Renewal of an Expired Residence Permit in Italy after 60 days: complete guide

Introduction

In Italy, a residence permit (permesso di soggiorno) 🛂 must be renewed before it expires, usually within 60 days. But what happens if the application is filed after this deadline?

Many foreign citizens face this situation due to bureaucratic delays, missing documents, or personal difficulties 📑. In this guide, we explain the consequences, possible exceptions, and the procedure for renewal of an expired residence permit through a lawyer 👩‍⚖️👨‍⚖️.

The 60-day rule

According to Article 5 of the Immigration Law (D.Lgs. 286/1998):

• For permanent work contracts, renewal should be filed 90 days before expiry.
• For most other permits, 60 days before expiry.
• For short-term permits (study, internship), 20 days before expiry.

📌 Filing the application within 60 days after expiry is generally tolerated.
Beyond this limit, the foreigner falls into an irregular status ⚠️.

What happens after 60 days

If renewal is requested more than 60 days after the permit expired:

• The police headquarters (Questura) may refuse renewal ❌.
• There is a risk of an expulsion order 📄.
• Returning to Italy legally may become very difficult.

However, the law allows the delay to be justified with serious reasons (illness, force majeure, official obstacles).

Recognized exceptions

Italian case law 📚 has established that:

• If the delay is justified with strong evidence (e.g., hospitalization 🏥), renewal may still be accepted.
• Each Questura evaluates the situation individually, especially when the worker still has a valid employment contract.
• In family reunification cases 👨‍👩‍👧, more flexibility is often granted.

How to regularize your status

1. Gather documents: passport, expired permit, work contract, payslips, certificates.
2. Justify the delay with official evidence (medical certificates, official documents).
3. Submit the application via the postal kit 📮 or directly at the Questura.
4. Wait for the appointment for biometric data.
5. If rejected, file an appeal before the TAR (Regional Administrative Court).

Renewal of an expired residence permit through a lawyer

If more than 60 days have passed, the foreign citizen can request a renewal of an expired residence permit through a lawyer specialized in immigration law 👩‍⚖️👨‍⚖️.

The lawyer will:

1. Submit the application to the competent Questura 🏛️.
2. Attach all necessary documents (passport, expired permit, work contract, evidence of valid reasons for the delay).
3. Start the process of review by the competent authorities.

The Questura will examine the request and evaluate the reasons for the delay. If the application is rejected, the lawyer can file an appeal before the TAR or the Ordinary Court to protect the foreign citizen’s rights.

Main risks ❌

• Possible expulsion from Italy.
• Travel restrictions within the Schengen area ✈️.
• Loss of regular employment.
• Obstacles for future renewals or long-term residence.

Practical tips 💡

• Never wait until the last day: start the renewal process early.
• Always keep copies of all submitted documents.
• If late, collect official proof of the reasons.
• Contact a lawyer immediately if more than 60 days have passed.
• Ask your employer for a statement confirming employment.

FAQ

Can I keep working if my permit expired more than 60 days ago?
👉 No, without proof of a renewal application, you cannot legally work.

If I have serious reasons, will the Questura accept my application?
👉 It depends: the decision is discretionary, but solid evidence increases the chances.

What if my renewal is refused?
👉 You can appeal through a lawyer to the TAR or the Ordinary Court.

Conclusion

The renewal of an expired residence permit after 60 days is a complex and risky situation ⚠️ that can lead to refusal or expulsion.

However, with the help of a lawyer and a properly filed application for renewal of an expired residence permit, it is still possible to restore legal status by providing valid reasons and the necessary documentation.

With qualified legal assistance and thorough preparation 📑👩‍⚖️, you can still protect your rights and maintain a stable future in Italy.