Milano, June 17 2014

Police Headquarters of the Province of

Milan Immigration Office
Via Fatebenefratelli n.11
20121 MILANO

To the c.a. of the Executive

fax 0262265751
PEC immig.quest.mi@pecps.poliziadistato.it

The writing associations - which operate among other things in the field of the fight against
discrimination and which are registered in the relative lists provided for by art. 5 and 6 of Legislative
Decree 215/03 - following some reports by individuals and associations regarding practices implemented
by your offices in the procedures relating to the issue / renewal / updating of residence permits, request a
meeting in order to clarify the issues set out below.
a) Withdrawal of non-permanent residence permit and / or EC permit for long-term staying in case of
updating (for five-year expiry, insertion of child or other) or duplicated, if there is no regular working
activity and so results in a period of time without tax contributions.

This practice does not comply with the provision pursuant to Article 9 paragraph 7 of Legislative
Decree 286/98, pursuant to which the residence permit referred to above can only be revoked "a)
if it has been fraudulently acquired; b) in case of expulsion, referred to in paragraph 9; c) when the
requirements for the issue, referred to in paragraph 4, are missing or are missing; d) in the case of
continuous absence from the territory of the Union for a period of twelve consecutive months; e)
in case of granting of long-term residence permit by another Member State of the European
Union, upon communication from the latter, and in case of absence from the territory of the State
for a period of more than six years ... "

b) Withdrawal of residence permit and / or EC permit staying for a long period in case of updating or
duplicate pending criminal proceedings, even without convictions, not even at first instance.
c) Suspension of the renewal of the residence permit in case of pending trial, even without the presence
of convictions, not even of first instance.

Such practices appear illegitimate given the provisions of the following rules:
Article 9 paragraph 4 of Legislative Decree 286/98: "... 4. The EC residence permit for long-term
residents can not be issued to foreigners who are dangerous for public order or state security. In
assessing the hazard, the alien's membership of one of the categories indicated in article 1 of the
law of 27 December 1956, n. 1423, as replaced by Article 2 of the Law of 3 August 1988, n. 327,
or in article 1 of the law 31 May 1965, n. 575, as replaced by Article 13 of the Law of September
13, 1982, n. 646, or in relation to any convictions, even if not definitive, for the crimes provided
for by article 380 of the criminal procedure code, as well as, limited to non-culpable offenses, by
article 381 of the same code. For the purpose of adopting a refusal to issue the residence permit
referred to in this paragraph, the quaestor also takes into account the length of stay in the national
territory and the social, family and work placement of the foreigner ... ";
and art. 4 paragraph 3 of Legislative Decree 286/98:
"... A foreigner who does not meet these requirements or who is considered a threat to public
order or the security of the State or one of the countries with which Italy is not admitted