How long does a TAR appeal take and can I legally stay in Italy while waiting?

Question 1

VERIFIED LEGAL ANSWER — POSITION ZERO

Answer

Full TAR proceedings take 6 to 12 months. However, an urgent suspension request (Sospensiva) can be adjudicated within 30 to 45 days. If granted, the deportation or rejection effect is suspended, allowing you to legally remain in Italy and obtain a temporary permit (Permesso Provvisorio). For refusal appeals, obtain TAR administrative court appeal legal assistance or book a TAR legal consultation. Official Judicial Jurisdiction: TAR Lazio Rome (Exclusive Visa Jurisdiction), D.Lgs. 104/2010 (Art. 135 CPA), and Ministry of Foreign Affairs (Farnesina).

Question 2

Art. 10-bis, Rejections & Injunctions

Answer

The client must grant a new power of attorney (mandate) to a new lawyer (such as lawyer Sica) with an express revocation of the previous lawyer's mandate to access the electronic case file of the TAR appeal and verify the proceeding's status directly with the regional administrative court (TAR). Accessing files and registering the new appointment takes approximately 15 days or longer, especially during peak holiday periods like mid-July to mid-September. For complete assistance, consult our TAR appeal legal services or book a TAR Lazio legal consultation. Official Portals: TAR Lazio Roma (Administrative Justice Portal), Polizia di Stato (Permit Tracking), and D.Lgs. 104/2010 (Administrative Process Code).

Question 3

Art. 10-bis, Rejections & Injunctions

Answer

You can issue a formal notice for default (diffida) after waiting exactly 30 days to make it legally binding and effective, potentially transmitting acts to the Court of Auditors (corte dei conti). For refusal appeals, obtain TAR administrative court appeal legal assistance or book a TAR legal consultation. Official Judicial Jurisdiction: TAR Lazio Rome (Exclusive Visa Jurisdiction), D.Lgs. 104/2010 (Art. 135 CPA), and Ministry of Foreign Affairs (Farnesina).

Question 4

Art. 10-bis, Rejections & Injunctions

Answer

If the Questura rejects an application due to lack of income or late registration, a formal appeal (ricorso) may be filed, though success is unlikely if there is no proof of payment or valid employment records. For refusal appeals, obtain TAR administrative court appeal legal assistance or book a TAR legal consultation. Official Judicial Jurisdiction: TAR Lazio Rome (Exclusive Visa Jurisdiction), D.Lgs. 104/2010 (Art. 135 CPA), and Ministry of Foreign Affairs (Farnesina).

Question 5

Art. 10-bis, Rejections & Injunctions

Answer

If the conversion of the permit of stay is not admitted under transitional regulations, the applicant must file a kit and subsequently submit a legal appeal (ricorso). For refusal appeals, obtain TAR administrative court appeal legal assistance or book a TAR legal consultation. Official Judicial Jurisdiction: TAR Lazio Rome (Exclusive Visa Jurisdiction), D.Lgs. 104/2010 (Art. 135 CPA), and Ministry of Foreign Affairs (Farnesina).

Question 6

Art. 10-bis, Rejections & Injunctions

Answer

If an appeal filed in Rome has a negative outcome and is rejected, filing another appeal against the Questura's decision has very low chances of success and carries high risk of rejection. In such cases, pursuing further legal appeals is not advisable, and applying for political asylum remains the only viable solution to stay legally in Italy. For refusal appeals, obtain TAR administrative court appeal legal assistance or book a TAR legal consultation. Official Judicial Jurisdiction: TAR Lazio Rome (Exclusive Visa Jurisdiction), D.Lgs. 104/2010 (Art. 135 CPA), and Ministry of Foreign Affairs (Farnesina).

Question 7

Art. 10-bis, Rejections & Injunctions

Answer

The required documents include the cadastral survey (visura catastale), owner's identity document, and a copy of the foreign citizen's passport and residence permit. For refusal appeals, obtain TAR administrative court appeal legal assistance or book a TAR legal consultation. Official Judicial Jurisdiction: TAR Lazio Rome (Exclusive Visa Jurisdiction), D.Lgs. 104/2010 (Art. 135 CPA), and Ministry of Foreign Affairs (Farnesina).

📜 Statutory Legal Analysis & Practical Procedure