want to move to Italy to work or study, but there is no persecution at home

A standard Italian work or study visa — Asilo Politico is intended only for people genuinely facing persecution or serious harm

I already hold EU citizenship or a status in another member state

The qualification decree applies only to non-EU nationals and stateless persons (art. 1 of D.Lgs. 251/2007) — EU citizens cannot claim asylum

I may have been involved in war crimes, crimes against peace or serious criminal offences outside Italy

Such grounds expressly exclude a person from refugee status and subsidiary protection (arts. 10, 12, 16 of D.Lgs. 251/2007) — this calls for a criminal defence lawyer, not an application for international protection

At home I simply face poverty or a lack of prospects, with no threat directed at me personally

Economic reasons do not constitute grounds for asylum under arts. 7–8 and 14 of D.Lgs. 251/2007 — consider the work or business programmes offered by Nomad Solutions

What it costs

Lodging an application for international protection and having it examined by the commission are entirely free procedures. No state fee is charged for the procedure. The only possible costs relate to the family: consular certificates of family ties are issued at the expense of the persons concerned.

Lodging and examination of the asylum application0 USD
Issue of the applicant's document and of the residence permit0 USD
Total government feesThe sum of the mandatory rows in the table.0 USD

Documents to gather

The law gives no separate approved list of documents — the questura and the commission work from the applicant's obligations listed in art. 11 of D.Lgs. 25/2008.

  • Personal attendance when lodging the application — the status cannot be claimed through a representative or by post (art. 6 of D.Lgs. 25/2008)
  • Passport and any documents establishing identity, age and nationality, if the applicant has them (art. 11 of D.Lgs. 25/2008)
  • Details of the countries where the applicant stayed or through which they travelled on the way to Italy (art. 11 of D.Lgs. 25/2008)
  • Access to the applicant's electronic devices, where this is necessary to establish identity (art. 11 of D.Lgs. 25/2008)
  • Current address of residence — every change of address must be reported to the questura (art. 11 of D.Lgs. 25/2008)
  • Any evidence of persecution or of the risk of serious harm — presented in person at the interview before the commission (art. 12 of D.Lgs. 25/2008)

How the process runs

Under the reform built on EU Regulation 2024/1348, the application is registered by authorised organisations through the Ministry of the Interior portal, or directly by the questura or the border police.

  1. 1

    Statement of the intention to seek protection

    The applicant states in person the wish to obtain international protection — through organisations connected to the Ministry of the Interior portal, or directly at the questura or the border police if they are passing border control, have been detained or are in custody (arts. 6, 26 of D.Lgs. 25/2008).

  2. 2

    Registration of the application and issue of the applicant's document

    The questura or the border police registers the application, hands over the information leaflet on rights and obligations (art. 21 of D.Lgs. 251/2007) and issues the document confirming the status of a person awaiting a decision (art. 26-bis of D.Lgs. 25/2008).

  3. 3

    Personal interview before the territorial commission

    no later than 30 days from receipt of the application

    The commission interviews the applicant, except where there are already grounds to grant the application, or where medical contraindications are confirmed by a certificate (art. 12 of D.Lgs. 25/2008).

  4. 4

    Decision of the territorial commission

    3 working days after the interview in a standard case; where necessary — up to 6 months, extendable by a further 9 and, in exceptional cases, by another 3 months

    The commission recognises refugee status or subsidiary protection, or refuses the application. By law the maximum examination period is up to 18 months from lodging, where the case is complex, many applications arrive at once or the applicant does not cooperate (art. 27 of D.Lgs. 25/2008).

  5. 5

    Appeal against a refusal in court

    A refusal may be challenged before the ordinary courts; until the first-instance judgment the applicant is as a rule entitled to remain in Italy (arts. 7, 35 of D.Lgs. 25/2008).

Who you can bring with you

The family reunification rules for refugees are softer than the general ones: there is no need to prove the income and accommodation that the law requires of other foreign nationals.

Spouse
At least 18 years old and not legally separated from the applicant; the procedure is the same as for other foreign nationals, but without the income and accommodation requirements of art. 29(3) (art. 29-bis of D.Lgs. 286/1998)
Minor children
Unmarried, including children from another marriage or born outside marriage (with the consent of the other parent), as well as adopted children and children under guardianship (art. 29 of D.Lgs. 286/1998)
Adult dependent children
Only where their state of health leaves them entirely unable to work and objectively unable to support themselves (art. 29 of D.Lgs. 286/1998)
Dependent parents
Where the applicant has no other children in the country of origin; parents over 65 — where the other children are documented as unable to support them for serious health reasons (art. 29 of D.Lgs. 286/1998)
Unaccompanied minor refugee
Direct relatives in the ascending line of the first degree, that is the parents, are allowed to enter and reside (art. 29-bis(3) of D.Lgs. 286/1998)

Trips, renewal and the grace period

Live in Italy; returning to the country of origin is not allowed

The residence permit for both refugee status and subsidiary protection is valid for 5 years and is renewable (art. 23 of D.Lgs. 251/2007). For subsidiary protection renewal is not automatic: the questura checks again whether the conditions that justified the grant still hold. The refugee travel document following the Geneva Convention model is likewise issued for 5 years with the right of renewal (art. 24 of D.Lgs. 251/2007). After 5 years of continuous lawful residence you may apply for EU long-term residence — it is issued within 90 days, is valid for 10 years (5 years for minors) and is renewed automatically; holders of international protection do not have to document the suitability of their accommodation and, unlike other foreign nationals, do not have to sit the Italian language test (art. 9 of D.Lgs. 286/1998). Refugees, like stateless persons, may apply for citizenship after 5 years of lawful residence instead of the 10 years required of other foreign nationals, because the law places a refugee on a par with a stateless person (art. 16 of Law No. 91/1992; the period is set by art. 9 of the same law); this requires proof of Italian at level B1 or above (art. 9.1 of Law No. 91/1992).

How it differs from the routes next to it

The comparison is built from the official terms of the routes themselves — the source links sit on their own pages.

Political asylumSubsidiary protectionSpecial protection
Visa termPermesso for 5 years, renewablePermesso for 5 years, renewablePermesso usually for 2 years, renewable
MoneyNo state fee; reception system (SAI/CAS)No state fee; reception systemFee of about EUR 98 plus the duty stamp; state legal aid possible
WorkRight to work on the same terms as citizensFull access to workAllows work (employed/self-employed); SSN, residenza
ResidenceLive in Italy; returning to the country of origin is not allowedLive in Italy; a return home may lead to withdrawal of the statusResidenza can be obtained; live in Italy

What comes next: permanent residence and citizenship

Route to permanent residence

EU long-term residence after 5 years (income, accommodation, A2)

Route to citizenship

Citizenship for refugees after 5 years; B1

Frequently asked questions about Political asylum

How long does the law allow for examining an asylum application?
In a standard case the commission holds the interview within 30 days of receiving the application and decides within 3 working days afterwards. If further evidence has to be gathered, the period grows: the law allows up to 6 months for the whole procedure, extendable by a further 9 months (complex cases, a surge in applications, a non-cooperative applicant) and, in exceptional cases, by another 3 months. That makes the statutory maximum up to 18 months, and an appeal adds separate time in court.
What work rights come with recognised refugee status or subsidiary protection?
The law expressly places refugees and holders of subsidiary protection on a par with Italian citizens for employment and self-employment, registration in professional registers, vocational training and traineeships. Access to public-sector work is open as well — on the same terms and with the same limits as for EU citizens.
What happens if a refugee travels home once after obtaining the status?
The law expressly names voluntary return to the country the person left out of fear of persecution as one of the grounds for the cessation of refugee status. The clarification now in force extends this to any entry into the country of origin, however brief, unless it is justified by serious and proven reasons and kept strictly to the time necessary.
Does a refugee have to sit the Italian test for EU long-term residence?
No. For all other foreign nationals the permesso di soggiorno UE per soggiornanti di lungo periodo depends on passing the Italian language test, but the law expressly exempts holders of international protection — refugees and persons with subsidiary protection — from that requirement.
Who decides the application and where can a refusal be challenged?
The application is decided by the territorial commission for the recognition of international protection — the same body for refugee status and for subsidiary protection. A refusal may be challenged before the ordinary courts; while the case is pending at first instance the applicant is as a rule entitled to remain on Italian territory.
Is a state fee payable for lodging an asylum application?
The procedural articles of the decree — on lodging, registration, the interview and the commission's decision — never mention a state fee for lodging or examining an application. The only charge the law expressly names concerns the family: where a refugee has no official documents proving family ties, the consular certificates needed for reunification are issued at the expense of the persons concerned.

Other ways to move to Italy

Every route in one list — migration programmes: Italy.

The terms and the amounts are checked against official sources — the link sits under each section.Last checked on: 8 August 2026.