Having visited Italy once, I want to stay forever. This can be done by a residence permit in Italy - the right of a foreigner from outside the EU to permanently or temporarily reside in Italian territory. Who can obtain a residence permit and on what basis? In what order does it take place? How much will the registration cost and how long the procedure can take - today we will answer these and other questions.
Advantages of an Italian residence permit
In accordance with Art. 5 of the Consolidated Text of the Law on Immigration and the Status of Aliens No. 286/1998 of 25.07.1998 (Testo unico delle disposizioni concernenti la disciplina dell'immigrazione e norme sulla condizione dello straniero), an Italian residence permit must be obtained by any foreigner from outside the EU who plans stay in the country for more than three months.
A residence permit (Permesso di soggiorno, PDS) is a permit granting the right to reside in Italy in order to fulfill the purposes for which it was issued.
In addition to residence, it also allows a foreigner to:
- officially apply for a job (in most cases);
- run your own business;
- freely enter / leave the country without obtaining a visa;
- freely cross borders and stay on the territory of other EU countries for up to 90 days without obtaining a visa;
- get education in Italian universities and colleges;
- register with the health service and receive medical assistance;
- invite relatives to Italy for family reunification;
- apply for permanent residence and subsequently apply for citizenship.
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Grounds for acquiring a residence permit
The law strictly stipulates a list of grounds on which foreigners arriving in Italy on the basis of a visa can obtain a PDS. Among our compatriots, the most popular options are:
- investment and business immigration;
- choice of Italy as a place of permanent residence;
- employment with an Italian employer;
- getting an education at an Italian university;
- marriage with an Italian citizen or permanent resident;
- family reunification with an Italian citizen or a foreigner residing in the country, and so on.
The category of visas, the procedure for filing and receiving is described in detail in the article "How to get a visa to Italy: rules and features of 2021".
Since all these bases have specific features, we will consider each of them in more detail.
Residence permit for investors
A new trend in many European countries is attracting foreign investors to their territory, and Italy is no exception. In accordance with clauses 155, 156, Art. 1 of the Law No. 232 of 11.12. 2021 and adopted on their basis by the Interministerial Decree No. 1202/385 Bis of 30.06. 2021, the Italian authorities have identified some forms of assistance for obtaining entry visas and obtaining a residence permit for investors who:
- establish their tax residence in Italy in accordance with Art. 24 bis of Law No. 917 of 28.12.1986;
- has a high ability to make significant investments in the Italian economy.
According to Art. 26 bis of Law No. 286/1998, there are several investment options available to foreigners, for the intention to do which you can obtain a residence permit:
- purchase of government bonds in the amount of 2 million euros;
- contribution as a share in the authorized capital of an Italian legal entity of at least 1 million euros, with the proviso that the foreign share will remain for at least 2 years;
- contribution as a share in the authorized capital of an Italian company qualified as an "innovative start-up", not less than 500 thousand euros;
- making a gratuitous contribution to a socially significant project in the amount of 1 million euros.
The foreigner undertakes a written commitment to make the specified investment within three months from the date of entry. The residence permit itself, marked per investitori (for investors), is issued for a period of 2 years and can be renewed if the investor has fulfilled its obligations. Family members can also move to Italy with him.
Residence permit for financially independent foreigners
Residence permit of the chosen place of residence (Residenza elettiva) is a permit for financially independent persons who wish to move to Italy on a permanent basis and have funds for this.
The presence of sufficient economic resources for the financial independence of a person, as well as the existence of an adequate and permanent place of residence, must be documented.
Resources for financial independence can be:
- annuity or life pension;
- ownership of high-value real estate that is leased;
- ownership of securities and bonds;
- conducting economic, financial, other commercial activities;
- any other income in sufficient volume.
In any case, the minimum annual income must be 31,000 euros and must not be related to employment. To check the source of income, an assessment of the economic condition is carried out, including an assessment of the movement on a bank account. At the same time, the income must be stable and constant, since this is a residence permit without the right to work.
If the applicant's spouse applies for the PDS together with the applicant, the minimum income is increased by 20%, if with the child - by another 5%. The total minimum income for a family of three is 40 thousand euros.
How to pre-obtain a visa for entry on this basis, read on the website of the Italian Visa Application Center.
Residence permit for entrepreneurs
Foreigners conducting or wishing to do business in Italy can obtain a residence permit for autonomous work (Il permesso di soggiorno per lavoro autonomo). To do this, you must first obtain a Nulla Osta permit issued by the questura, as well as other permits or licensing documents necessary for conducting a specific type of activity.
A residence permit for autonomous employment can be obtained by:
- entrepreneurs, including those operating as individuals;
- owners and co-owners of shares in the authorized capital of Italian business entities (if the company has been operating for at least 3 years), as well as persons holding managerial positions in them;
- persons of liberal professions, that is, those whose services can be provided without the formation of a legal entity, in particular, journalists, guides, doctors, translators, accountants, teachers, artists, and so on;
- entrepreneurs developing innovative startups.
Such a residence permit is issued for 2 years with the possibility of extension. It gives the right to work for hire, and can also be transformed into a PDS for employment if the foreigner subsequently finds a decent job and stops doing business.
If at the time of the expiry of the residence permit he turns out to be unemployed, the foreigner has the right to register with the employment service and request a PDS to await employment for a period of 1 year.
Residence permit for employment
Persons employed by an Italian employer are entitled to a residence permit (art. 22 of Act No. 286/1998). However, applying for employment is not easy.
To hire a foreign worker, the employer must, even before he / she enters Italy:
- conclude an employment contract with him;
- guarantee financial support for the possible expulsion of a foreigner to his homeland;
- obtain permission to hire a foreign worker from the migration service at the local prefecture within the quotas established by the Ministry of Labor and Social Protection;
- send your foreign worker an invitation to work.
On the basis of a work permit issued to an employer, a foreigner can obtain a visa, enter the country and obtain a residence permit for a period of 1 year, if a fixed-term employment contract is concluded, and for 2 years, provided that the contract is unlimited.
If it is seasonal employment, the residence permit is issued for a shorter period - from 20 to 180 days (in some cases, up to 9 months). These PDSs can be permanently renewed, including by different employers, or converted into other forms of residence permits.
If a foreigner loses his job, the residence permit, both for him and for his family members, is not automatically canceled, but continues to be valid until the end of the period for which it was issued. Even if during this time the foreigner does not find a new job, he will be able to apply for a PDS to await employment for 1 year.
Residence permit for education
A foreigner wishing to receive education in one of the educational institutions in Italy, including through student exchange programs, receiving additional education or continuing education, for the period of study, in accordance with paragraph 5 bis of Art. 39 of Law No. 286/1998, can obtain a student residence permit (Permesso di soggiorno per studio) with the mark studente (student), tirocinante (trainee) or alunno (student).
If this is a higher education in Italian universities, you can get access to it only within the limits of the annually established quota. You can find out more about the procedure for obtaining such a quota at your educational institution.
To obtain a residence permit, a foreigner must arrive in Italy on the basis of a student visa and confirm admission to an Italian university or the presence of an invitation from a commercial educational institution (including when participating in postgraduate study programs, internships or advanced training).
In addition to confirming educational intentions, the student must prove the availability of a place of residence and funds in the minimum amount sufficient to meet their own needs. At the same time, a student residence permit gives the right to employment in free time from studies (no more than 20 hours a week) and on holidays. Its validity period will depend on the duration of the educational program.
When studying at a university, PDS is issued for a period of one year with the possibility of renewal upon successful passing of exams and transition to the next course of study.
If circumstances change, a residence permit can be obtained on another basis. In addition, if a foreigner successfully completes his studies or receives an academic degree, he has the right to apply for a residence permit in order to search for work or entrepreneurship in the acquired specialty, the validity of which will be from 9 to 12 months (Art. 39 bis. 1 of Law No. 286/1998).
Residence permit for marriage
One of the common occurrences is marriage immigration to Italy. Our compatriots willingly marry Italians and move to live with them in their homeland.
Wedding in Italy is considered the dream of any bride. This is not prohibited by law: Italian citizens can marry foreigners on the territory of the country, even if the latter do not have registration at the place of residence in Italian territory.
However, it will not be possible to obtain a special residence permit for this, as well as a visa for the purpose of contracting a marriage: such formats are not provided for by the current Italian legislation. Tourist visas are commonly used for marriage.
The main condition for formalizing marriage bonds is the absence of obstacles to marriage (the presence of already concluded marriages, not reaching the marriageable age, and so on). To prove this, the foreigner submits a marital status document issued by the authorities of the country of origin to the Italian registry office. For Russians, such a certificate can be obtained from the consulate of the Russian Federation.
And after the marriage is concluded, registration of the PDS is already permissible - in connection with family reunification.
Residence permit for family reunification
In accordance with Art. 29 of Law No. 286/1998, Italians, as well as foreigners living in Italy on the basis of a residence permit for at least 1 year, have the right to invite their close relatives to move to Italy for family reunification (Ricongiungimento familiare).
Moving to the country on this basis can be:
- adult spouses of an Italian resident;
- unmarried minor children of a resident of Italy, including those born out of wedlock, provided that the other parent has given his consent to this;
- children, regardless of age, if due to their state of health they are not able to independently provide for their vital needs and are dependent on parental care;
- parents of an Italian resident, if they have no other children in the country of origin, or if they have reached the age of 65, have serious health problems and cannot receive treatment from other children.
For such a reunification, it must be proved that there is sufficient housing for the resettlement of relatives, the provision of medical insurance for them, as well as income in the amount of at least the annual amount of social benefits (in 2021 5.9 thousand euros) + 50% of this amount for each reunited relative ...
Residence permit for pensioners
Citizens of retirement age often choose Italy as a place to spend a dignified old age. However, Italian law does not provide for special immigration programs for pensioners - a residence permit cannot be obtained on this basis.
You can apply for a residence permit on a general basis. So, wealthy foreign pensioners seek to obtain a residence permit at their chosen place of residence, for which, we recall, they must prove the availability of adequate housing and an annual income of at least 31 thousand euros (about 2.6 thousand euros per month) per applicant.
Others, if there are close relatives in Italy, apply for a residence permit for family reunification. If the need to stay in Italy is due to the state of health or the need to undergo treatment (including sanatorium and resort), pensioners have the right to obtain a residence permit for medical purposes, and so on.
The procedure for obtaining a residence permit in Italy
The procedure for obtaining a residence permit in Italy is almost always the same, regardless of the basis on which the residence permit is issued. In general terms, this process looks like this:
- The emergence of grounds for immigration (including temporary). For migrant workers, this is obtaining a work permit, for students - passing exams and a call to study, for patients - receiving an invitation for treatment, for family reunification - marriage, and so on.
- Registration on the chosen basis of a visa for staying in Italian territory. You can get it at any Italian visa center, with the contacts and addresses of which can be found here, or at the Italian consulate.
- Entry to Italy during the visa validity period.
- Submission of an application for a residence permit within 8 days from the date of entry into the country. The basis for a residence permit must be the purpose for which the visa was issued. You can apply at your place of residence:
- the Immigration Bureau of the local prefecture (Sportello Unico per l'Immigrazione);
- to the nearest post office;
- directly to the local police station.
- When applying for a residence permit for a period of 1 year or longer, a foreigner must also sign an "integration agreement" with Italy, which will fix the main integration goals that must be achieved by the time it expires.
- Consideration of the request. At this stage, the competent authority verifies the information submitted by the applicant for authenticity, identifies contradictions with legislation, assesses documents, and so on.
- Getting the result. The foreigner will receive a text message on the phone with the result of processing, as well as indicating the date and place where he can pick up the residence permit card. At the time of preparation of the material, a different method than SMS-notification is used only in cities such as Bologna, Naples, Modena, Padua, Caserta and Genoa.In addition, you can check the readiness of the documents yourself - using the police website.
- Obtaining a residence permit. At the specified time and at the specified address, the applicant receives a residence permit card with a biometric chip.
For useful information on moving to Italy, see the article “Immigrazione in Italia: How to immigrate to Italy in 2021”.
A package of required documents
When applying for a residence permit, the applicant, regardless of the reason, will need to submit:
- a request form, the form of which can be obtained and filled out at the place of submission of documents;
- a valid passport or other equivalent travel document with an appropriate entry visa;
- a photocopy of the pages of the passport or other identification document with personal data;
- 4 fresh passport photos in standard format;
- a receipt for payment of stamp duty and other necessary payments.
The composition of the remaining documents will depend on the grounds on which the residence permit is requested.
For family reunification:
- birth certificate if a child or parents are leaving;
- notarized consent for a minor to leave from one of the parents, if he is reunited with the other;
- marriage certificate for reunification with a spouse;
- documents confirming the need for reunification with the parent (documents on the state of health, certificate of family composition).
For education:
- certificate of admission to an Italian university;
- receipts for payment of the cost of the training course (in the case of training on a paid basis);
- a copy of the diploma of previous education together with a letter of motivation explaining the reasons for admission to a specific specialty and, if available, a letter of recommendation;
- portfolio, certificate of completion of other courses (in the case of training in creative specialties).
For financially independent:
- documents confirming the financial condition sufficient for their own maintenance, as well as sources of passive income (for example, a statement of a deposit bank account, a printout of account movements).
For entrepreneurs:
- business permit (Nulla Osta);
- documents confirming income for the last year in Russia, not less than 8.4 thousand euros;
- a certificate issued by the Italian Chamber of Commerce and Industry, describing the available economic resources for doing business + confirmation of the availability of these resources;
- copy of an extract from the Chamber of Commerce (Visura camerale).
For employment:
- work permit obtained by the employer (Nulla Osta);
- labor contract with an Italian company.
Terms and cost of obtaining a residence permit
For obtaining a residence permit, if you do not take into account the visa fee paid when applying for a visa while still on the territory of the Russian Federation, you must make several mandatory payments, including:
- stamp duty in the amount of 16 euros;
- fee for the production of a plastic residence permit card in the amount of 30.46 euros;
- fee for courier delivery of documents - 30 euros;
- fee for processing a request for a residence permit in the amount of:
- 40 euros for a residence permit, which is valid for 12 months or less;
- 50 euros for a residence permit, which is valid for up to 24 months;
- 100 euros for obtaining an EU residence permit, as well as a residence permit for investors, managers and specialized workers.
Applicants are exempt from the obligation to pay the last fee:
- if they are under 18;
- applying for a residence permit in connection with the granting of asylum or other humanitarian status;
- applying for a residence permit for medical purposes, including those accompanying them;
- requesting duplication, renewal or conversion of a residence permit.
As for the processing time: a 60-day limit is legally established for consideration of an application for a residence permit from a foreign citizen.
However, you should not expect that the residence permit will be issued quickly. In accordance with the established practice and reviews of foreigners living in Italy, in 2021 the waiting time for the consideration of the application will take a much longer period, up to 4-6 months. In some regions of the country, for example, in Trentino, foreigners have to wait even longer - up to 10 months.
The police do not comment on the reasons for such delays: it is believed that this is due to the large number of requests that officials are not able to process on time.
Extension of the residence permit
If you are already the proud owner of Permesso di soggiorno, but its validity period is gradually expiring, get ready for the fact that the permit will need to be renewed.
The procedure for extending a residence permit is possible if, at the time of its expiration, the conditions on the basis of which the initial permit was requested were retained (for example, if this is a job - an extension of the contract, if training is a transition to a new course) or new ones have arisen.
You must submit an application in advance, at least for:
- 90 days before expiration if your stay in the country is valid for 2 years;
- 60 days before expiration if your stay in the country is valid for 1 year;
- 30 days before expiration date in all other cases.
Procedurally, the same rules apply as when requesting a primary permit - it is necessary to submit an application and a package of documents in any way convenient for a foreigner.
Why may a residence permit be refused
The formal existence of grounds for obtaining a residence permit does not yet guarantee its issuance: all the conditions specified in the law must be met. When considering an application at a police station, taking into account the provisions of paragraph 5 of Art. 5 of Law No. 286/1998, a residence permit may be refused due to:
- providing an incomplete package or forged documents, reporting false information;
- lack of necessary living space or sufficient income;
- lack of sufficient grounds and conditions for a long stay in Italy;
- a ban on entry or expulsion from Italy or another EU country;
- identifying threats to public order and security in Italy or another EU country from a foreigner;
- prosecution for serious crimes, including in the field of migration;
- creating fictitious conditions just for the purpose of obtaining a residence permit (for example, concluding a fictitious marriage, fictitious adoption, concluding an employment contract with a non-existent employer or without the purpose of carrying out labor work, and so on).
On similar grounds, a previously issued residence permit may be canceled or its extension denied. In addition, the extension may be refused if the foreigner violates the living conditions, for example, if it is revealed that he was absent from Italy for 12 consecutive months or received a residence permit in another country.
Permanent residence in Italy
Anyone who has followed the rules of residence in Italy for a residence permit for 5 years can obtain a long-term residence permit for EU residents (permesso di soggiorno CE per soggiornanti di lungo periodo). This type of permit does not have a validity period and does not require confirmation of the validity of the purposes for which the foreigner lives in Italy.
It is enough to prove the existence of official housing and a legal source of income in the required amount (at least 5 thousand euros per year), subject to other requirements for residence (continuous stay in Italy, law abiding, and so on).
Foreigners living in Italy for permanent residence can freely work without additional permits, open a business, move and live in any of the EU countries. The only thing that distinguishes them from the Italians is the ban on participation in elections. In the future, they can draw up documents and apply for Italian citizenship.
Conclusion
A residence permit in Italy is a residence permit for foreigners who intend to stay in the country for more than three months.In general, a residence permit is issued for the implementation of specific goals - family reunification, employment, education, medical treatment, and so on.
The validity period of the permit depends on the basis for entry and can be up to 2 years with the possibility of renewal. The document is drawn up immediately after arriving in Italy, within the first 8 days of stay. Prior to this, the applicant must enter the country on a visa issued on the same basis on which the foreigner plans to apply for a residence permit.
