What is Special Protection?
There special protection it is a form of complementary protection provided for by the Italian legal system, regulated by theArticle 19 of the Consolidated Law on Immigration (Legislative Decree 286/1998) and byart. 32, paragraph 3 of Legislative Decree 25/2008It is granted to those who cannot be expelled or refouled because they risk persecution, torture, or inhuman or degrading treatment in their country of origin.
It differs from other forms of protection:
The Regulatory Framework: Art. 19 TUI
Special protection is based on three key provisions:
- Art. 19, paragraph 1 TUI: absolute prohibition on expulsion or refoulement to a country where the foreigner risks persecution on grounds of race, sex, sexual orientation, gender identity, language, citizenship, religion, political opinions or personal/social conditions
- Art. 19, paragraph 1.1 TUI: prohibition of refoulement to a State where the person risks torture or inhuman treatment, or where the obligations set forth in art. 5, paragraph 6 TUI apply
- Art. 5, paragraph 6 TUI: closing clause which imposes compliance with the constitutional and international obligations of the Italian State - including theart. 8 ECHR (right to private and family life)
When the Territorial Commission does not recognise refugee status or subsidiary protection, but considers that the conditions of Article 19 are met, it transmits the documents to the Questore for the issuing of a two-year permit for special protection (art. 19, paragraph 1.2 TUI).
What Has Changed with the Cutro Decree (2023)
The Legislative Decree 20/2023 (cd “Cutro Decree”), converted into Law 50/2023 and entered into force on May 5, 2023, introduced significant changes:
| I wait | Before the Cutro Decree | After the Cutro Decree |
|---|---|---|
| Direct request to the Questore | Yes, possible | No — only through an asylum application |
| Reference to art. 8 ECHR | Explicit in the law | Removed from the text, but maintained by jurisprudence |
| Integration/privacy criteria | Listed in the standard | Repealed, then reaffirmed by the Supreme Court |
| Conversion into a work permit | Yes, automatic | No (except for transitional regime) |
| Duration of permit | 2 years | 2 years (unchanged) |
| Opportunity to work | Yes | Yes (unchanged) |
The Court of Cassation Reaffirms the Protection (Ruling 29593/2025)
Key ruling: Supreme Court ruling no. 29593 of 10 November 2025
"Even following the changes introduced by Legislative Decree no. 20 of 2023, foreign citizens are entitled to complementary protection when the conditions for the protection of the right to private and family life are met."
The Court has identified a “regulatory bridge”Article 19, paragraph 1.1 of the TUI refers to Article 5, paragraph 6 of the TUI, which requires compliance with constitutional and international obligations—including Article 8 of the ECHR. This mechanism makes the protection of private and family life unavoidable, regardless of the repeal of the explicit provisions by the Cutro Decree.
The Court of Cassation confirmed the evaluation criteria (in continuity with SS.UU. n. 24413/2021):
- Social and work inclusion in Italy
- Length of stay and effective integration
- Family ties consolidated in Italy
- Comparison between the conditions in Italy and those in the country of origin
- Disproportionate sacrifice of fundamental rights in case of repatriation
The fact that the integration developed during the procedural times does not reduce its legal weight. Reasons of national security or public order remain unaffected if they prevail.
Latest News 2025-2026
- Law 80/2025 (Security Decree, June 2025): simplification of expulsion and repatriation procedures, PEC notification to asylum seekers
- Bill on the EU Pact on Migration and Asylum (February 2026): Approved by the Council of Ministers on February 11, 2026, it provides for the implementation of the European Pact of May 14, 2024. It specifies that family ties and integration must be assessed "based on the specific nature of the relationship, length of residence, and connections with the country of origin." The parliamentary process is ongoing.
- Reform of the Common European Asylum System: expected for June 2026, it could also have significant impacts on Italian special protection
- Circular from the Ministry of the Interior, May 31, 2024: clarifies the possibilities of conversion into a work permit (see dedicated section)
Statistics 2024 (source ISMU/Eurostat)
Despite the restrictions of the Cutro Decree, special protection remains the most recognized form of protection in Italy (41% of positive outcomes in 2024, compared to 38% for subsidiary protection and 7.6% for refugee status).
Who Is Entitled to Special Protection Today
In light of current legislation and case law, anyone who falls into one of the following categories is entitled to special protection:
A) Prohibition of refoulement (art. 19, co. 1 and 1.1 TUI)
- Risk persecution for reasons of race, sex, sexual orientation, gender identity, language, citizenship, religion, political opinions or personal/social conditions
- Risk torture or inhuman treatment or degrading in the country of origin
- He would be sent back to a country where protection from persecution is not guaranteed.
B) Protection of private and family life (jurisprudential route)
- He developed significant private and family life ties in Italy
- It has achieved an effective social and work integration
- He has been living in Italy for a significant period of time
- Repatriation would entail a disproportionate sacrifice of fundamental rights
C) Situations of vulnerability
- Serious health conditions not curable in the country of origin
- Victims of human trafficking
- Victims of domestic violence
Step-by-Step Guide: How to Apply for Special Protection
1 Before the question: preparation
Where to go: Immigration Office of the Questura of the province where you are, or to the border police upon entering Italy.
Documents to collect:
- IdentityPassport or any other identification document from your country. If you don't have one, you can still apply.
- Evidence of risk: newspaper articles, NGO reports (UNHCR, Amnesty, Human Rights Watch), complaints, threatening letters, photos, videos, messages
- Medical certificates: reports documenting trauma, signs of torture or violence, serious health problems
- Integration tests: employment contract, pay slips, school enrollment, Italian language certificates, documented family ties, rental agreement
Advise: seek legal assistance Before Go to Questura. Contact organizations such as ASGI, Caritas, reception centers, or a specialized lawyer. Write your story clearly and chronologically (even in your own language).
2 At Questura : filling out the C3 Form
At the Questura you express your desire to ask international protection (kindergarten). At the second appointment the form is filled out Model C3 (formal application) together with a police officer and an interpreter.
Model C3 asks:
- Personal data (name, surname, date and place of birth, citizenship)
- Identity documents in possession
- Composition of the family unit
- Travel itinerary (Countries crossed, dates)
- Reasons why you left your country
- Reasons why you seek protection in Italy
- Language you want to be heard in at the audition
During the formalization: They take your fingerprints (Eurodac registration), photos and collect your statements on the reasons for the request.
Temporary permit: after formalization you receive a permit for asylum application (6 months, renewable). You can work after 60 days from the submission of the application and you are entitled to registration with the SSN.
3 Hearing before the Territorial Commission
There Territorial Commission They will call you for a personal interview. In Italy, there are 20 commissions, each with territorial jurisdiction.
Timings: from the application to the hearing can go through 2 to 18 months (varies by Commission and workload).
How it works:
- Sitting not public, with a member of the Commission (possibly of the same sex as you)
- There is a interpreter in the language you indicated in C3
- Your lawyer may be present (your right)
- The hearing is coming videotaped and transcribed into Italian
- At the end the transcript (translated by the interpreter) is read to you and you can ask for corrections.
What they ask: Your life story, what happened to you in your country of origin, why you left, what would happen to you if you returned, your current situation in Italy. The Commission evaluates the coherence and credibility of your narrative.
How to prepare your personal memory
There personal memory It's a written document that supplements the hearing. It's very important.
- You can write it in your language (will be translated)
- Follow a chronological order: from life in the country of origin until today
- Be specific: names, dates, places, concrete facts
- Explain the physical and psychological consequences
- Describe your life in Italy: work, family, integration, language
- Deliver it to the Commission a few days before of the hearing, signed
- Attach all supporting documents
4 After the decision
If special protection is granted
The Commission transmits the documents to the Questore, who issues a two-year residence permit for special protection.
Documents for release:
- Decree of the Territorial Commission (or Court ruling)
- Payment of €80,46 on current account no. 67422402 in the name of MEF (reason for payment: PSE)
- Revenue stamp from €16
- 2 passport-sized photographs
- Certificate of residence or declaration of hospitality
If the application is rejected: the appeal
It is possible to submit appeal to the Court (specialized section) within:
- 30 days from the notification of the denial (ordinary deadline)
- 15 days whether accelerated procedure or detention
Costs: €98 unified contribution + €27 stamp duty. If you don't have the resources, you can request the legal aid at the expense of the state (free legal aid) with an annual income of less than approximately €12,838.
The appeal automatically suspends the effectiveness of the rejection in most cases. The Court can recognize directly special protection, also on the basis of art. 8 ECHR thanks to the Supreme Court ruling no. 29593/2025.
Conversion of Permit into Work
There Circular from the Ministry of the Interior dated May 31, 2024, based on an opinion from the State Attorney's Office, clarified the transitional regime:
| Situation | Convertible into work? |
|---|---|
| Permit issued Before dated May 5, 2023, still valid | Yes |
| Issued after 5/5/2023 upon application submission Before of 10/3/2023 | Yes |
| Released after court ruling upon request pre-Cutro | Yes |
| Released post-Cutro upon application submitted After March 10, 2023 | No |
Alternative for everyone: After 5 years of regular residence and continuous, it is possible to request the EU permit for long-term residents (permanent contract), with minimum income requirements, suitable accommodation and passing the Italian language test (level A2).
Permit Renewal
The special protection permit lasts 2 years and it is renewable. The renewal is requested in Questura (not via Kit Postale ).
Required documents:
- Residence permit expiring
- Commission Decree (or Court Judgment)
- Passport or travel document
- Certificate of residence or notification of hospitality
- 2 passport-sized photographs
- Payment of €80,46 (postal bulletin)
- Revenue stamp from €16
Procedure: book an appointment on PrenotaFacile.poliziadistato.itThe Questura requests the opinion of the Territorial Commission to verify that the conditions persist. If conditions in the country of origin have significantly improved, renewal may be denied.
Rights of the Special Protection Holder
Family reunification
A controversial and evolving issue. Unlike refugee status and subsidiary protection, the special protection permit does not automatically guarantee Family reunification. The possibility depends on the interpretation of the competent Questura. It is essential to consult a lawyer for a case-by-case assessment.
Trips
With special protection, you can travel to your country of origin (unlike refugees). To travel abroad, you may need your home country's passport.
Common Problems and How to Deal with Them
- Very long waiting timesFrom the application to the hearing, it can take up to 18 months. There are documented cases of waiting up to 7 months even just to formalize the application. In the meantime, you have a temporary permit that allows you to work after 60 days.
- Failure to evaluateSome Commissions do not automatically assess the conditions for special protection. In the event of a total rejection, an appeal to the Court can assert this right.
- More stringent evaluationAfter the Cutro Decree, the Commissions apply more stringent criteria. It's essential to present complete documentation and a coherent narrative.
- Conversion not possibleFor post-Cutro applications, the permit does not convert into a work permit. However, it allows you to work for its entire duration, and after five years, you can apply for a long-term EU permit.
- Uncertainty about renewalA reassessment is required every two years. If the country of origin is deemed "improved," renewal may be denied. Documenting your integration is essential.
Warning: The most common mistakes cost months
Special protection requires careful preparation of the hearing and documentation. An incomplete or inconsistent presentation can lead to rejection of the application —resulting in the need for lengthy and costly legal proceedings. A significant portion of applications are rejected at first instance, often due to inadequate preparation.
With ImmigraFacile this doesn't happen:
Procedure Summary
| Phase | Where | Indicative timeframe |
|---|---|---|
| 1. Expression of will | Questura | 1 day |
| 2. Formalization (C3) | Questura | Within a few weeks |
| 3. Temporary permit | Questura | Contextual to the formalization |
| 4. Hearing | Territorial Commission | From 2 to 18 months from the application |
| 5. Decision | Territorial Commission | Within 6 months of the hearing |
| 6a. Permit release | Questura | A few weeks after the decision |
| 6b. Possible appeal | Court | Within 30 days + decision in 4-12 months |
Frequently Asked Questions
Those who are at risk of persecution, torture, or inhumane treatment in their country of origin, those who have developed significant private and family ties in Italy (confirmed by the Court of Cassation no. 29593/2025 despite the Cutro Decree), and those with documented vulnerabilities such as serious health problems, victims of trafficking, or domestic violence are entitled to special protection.
After the Cutro Decree, applications can no longer be made directly to Questura. Applications for international protection (asylum) must be submitted by completing Form C3 at Questura, followed by a hearing before the Territorial Commission, and awaiting a decision. If the Commission does not recognize refugee status or subsidiary protection, it may recommend issuing a special protection permit.
Yes, the permit allows you to work as an employee or self-employed. The Cutro Decree eliminated the possibility of converting it into a work permit for applications after March 10, 2023. For applications prior to that, the circular of May 31, 2024, confirms its convertibility. After five years of legal residence, you can apply for a long-term EU permit.
The permit is valid for two years and can be renewed at Questura (by booking on PrenotaFacile ). Requirements include: an expiring permit, a Commission decree, a passport, proof of residence, two photos, an €80.46 payment slip, and a €16 revenue stamp. The Questura requests the Commission's opinion to verify that the conditions are still met.
You can appeal to the Court (specialized section) within 30 days. Cost: €98 unified fee + €27 stamp duty. If you lack resources, you can apply for legal aid (income < €12,838/year). The appeal automatically suspends the rejection, and the Court may directly grant special protection.
You can work (whether employed or self-employed), register with the National Health Service (SSN) with the same treatment as Italian citizens, obtain residency and an identity card, and enroll in school and university. Family reunification is controversial and depends on the Questura. After five years, you can apply for a long-term EU permit (for an indefinite period).