Background:
The State Council sentence 6759/2018 ruled that when there is evidence of serious and grounded motives preventing the individual to return to Italy, the prolonged absence of the individual from Italy and relevant delay in filing the renewal cannot be regarded as sole reason to reject the permit.
While in case of extended absence from Italy the law already provides for exceptions in case of serious grounded motives, this is not the case for delayed filing of permit renewal (beyond the 60 days period).
However, several court rulings have confirmed that when requirements for the renewal are met, the delayed filing of renewal application cannot be a reasonable and sufficient reason to reject the request.
