Introduction
Your residence permit is essential to live and work legally in Italy. But what if the Questura doesn’t issue it or leaves your application pending for months, even after a formal request from your lawyer?
In this situation, Italian law allows you to act: you can file an appeal to the Regional Administrative Court (TAR), which can force the Questura to complete the process within a set timeframe. ⚖️
When you can appeal to the TAR
You can file an appeal when:
- More than 180 days have passed since you submitted your application (Art. 2, Law 241/1990).
- Your lawyer sent a formal reminder and received no reply.
- The Questura keeps postponing or refuses to provide updates.
In this case, the administration’s silence is considered illegal. 💡
What is a “silence-incompliance” appeal
This appeal doesn’t question whether you deserve the permit — it simply forces the Questura to make a decision.
It’s based on Articles 31 and 117 of the Administrative Procedure Code (Legislative Decree 104/2010).
Your lawyer asks the TAR to order the Questura to:
- review your application;
- issue a final decision (approval or refusal);
- do it within a deadline, usually 30 or 60 days. ⏳
How long it takes and what it costs
On average, the appeal is filed within 1–2 months from when the delay becomes evident.
Typical costs:
- Unified court fee of around €300;
- Lawyer’s fee (usually between €700 and €1,500, depending on the case).
If the court accepts the appeal, the Questura must act and can even be ordered to reimburse your legal expenses. 💶
When the appeal is most effective
It’s especially useful when:
- You’ve already provided all required documents;
- The delay has lasted over six months;
- You have urgent needs (job, family reunion, travel plans).
A lawyer specialized in immigration and administrative law can evaluate whether to file the appeal or send a final legal reminder first. 📄
What if the Questura still doesn’t comply?
If the Questura ignores the TAR’s ruling, your lawyer can:
- request the appointment of a commissioner ad acta, who replaces the Questura and finalizes the process;
- demand compensation for damages due to unjustified delay. ⚠️
Real-life examples
Here are a few successful cases:
- Work permit: pending for 8 months — TAR Rome ordered the Questura to issue it within 45 days.
- Family permit: after two unanswered reminders, TAR Lombardy ordered a decision within 30 days.
- Unmotivated refusal: TAR annulled the decision for lack of proper justification.
These cases prove that legal action works when public offices fail to act. ⚖️
Conclusion
Delays by the Questura are not just frustrating — they can put your entire life in Italy on hold: job, family, and rights.
A TAR appeal, handled by an experienced immigration lawyer, is the most effective way to protect your rights and obtain your residence permit.
