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RESIDENCY PERMITS

EXPLAINED: How the rules on renewing Italian residency permits have changed

You may have heard that some types of long-term Italian residency permits need to be renewed by August under new rules - but these changes don’t affect everyone.

EXPLAINED: How the rules on renewing Italian residency permits have changed
The Italian post office (Poste Italiane). New rules mean some people may have to renew their Italian residency permit. (Photo by ALBERTO PIZZOLI / AFP)

Question: I heard some people living in Italy need to renew their residency permit by August 3rd, following a recent rule change. Is this true? And does it apply to me?

More than one of The Local’s readers has been in touch with this question recently after hearing of new requirements around renewing long-term Italian residency permits.

Several Italian provincial police stations have reported that “false information” has been circulating over the issue, and have published notices aiming to set the record straight about which permits must be renewed by August 3rd, 2023.

But some readers were left confused despite these updates, and were unsure whether or not they needed to update their residency permit and what the process involved.

So what exactly has changed, and who does this change apply to?

With little clarification so far from official government sources, at The Local we’ve attempted to answer these questions based on the information available.

What has changed?

In February 2022, a series of amendments under law 238/2021 brought in changes, including new renewal requirements, affecting holders of two types of residency permits:

  • Carte di soggiorno per familiari di cittadini UE (residency permits for family members of EU citizens), and;
  • Permessi di soggiorno UE per soggiornanti di lungo periodo (permanent residency permits for non-EU citizens).

While this change didn’t have an immediate effect at the time, it’s causing growing confusion now that many foreign nationals in Italy have been notified they’ll have until August 3rd to renew their permits. 

Only holders of ‘carte di soggiorno per familiari di cittadini UE’ in paper format need to renew their permit by August 3rd. Photo by Miguel MEDINA / AFP

Who needs to renew their residency permit by August 3rd?

According to updates published by provincial police headquarters around the country (see Genova, Livorno and Brescia), the August 3rd renewal deadline only applies to people holding residency permits for family members of EU citizens (carte di soggiorno per familiari di cittadini UE).

This permit is for non-EU nationals who can prove they are the family members of an EU citizen living in Italy.

But not all non-EU nationals holding a residency permit for family purposes will have to renew the document by August 3rd. 

In fact, only those holding permits in the old paper format will be subject to the requirement, as the government seeks to replace these with new electronic cards.

People who already have their residency permits in electronic format don’t need to renew them.

I have a permanent residency permit. Do I need to renew it? 

After five years of legal and uninterrupted residency in Italy (and provided they meet a number of requirements), non-EU citizens have the right to apply for a permanent residency permit, known as permesso di soggiorno UE per soggiornanti di lungo periodo

These permits grant holders the right to stay in Italy for an unlimited period of time. 

READ ALSO: ‘Arduous process’: What to expect when applying for Italian permanent residency

However, as of February of last year, all permits have a maximum validity of ten years from the date they were first issued (or five years in the case of people aged under 18). 

This means that if your permanent residency permit was issued over ten years ago, you will have to renew it. 

The permit’s original date of issue should be found on the document’s front page, under ‘data di rilascio’.

How do I renew my permit?

The renewal of your residency permit will be handled by the Immigration Office (Ufficio Immigrazione) of your provincial police station (Questura).

Unfortunately, the renewal application process is not the same across the country. As Giulia Vicari, immigration lawyer and founder of InfoImmigrazione, explains: “practices are not consistent among Italian Questure” and “each has its own operating procedures”.

This means that, while some police stations may ask permit holders to book an appointment directly with them (either via PEC email or the PrenotaFacile platform), others may ask them to apply by filling out and submitting a ‘yellow stripe’ form kit or kit a banda gialla (so called because the form has a yellow stripe running down its left-hand side). 

Yellow stripe forms are only available at post offices with a Sportello Amico desk, Vicari confirms.

Italy’s Post Office has a complete list of all Sportello Amico branches in the country.

For information about the renewal procedures in your province, you’ll need to consult the Questura’s Immigration Office.

The same office will also be able to advise you on exactly which documents you’ll be required to present, as these tend to differ based on the type of residency permit to be renewed and the holder’s personal circumstances.

Please note that The Local cannot advise on specific cases. For more information, contact your local Questura or seek assistance from a patronato or qualified legal advisor.

Member comments

  1. For information, the 10 year Biometric residency card issued to us in 2021, by our Questura & following BREXIT finalisation, is titled –
    ‘Permesso di Soggiorno Permanente’
    – no mention of ‘lungo periodo’ described, so maybe our card is a third version ?
    Anyway, just wondered if this info might be of use……..

  2. I scrambled to get this taken care of. Fastest route: straight to Questura’s immigration office. But before I entered a “gate-keeper” told me they issued direct appointments in response through their PECS address — which I said they’d never answered. Sigh. To the Post Office for “Kit Giallo” — except POs seem to be out of the packets! A week later I found a place with a stack, filled it out, and submitted at the central PO last week — for got an appointment for mid-October! Sigh, again.

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PROPERTY

Step-by-step: A beginner’s guide to buying a house in Italy

Buying a house in Italy may sound like a dream come true, but it can be hard to know where to start. We’ve got some pointers from the experts.

Step-by-step: A beginner’s guide to buying a house in Italy

It’s no big secret that Italy has its fair share of beautiful places to buy property in. Think Lake Como, where Sir Richard Branson and George Clooney have bought, or actor Colin Firth, who has a house in Perugia.

Whilst those celebrities more than likely hire someone to handle buying in Italy, what process should non-celebrities follow when looking to purchase – and is there a big difference between residents and non-residents of Italy?

“First of all, what you have to consider is that buying in Italy is very safe and relatively easy legally speaking, depending on your situation,” says Mario Mazzeschi, head of and attorney at Law of Mazzeschi Consultancy. 

“There are procedures to follow as with any country, but they can be summed up in four key areas,” he continues.

Searching for your property 

Whether or not you go down the agency route depends on the buyer and whether they have an existing relationship with the seller. However, most buyers and sellers tend to opt for the estate agent route. When you want an estate agent to assist you in finding a property, you enter a contract with them.

“Normally the agency fee is around two percent to five percent of the overall asking price, and both buyer and seller usually pay the fee,” says Mario.

He also advises to be aware if your agency contact has an exclusive or non-exclusive clause in the contract.

“With an exclusive clause, you agree not to appoint another agency and may still have to pay said agency even if you find a property by yourself or through another agency. With a non-exclusive clause, you don’t have this,” Mario adds.

He also warned that estate agencies should always have a VAT number and be registered with the local chamber of commerce.

READ MORE: Explained: what will happen with property prices in Italy 2024?

The binding proposal

Once the property of your dreams has been selected, your agency may ask you to sign a proposal called proposta irrevocabile d’acquisto. The buyer signs this document and agrees to buy the property at a certain price should the seller accept. 

“In this stage, you might also be asked to pay the deposit, but it is safer for the buyer to pay the deposit to an escrow account of a notary,” says Mario.

When the paper has been signed by the buyer, it is binding to them for a period of time, but not to the seller. This is until the seller accepts and then the document is fully binding.

If the buyer pulls out, they will lose their deposit. If the seller pulls out, they are liable to pay the buyer a double deposit.

If no one pulls out, the agreement proceeds to the next stage.

A row of houses by a lake in Lierna, Lecco

There are plenty of steps to consider before buying your dream home. Photo: Michael Meyer/Unsplash

The preliminary contract

In Italian, the preliminary contract is called a compromesso. The prospective buyer and seller agree on a completion date and the payment of the deposit (a caparra). This sum is usually 10 percent to 20 percent of the asking price.

The preliminary contract must have the agreements the parties made on the proposal, and further information on the property being sold such as address and cadastral data and the sale price.

Mario says: “During this part and before the preliminary is signed, I would always advise potential buyers to hire a surveyor so they can really check the property. They might get money off the overall asking price by doing so.

“We had such a case once where the buyer shaved €5,000 off the asking price because his surveyor found something.”

Once the agreement is signed by both parties, usually with a notary present, the notary writes a contract to the public property register. The seller will be protected from any offers the buyer puts in place afterwards. This is known in legal terms as the effetto prenotativo, or ‘booking effect’.

“Generally speaking, the property purchase completion takes one to three months after signing the preliminary contract,” Mario adds.

READ MORE: The Italian vocabulary you’ll need if you’re renovating property

Final contract and completion

Both parties have to sign the final contract before a notary. The buyer must indicate how the payment will be made. 

“Again, it is advisable to send any payments through to the notary’s escrow account so that they can pass it onto the seller,” Mazzeschi says. 

The buyer then usually gets the keys and the notary makes a start with tax payments and with the transfer of ownership. 

What are the key differences between non-residents and residents buying property in Italy?

“The first and foremost is reciprocity,” Mario says. “Those who are non-resident and whose countries do not allow non-residents to buy in their country, cannot buy in Italy.”

Recent examples include Canada and certain cantons within Switzerland. 

“If you want to benefit from the lower taxes on your first house too, you will have to become a resident of Italy within 18 months of purchasing a property,” Mario continues.

Presently, non-residents pay up to nine percent on the cadastral cost whereas residents can pay as little as two percent.

“The last thing to consider is how difficult it is to obtain a mortgage in Italy if you are non-resident,” says Mario.

“Other than that, Italy is a safe place to buy because there are many procedures in place to protect both parties.”

Please note that The Local cannot advise on individual cases. For more information about buying in Italy, please contact a legal professional. 

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