Residence permits cannot be issued to convicted foreigners

Residence permits cannot be issued to convicted foreigners

Residence permits cannot be issued to convicted foreigners

Section of the Council of State III 03/25/2019 n. 1983

Residence permits cannot be issued to foreigners convicted for drug trafficking, except for comparing the interest in public safety with those for the protection of family relations.

According to article 4, legislative decree on 25 July 1998, in case of a conviction for any drug-related offence (even if not definitive) of the non-European citizen, the provision of refusal of the residence permit shall constitute a binding act for the competent authority, which does not require further assessment of the social dangerousness of the foreign citizen and of his degree of integration in the Italian social context, with the only exception of possible family ties with subjects resident in Italy. In this case, a discretionary comparative assessment will be carried out in the interest of public safety and in the interest of foreigners to protect their family relationships.

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