Abolition of Carta di Soggiorno/Permesso di Soggiorno for EU citizens

[Marc]

The following is a translation of the proposed new law relating to the abolition of the Carta di Soggiorno / Permesso do Soggiorno for European citizens.

(Link to original document in Italian in Acrobat format, 104k PDF)

21 March 2007

The new rules on residence of citizens of the EU, family members from outside the EU and foreign family members of EU citizens.

This will be published in the Gazzetta Ufficiale on 27 March 2007 and will become law from 11 April 2007

Citizens of the EU

Citizens of the 26 EU countries have the right to enter and stay in Italy for up to 3 months without any formalities. All that is required is an Identity Card (or Passport)

The right to stay is, however, subject to having sufficient money to avoid being a burden to the state and to not being a threat to public order or security.

The right to stay for longer than 3 months depends on the being able to fulfill one of the following requirements;

- Having a job, either as an employee or self-employed

- Having sufficient economic resources and health cover for him/herself and ones family

- Being in a recognised education or training course and having sufficient economic resources and health cover

In this situation, as from the 11 April 2007 the EU citizen does not have to ask for a Carta di Soggiorno at the Questura and this document is therefore abolished.

They must, instead, register at the Anagrafe of the the Comune in which they intend to live.

It is now the Comune's resposibility, not that of the Questura, to establish the EU citizen's right to reside.

To obtain residency at the Anagrafe, the EU citizen must produce proper documents showing their employment or economic resources and health cover.

It is important to note that citizens can self-certify their economic resources.

Once the application has been made, the Anagrafe will issue a receipt. Later they will issue a certificate which states the right to reside.

If the Anagrafe declines the application, the applicant may appeal to a tribunal.

If the applicant is found to have not satisfied the conditions, the authorities may order them to leave the country.

After having lived in Italy for 5 continuous years, an EU citizen will aquire the right to permanent residence. This right will not be granted in the case of any absence of longer than 6 months, except for reasons such as maternity or serious illness.

The Comune will grant the citizen a certificate. This may be replaced, within a few months, by an instruction in the microchip of their identity card.

The right to residence may be withdrawn after two years absence from Italy.

Finally, and this is a new law, an EU citizen may be expelled from Italy by order of the Ministry for the Interior, but only in the most serious case of danger to public order or to the state.

(Precis hereafter)

Family members
Family members ( who do not possess a right to entry themselves) must produce a Visa. After 5 years they wil qualify for a permanent Carta di Soggiorno.

Family members of Italian citizens
Family members enjoy some further benefits such as the right of a spouse to a permanent Carta. further protection from expulsion etc.

Note about self-certification.
By using an official self-certification form, you can avoid the need to produce documents, but you will assume responsibility for the consequences of making a false or misleading declaration.