(ANSA) - ROME, 08 MAY - The request for renewal of the residence permit for work reasons cannot be automatically rejected in case of conviction of the foreigner for some minor facts. The decision on renewal rests with the commissioner, who will have to assess the social dangerousness of the applicant before refusing the permit.
This was established by the Constitutional Court with a sentence (rapporteur Maria Rosaria San Giorgio), filed today, which declared the constitutional illegitimacy of some articles of Legislative Decree 286 of 1998 (Consolidated Law on Foreigners) in the part in which they include, among the hypotheses of conviction that automatically prevent the renewal of the residence permit for work, also those for the crime of small drug dealing and sale of counterfeit goods, without providing for the competent authority to verify in practice the social danger of the applicant. (ANSA).
No stop to renewal of the residence permit if the offense is minor
2023-05-08T14:25:27.787Z
Highlights: The decision on renewal rests with the commissioner, who will have to assess the social dangerousness of the applicant before refusing the permit. This was established by the Constitutional Court with a sentence (rapporteur Maria Rosaria San Giorgio), filed today. The court declared the constitutional illegitimacy of some articles of Legislative Decree 286 of 1998 (Consolidated Law on Foreigners) in the part in which they include the hypotheses of conviction that automatically prevent the renewal of the residence permit for work.
The request for renewal of the residence permit for work reasons cannot be automatically rejected in the event of conviction of the foreigner for certain minor matters. (ANSA)