Appeal to the TAR for delays or refusal to issue your residence permit

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.