Foster care residence permit under Article 31 TUIM: complete guide

Introduction

The foster care residence permit under Article 31 of the Italian Immigration Law (Legislative Decree 286/1998) is a protection tool for foreign minors living in Italy.
This residence permit allows the child, and in certain cases also the parents or guardians, to stay legally in Italy whenever their removal would put at risk the child’s psychological or physical development.

It is based on the principle that the best interests of the child always prevail over other considerations, in line with the Italian Constitution and international conventions.

What Article 31 TUIM provides

Article 31 establishes two distinct cases:

Paragraphs 1 and 2 – Residence permits issued to minors placed in foster care, either with families or under social services.
Paragraph 3 – Residence permits granted to foreign parents of minors in Italy, when expelling the parents would cause serious harm to the child’s psychological or physical well-being.

👉 In both cases, the law ensures that the child grows up in a stable and safe environment.

Main requirements

For the minor

Must be present in Italy.
Must be in foster care as ordered by the Juvenile Court or social services.

For the parents (Article 31, paragraph 3)

Must have a minor child living in Italy, even if born in Italy.
Must prove that staying in Italy is necessary to ensure the child’s development and integration.
Must demonstrate that removal of the parents would represent a serious risk to the child’s well-being.

Application procedure

1. For minors in foster care

The Juvenile Court issues a foster care order.
With this order, it is possible to apply at the local Questura (Immigration Police) for a foster care residence permit.

2. For parents of minors (paragraph 3)

The parents must file an application with the Juvenile Court.
The Court, after reviewing the documentation, may authorize the parents to stay in Italy.
With the Court’s authorization, the parents can apply at the Questura for a residence permit for family reasons.

Duration and renewal

The foster care residence permit has a limited duration, set by the Juvenile Court (generally between 1 and 2 years).
It can be renewed as long as the conditions that justified its issue remain valid.
It is not directly convertible into another type of permit, but in some cases it may allow a subsequent application for a family residence permit or even Italian citizenship based on residence.

Rights granted

Holders of a foster care residence permit may:

Legally reside in Italy.
Access healthcare services.
Attend school (for minors).
In certain cases (parents under paragraph 3), obtain the right to work.

Differences from other residence permits

It is not a standard family residence permit: it is a special protection linked to the child’s situation.
It is granted only after judicial assessment by the Juvenile Court.
It has a limited and temporary duration, tied to the child’s condition.

Legal references and useful sources

Legislative Decree 286/1998 (Italian Immigration Law), Article 31.
UN Convention on the Rights of the Child (1989).
Italian Constitutional Court and Supreme Court rulings reaffirming that the child’s best interests prevail over the State’s interest in expulsion.

Conclusion

The foster care residence permit under Article 31 TUIM is a key instrument to guarantee that the child’s best interests are fully protected.
It allows minors and, in specific cases, their parents to remain in Italy legally, ensuring stability, family unity, and proper integration in the social and cultural life of the country.