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RESIDENCY PERMITS

EXPLAINED: Can you lose your right to residency in Italy?

It’s no secret that becoming a resident in Italy takes time, costs money and is full of bureaucratic red tape. But can residency ever be taken away from you?

EXPLAINED: Can you lose your right to residency in Italy?
Could you ever be at risk of losing your Italian residency? Photo by Frederic Christian on Unsplash

There are many reasons for internationals to get Italian residency, from the practical – such as accessing healthcare, opening up bank accounts and not having your passport stamped – to feeling like you belong in the country you plan on calling home for the foreseeable future.

Not only does taking up Italian residency provide a sense of security, it’s also a legal requirement for those who live in the country for more than six months of the year largely due to tax purposes. According to Istat, in 2022 alone 3.7 million residency permits (permessi di soggiorno) were issued, almost 2.2 million of which were long-stay or permanent.

However, the Italian authorities can deny a request to renew your permit if you no longer satisfy the requirements or have been out of the country for too long a period, and you might have your permesso revoked if – in extreme circumstances – you’re considered a threat to public safety.

READ ALSO: Permesso di soggiorno: A complete guide to getting Italy’s residency permit

There are also a few circumstances in which your residency can be revoked on a local level by the comune (town hall) where you’re registered.

While getting struck off your comune‘s register won’t invalidate your stay permit or get you kicked out of the country, it can be a nuisance as you’ll no longer have an official registered address and you’ll have to re-register as a resident locally.

Let’s take a look at the reasons you might have either your Italian stay permit or your local residency registration revoked.

Being untraceable

Revocation of residency with your local comune can occur if a person is proven to be untraceable following repeated checks over the course of a year (which might happen, for example, due to a census).

The prerequisite for this type of revocation is when there is reason to believe the person has moved from their home of registered residence or when it’s deduced they are on their national territory.

READ ALSO: Do foreigners in Italy have to carry their residency documents?

When this happens a procedure is started making it difficult to obtain residency certification (which affects access to healthcare) and the possibility of losing any voting rights.

Failing to renew declaration of habitual residence

Foreign citizens not belonging to the European Union can also be automatically cancelled from a comune‘s register for failing to renew their habitual residence.

Current legislation says third country nationals have an obligation to submit a declaration of renewal of their habitual residence to their comune, together with a copy of the new permit, within 60 days of renewing their permesso.

Staying outside of the country for long periods

Under Italian law, all foreign citizens who move abroad or return to their country of residence must declare it to their comune.

However, it is important to remember if you have a residency permit of less than two years and are a non-EU citizen you can leave the country for six months continuously without declaring it, or for a continuous period of no more than half the duration of your permit if your permit is for two years or more.

Breaking this rule means the government could refuse to renew or extend your stay permit.

If you’re a Withdrawal Agreement (WA) beneficiary and have resided in the country for less than five years, meanwhile, you can go abroad for a maximum of six months at a time.

If you have surpassed this time for reasons that do not include being sent abroad for work, study or health (in which you are allowed to leave for one year if you are a WA beneficiary), the government can refuse to renew or extend your stay permit.

No longer meeting the requirements for a residency permit

There are many different factors to take into consideration when meeting the requirements for a residency permit, a common one being aware of when to change your permit according to your needs. For example, you wouldn’t renew your student visa when you finished your studies two years ago, would you?

Then there’s making sure you continue to meet the requirements for an existing permit when it’s up for renewal.

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

If you’re in Italy on an elective residency visa, for example, you’ll initially need to renew your stay permit every one to two years. The minimum passive income threshold for this visa is around €31,000 per person per year (though the authorities can stipulate higher amounts in individual cases) – if your income falls below the threshold, your renewal application will likely be rejected.

Other requirements such as healthcare and salary must also be met. For instance, not having your health covered privately or by the Servizio Sanitario Nazionale (Italy’s national health service) is a breach of residency terms. 

Committing a serious crime

This is rare, but having your Italian stay permit revoked on a national level due to committing a serious crime is a possibility under Article Nine of the Italian Immigration Law. The law states that the Italian authorities can refuse to renew a residency permit for those people who are “dangerous for public order or the security of the State.” 

Such crimes include mafia-related felonies or offences and threats against public bodies.

Of course revoking residency is a rare but often distressing procedure for all those involved. Whilst there have not been any cases that have been reported recently in the news, it’s always best to double check with your comune or a lawyer to check the specific terms. The Local cannot assist with legal inquiries.

If you or someone you know has had their residency revoked get in touch via the comments below or at [email protected]

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For members

ITALIAN LANGUAGE

Do you need to pass an Italian language test for permanent residency?

After a certain number of years in Italy, you may be eligible to apply for permanent residency - but what language requirements do applicants face?

Do you need to pass an Italian language test for permanent residency?

After five years of continuous residency in Italy, you may become eligible to apply for permanent residency – which, for non-EU citizens, means no more annual or biannual trips to the questura to renew your residency permit.

For most applicants, obtaining permanent residency entails passing an Italian language test at A2 level based on the Common European Framework of Reference for Languages, CEFRL (British citizens resident in Italy since before Brexit who are covered under the Withdrawal Agreement don’t have to satisfy a language requirement to get their carta di soggiorno).

That might sound daunting, but A2 is just the second of six levels running from elementary to advanced, and is pre-intermediate.

READ ALSO: QUIZ: Test your Italian language level on the A1 to C2 scale

According to the CEFRL guidelines, someone at A2 level should be able to understand sentences related to “very basic personal and family information, shopping, local geography, employment.”

They should also be able to conduct a “simple and direct exchange of information on familiar and routine matters” – something most people who’ve lived in Italy for five years would be able to do even without much formal study.

READ ALSO: How good does my Italian level have to be to get citizenship?

How to apply

To apply to take the A2 language test, you’ll need to start by visiting this instruction page on the interior ministry’s website and following the link to this portal.

You will need to log in with a SPID or CIE login credentials; learn more about what these are and how to get them here:

Your local prefecture has 60 days to get back to you with a time and date for the test.

Booking the A2 test is a fairly straightforward process. Photo by Alissa De Leva on Unsplash

What’s in the test?

The test consists of three components: written, listening, and oral.

You’ll likely be asked to fill in the blanks in a written passage, listen to a recording of someone talking and answer basic comprehension questions, and conduct a simple conversation based around an everyday scenario.

One American reader who described his experience of taking the test in 2022 said that he was initially “petrified”, but it ended up being a fairly straightforward process, ending with a short role play of a visit to the doctor.

Are there any exemptions?

The two key exemptions are for children under 14, and those with significant illnesses or disabilities that prevent them from learning the language (your local health authority, or ASL, must sign off on this).

You also don’t need to take the exam if you:

  • Already have an Italian language certification at A2 level or above from any of The University of Siena for foreigners, The University of Perugia for foreigners, The Dante Alighieri Association, or The University of Rome 3.
  • Are certified at at least A2 level after attending a course at a provincial adult education centre (CPIA).
  • Have a lower-secondary or high school diploma from an Italian educational institution, have attended/are attending an Italian university, or have an Italian university degree.
  • Are in Italy as a manager or highly specialised worker, university professor or researcher, translator or interpreter, or officially accredited foreign correspondent.

What if you fail?

Failing the test doesn’t mean you’ll be kicked out of the country.

According to the interior ministry’s guidelines, you can reapply via the same portal no sooner than 90 days after taking the first exam – which gives you plenty of time to brush up on your Italian.

Find out more about the process of applying for an Italian permanent residency permit HERE.

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