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What happens when my humanitarian permit expires?
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As you may already know, Italy has stopped
issuing humanitarian protection or renewing humanitarian permits. This
means that, since the Salvini Decree went into force October 5, 2018,
some things have changed. A few important developments:
⚠️ Questure are no longer renewing or issuing the permesso for humanitarian protection, the Permesso per Motivi Umanitari.
⚠️
To stay in Italy legally after your humanitarian permit expires, you’ll
need to get either a work permit or another kind of permesso.
⚠️
These days, many people who go to the questura and does'nt meet the requirements to get a work permit are getting a new kind of permesso called the Permesso per Protezione Speciale, which cannot be converted to a work permit later.
If
you were granted humanitarian protection, read on for what to expect
at your next questura appointment now that the Salvini Decree is in force.
👉 If you have a job
If you are supporting yourself through work, you may be eligible to convert your humanitarian permit to a Permesso di Soggiorno Per Motivi di Lavoro (work permit).
In Italy, there are 2 kinds of work permits:
Permesso di Soggiorno per Motivi di Lavoro Subordinato, for people who are employees of a company or organization
Permesso di Soggiorno per Motivi di Lavoro Autonomo, for people who are self-employed, either as freelancers or as business owners
You’ll have to meet certain minimum income standards, provide other paperwork, and show your national passport.
📃 Preparing in advance
If you want to request a work permit, the legal experts at ASGI advise that you:
Talk to a helpdesk or lawyer right away to start preparing your documents.
Ask your lawyer to send your job contract, or other paperwork showing you’re working, to the questura via certified email as soon as possible.
Make sure that at your appointment, you ask to convert your permit to a work permit, and not to renew your humanitarian permit.
Tell the questura that you have a job during your appointment. If you don’t, they may give you another kind of permesso, and that decision can be very hard to appeal.
👉 If you don't have a job
If
you don’t have a job or you don’t meet the criteria to convert your
humanitarian permit to a work permit, the experts at ASGI say it’s still
a good idea for you to contact a lawyer.
If you don’t have a
job, the questura will consider you for other permessi, including a new
permesso created under the Salvini Decree called the Permesso di Soggiorno per Protezione Speciale.
Under
the law, the Permesso per Protezione Speciale is for people who face
persecution and torture in their countries of origin. Lawyers don’t know
yet who is most likely to get this permit.
Usually,
the Permesso per Protezione Speciale is valid for 1 year, but lawyers from ASGI reports that right now, questure are giving many people a
6-month Permesso per Protezione Speciale while they wait for the
commission to decide if they qualify for a 1-year Permesso per
Protezione Speciale.
It’s important to know that this permesso can’t be converted to a work permit, but it can be renewed.
You and a lawyer can discuss the best option for you before your appointment.
👉 If you had your appointment recently
A few common questions: I have a job, but the questura gave me a 6-month Permesso per Protezione Speciale instead of a work permit! What do I do?
This could have happened because:
You didn’t meet the requirements for a work permit
You didn’t tell the questura that you have a job
The questura didn't get your supporting documents in time
Someone made a mistake
If this has happened to you, legal experts advise that you contact a lawyer right away.
You may wish to appeal your decision and try to get a Permesso per
Motivi di Lavoro instead, but you have a very short period of time to do
so, and you’ll need a lawyer.
If you did not tell the questura
that you are working before they issued your Permesso per Protezione
Speciale, your appeals process may be a little bit tricker, but it’s
still a good idea to talk to a lawyer and consider appealing, ASGI
advises. My lawyer told me I have been granted
humanitarian protection, but I got a 2-year permesso that says “casi
speciali” on it. Can I convert my permesso to a work permit?
Yes,
you can, if you meet the requirements. 2-year permessi like yours that
say “casi speciali” come with all the same rights and permissions as a Permesso per Motivi Umanitari. That includes the right to ask to convert your permesso to a work permit.
Legal experts say that no matter when your humanitarian permit is set to expire, the right time to seek legal advice is now.
For subsidiary protection holders: Permesso per Protezione Sussidiaria What is this permesso for? You are entitled to subsidiary protection and the Permesso di Soggiorno per Protezione Sussidiaria if you don’t fulfill all the requirements for refugee status, but still face a real risk of suffering serious harm if you return to your country of origin. Serious harm means the risk of: Death penalty or execution Torture or inhuman or degrading treatment or punishment Serious and individual threat to your life by reasons of indiscriminate violence in situations of international or internal armed conflict How long is it valid for? This kind of permesso is valid for 5 years and can be renewed. How long will it take to get it? Italian government guidelines suggest it should take no longer than 1 year between the time you go for your commission interview and the time you get your Permesso per Protezione Sussidiaria. Unfortunately, most of the time, you may need to
Traveling outside Italy: EU long-stay permit: Working and studying outside Italy If you have subsidiary protection or refugee status (5-year permesso di soggiorno) or a work permit in Italy, but want to work or study in a different EU country legally, you will need a “Permesso di soggiorno UE per soggiornanti di lungo periodo.” In English, this means an EU permit for long-stay residents, and was previously called a "carta di soggiorno" in Italian. Without this permit, if you leave Italy to work or study, you will probably lose your status in Italy. But once you have this kind of permesso di soggiorno, you become eligible to take work or study opportunities in other EU countries without losing your right to live and work in Italy. The permesso is valid for an undetermined period of time. You will need to update the basic information on your permesso, such as your photo and address, every 5 years for it to remain valid as an ID document. You can upd
For humanitarian protection holders: Permesso per Motivi Umanitari (now known as "casi speciali") As of October 5, 2018 — the date the Salvini Decree went into effect — Italy no longer issues humanitarian protection or Permessi di Soggiorno per Motivi Umanitari. instead it has been replaced by a new protection known as casi speciali What is this permesso for? Italy issued humanitarian protection (the Permesso di Soggiorno per Motivi Umanitari) to asylum applicants whom it did not consider eligible for refugee status or subsidiary protection, but who still needed a form of protection. Italy gave humanitarian protection to applicants including, for example, those with special needs related to age or health conditions, and those from countries that were very dangerous but not for reasons that usually qualify applicants for subsidiary protection. How long is it valid for? This permesso is valid for 2 years. If you hold this permesso and it has not yet expir
Yes,
you can, if you meet the requirements. 2-year permessi like yours that
say “casi speciali” come with all the same rights and permissions as a Permesso per Motivi Umanitari. That includes the right to ask to convert your permesso to a work permit. 
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