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

📌 Filing the renewal application within 60 days after expiry is generally tolerated by the authorities.

However, missing the legal deadlines does not automatically lead to expulsion, but it may place the foreign national in an irregular status and significantly increase legal risks.

⚠️ After 60 days from expiry, the residence permit holder is usually considered irregular unless the delay can be properly justified.

What happens after 60 days

If the renewal application is filed more than 60 days after the residence permit has expired:

• The Questura (police headquarters) may refuse the renewal application.
• There is a concrete risk of receiving an expulsion order.
• Future entry into Italy and the Schengen area may become significantly more difficult.

📌 However, Italian law allows late renewal applications to be assessed when the delay is justified by serious and documented reasons, such as illness, force majeure, or objective administrative obstacles.

⚠️ Each case is assessed individually by the competent Questura, and outcomes may vary depending on the circumstances and supporting evidence provided.

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

If your residence permit has expired for more than 60 days, taking prompt and structured action is essential.

• Gather all relevant documents, including your passport, expired residence permit, employment contract, payslips, and any official certificates.
• Collect clear and official proof explaining the delay, such as medical records, hospital certificates, or documentation showing objective administrative obstacles.
• Submit the renewal application through the postal kit or directly at the competent Questura, depending on your case.
• Attend the biometric appointment once scheduled by the authorities.
• If the application is rejected, you may file an appeal before the TAR (Regional Administrative Court) or the Ordinary Court.

📌 Acting quickly and providing well-documented reasons significantly increases the chances of a positive outcome.

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 proper legal assistance and solid documentation, it is often possible to protect your rights and stabilize your legal position in Italy.