The residence permit is a document that allows a citizen of third countries outside the European Union or a stateless person to stay in Italy for different periods of time, as provided by the legislation, generally longer than the duration of the visa.
It must be requested at the Police Headquarters (Questura) within 8 working days of entry into Italy. Once obtained the authorization issued by the State Police, you will have access to the rights and services granted to foreigners.
The discipline has recently been modified in some points by the so-called Salvini Decree (D. L. 113/2018).
The residence permit is requested from the Immigration Office at the Police Headquarters of the province in which the foreigner wants to stay. Here the foreigner will receive a copy of the request with a stamp, indicating the date on which the final residence permit can be withdrawn; until its definitive delivery, the stamped document will certify the regularity of the stay.
Alternatively, the residence permit can be requested from Poste Italiane S.p.A. using the special yellow stripe kit, to be filled ad instructed.
Some documents must be attached with the application:
The required documentation may vary according to the type of residence permit requested, as well as the costs to be incurred. The Police Headquarters may also order the integration of the documentation.
The duration of the residence permit, except for that issued for work purposes, is the same as that provided for the entry visa. However, this cannot be:
Whoever is in Italy and is in possession of a residence permit must apply for its renewal at least 60 days before its expiration at the Police Headquarters of the province in which the foreigner lives.
Renewal may not last longer than the initial term, except in the cases provided by law. Renewal, however, is not granted if the foreigner has interrupted his stay in Italy for a period of more than 6 months or more than half for residence permits of at least two years. The law provides an exception to interruption due to military service or serious and proven reasons.
Renewal is denied if the requirements for entry and stay are not met.
In the event of denied renewal, an immediately enforceable expulsion order is issued, against which, however, an appeal may be proposed.
According to the needs of the foreign resident, there are different types of residence permits, which can be converted according to the requirements and conditions laid down by law. The main ones are:
This is issued within the limits of the quotas established by the “flows decree” (decreto flussi). It allows the performance of self-employment and subordinate work, but also other activities. In particular:
The residence permit for non-seasonal subordinate work also allows to cover the role of self-employed worker and member worker of cooperatives.
The residence permit for self-employment also allows to cover the role of subordinate worker.
This type of permit allows the exercise of the right to study and its duration corresponds to that of the course of study attended.
The permit also allows part-time working, for a maximum of 20 hours per week.
This type of residence permit allows work to be carried out in an autonomous and subordinate manner.
It is issued when physical, sexual, psychological or economic violence has been committed within the family unit. It has also been extended to victims of slavery and human trafficking.
It is issued by the Police Headquarters, after an evaluation of the presence of violence or abuse against the foreigner, if these represent a serious and current danger to his personal safety.
After the Salvini Decree no. 113/2018, this type of permit is included among the “special cases", of annual duration; it allows the performance of study and work activities, both subordinate and autonomous.
The Salvini Decree n. 113/2018 introduced two new types of residence permits:
This residence permit is issued when the country of origin of the foreign applicant is in a situation of accidental and exceptional disaster, such as to prevent his re-entry in safe conditions.
It has a duration of 6 months and allows the performance of autonomous or subordinate work. However, it applies only to the national territory and cannot be converted into a residence permit for employment purposes.
It is issued to foreigners who have performed acts of exceptional courage, provided by law.
Issued by the Minister of the Interior, it has a valid duration of 2 renewable years, with the possibility of conversion into a residence permit for work and study purposes.
The Salvini Decree 113/2018 has introduced a new case in which the residence permit cannot be subject to revocation by the Police Headquarters. In fact, the exception of revocation has now been inserted in the case of foreigners with a residence permit for subsidiary protection. Recalling the previous exceptional cases, these are the residence permits for: asylum, family reasons, long-term EU residents, family reunification.
The Decree has also added the possibility of revoking the residence permit on the basis of international conventions or agreements, made enforceable in Italy, when the foreigner does not meet the provided conditions (Legislative Decree no. 286/1998 art.5, as amended by the new Decree).