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Stay permit for foreign minors extended for a further 30 days in Italy

A new regulation granting a stay of maximum 120 days came into force. Stay length can be only extended on grounds of force majeure on the initiative of the Committee for Foreign Minors

The maximum permitted stay for foreign minors in Italy is now 120 days. An additional 30 days to the limit period envisaged by article 9 of the Regulation No 535/1999, as amended by decree of the President of the Council of Ministers No 191 dated 27 September 2011 (Regulation concerning the duties and responsibilities of the Committee for Foreign Minors, set up in pursuance of article 33, paragraphs 3 and 2-bis of the legislative decree No 286 dated 25 July 1998) entered into force yesterday.

The 120 day-length is calculated by summing up the total number of actual resident periods spent over a calendar year in accordance with visa requirements. The Committee for Foreign Minors can only propose to extend the stay length on grounds of force majeure, no longer including, amongst others, minors' participation in school's educational programmes as envisaged by the previous decree No 535/99 of the President of the Council of Ministers.

The Committee is in charge of protecting the rights of both unaccompanied foreign minors present within the national territory and minors accepted into Italy under the Convention on the Rights of the Child adopted by the United Nations in 1989.

According to the 1999 Regulation, an ‘accepted child’ is an unaccompanied foreign minor over the age of six, holding neither the Italian citizenship nor the citizenship of another EU-member country, who is temporarily allowed to enter the national territory within the framework of humanitarian projects promoted by bodies, organisations or families, on the condition that the minor or group he belongs to is cared for by one or more adults providing him assistance, support and guidance.

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Ministero dell'Interno