Revocation of the residence permit: how to appeal?


Revocation of the residence permit: how to appeal?

If you are a foreign citizen who holds a residence card for long-term residents and have been notified to you a decision to revoke your residence card, I advise you to carefully read this article, in which I explain what to do and how to behave in these cases.

What does the law provide in Italy?

The Article 9, paragraph 4 of the Italian Immigration Law provides that the residence permit for long-term residents cannot be issued to all those subjects who can be considered “dangerous for public order or the security of the State“.

This means that, in the event that you can be considered a dangerous for public order, even if you have already obtained a residence card, this can always be revoked by the Italian Questura.

What happens if I have committed a crime in Italy?

First of all you must know that to assess the danger, should be also considered the commission of any crimes by you, since foreign citizens who are part of mafia-type criminal associations as well as foreign citizens considered guilty for the serious crimes provided for in articles 380 and 381 of the criminal procedure code are considered dangerous for public order.

Therefore, if you have committed a serious crime, the Questura can order a provision to revoke your residence card.

Well, you must know that the Questura, even before notifying you of a provision to revoke the residence card, is obligated to send you a notice, pursuant to Law 241 of 1990, in which informs you of the desire to revoke your residence card, giving you a deadline of 10 days to send any memories against this provision.

It is very important to respect this 10-day deadline and then respond promptly to the Questura, because already in the memorandum you send, you can assert your reasons and represent your conditions in Italy, the situation of your family and your insertion in the Italian territory.

When is it not possible to revoke the residence permit in Italy?

You must know, in fact, that even in the case of commission of serious crimes, the revocation of the residence card cannot always be ordered, as the Questura is always obligated to verify;

1) The nature of the crime you are accused of;

2) The danger that you can represent for public order or public security;

3) The duration of your stay in Italy;

4) The existence of ties, including of a family nature, in Italy;

5) The absence of links with your country of origin.

In fact, you must understand that a criminal sentence of conviction, by itself, cannot in any way justify a provision to revoke the residence card, since the general situation of the foreign citizen in Italy must always be verified and not only the commission of crimes.

What can be done against the revocation of the residence permit in Italy?

In the event that you have been notified the revocation of the residence card by Questura, you must know that it is always possible to appeal, the important thing is to respect the deadlines set by the law and contact a lawyer who has experience in this matter.

Against this provision, in fact, you can propose both an appeal to the Regional Administrative Court, within 60 days from the moment of notification of the provision by the Questura, and also a hierarchical appeal to the Prefect, within 30 days from the notification of the provision.

It is very important that you know that with the appeal you can also request the suspension of the revocation of the residence card, which will allow you to live in Italy without problems until the decision of the Judge.

Clearly, as I said before, for the appeal it is very important that you contact a lawyer who deals specifically with immigration matters, since your possibility of living regularly in Italy and in Europe is at stake.

 Why contact an expert lawyer for revocation of residence permit in Italy?

The best defense that can be guaranteed is a result acquired only with experience and in-depth knowledge of legal regulations.

In the case of immigration law, it is important to know Italian and international legislation and have experience accumulated over the years. That is why you should trust an immigration lawyer H24 in Italy.

Do you have an immigration problem in Italy? Contact Us! Read here the article on how we can help you with immigration problems in Italy.

What is our working method?

By contacting a lawyer for revocation of residence permit in Italy, you can:

Get an immediate quote without future surprises. Each defensive choice will be agreed with you in advance, you will not have any unpleasant surprises and you will not have to incur any unforeseen costs. From the beginning, you will know the costs that you will have to face.

Always stay informed of our professional activity carried out in your exclusive interest. You will be updated step by step on what we are doing and what will happen. We will explain things to you so you can understand the difficult language of the law.

We are always by your side and you can always count on us. Our firm is called Criminal Lawyer H24 because we always operate 7 days a week, 24 hours a day, every day at any time of the day or night.

Read our other articles on this topic:

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