Anagrafe registration with an Italian Municipality

Once they arrive in Italy, EU citizens – or non-EU citizens who have obtained a residence permit – who will be staying there for more than three months must register with the Anagrafe i.e. the Registry of the Resident Population. But what does this mean, what does it entail, and most importantly, how is it done? Here is a brief Q&A to better understand the topic.

What is it, and what is meant by "applying for the Anagrafe registration”?

The Anagrafe registration is the act of registering in the Register of Resident Population (Anagrafe); it is a duty and enables the exercise of the right of residence, a 'container' right, a prerequisite to the exercise of civil and political rights, and to access social benefits, which derive from having established one's residence in a particular Municipality.   

"Applying for the Anagrafe registration" means applying to the Municipality for inclusion in that register, officially establishing one's residence at that Municipality.

How to request it?

The Anagrafe registration is requested by filling out a special form, to be submitted physically or sent telematically to the institutional addresses (some cities such as Milan have in operation a telematic service that replaces these steps), to which identity documents (unexpired passport) of the applicant and the persons who together with them are transferring residence must be attached (if they are of age, they must sign the form), the title of occupancy of the housing (duly registered if necessary) and documents relating to the relationship of relatives, for them to be registered.      

In addition, in the case of a non-EU citizen:

• if already in possession of a valid residence title, must attach a copy of the residence title held
  
  
• if in possession of a residence permit that is in the process of being renewed, they must attach a copy of the expired residence permit and the receipt of the application for renewal of the residence permit to the application
  
  
• if still awaiting the issuance of the first residence permit, they may attach to the application the receipt issued by the post office certifying that the application for the residence permit has been submitted. The Anagrafe registration can therefore be requested even if one is still waiting for the issuance of a residence permit however limited to certain categories (work, family etc.)

What are the timelines?

Theoretically, the office in charge must carry out the registry registrations within two working days from the submission of the documentation, and in the following 45 days, the verifications regarding the presence and subsistence of the requisites are carried out. Usually, at least in larger cities, this deadline elapses without anything being communicated, so there is a case of silence-consent, and the Anagrafe registration procedure is final when the registration is confirmed or there is evidence of the change in the registry. In any case, the registration is retroactive to the date of the request.

When the cancellation from the Anagrafe registry takes place?

The cancellation from the Anagrafe registry occurs in the case of:

• death
• emigration to another Municipality. The request for relocation must be submitted within 20 days from the date of relocation. The procedure that follows is in all respects similar to the first registration
• emigration abroad (it is the foreign national's responsibility to notify the Anagrafe office of the new foreign residence)
• non-renewal of the declaration of habitual residence by citizens from a third-country (the communication must be submitted within 60 days from the date of renewal of the residence permit)
• unavailability at the census

Temporary absence for study or work or other contingent reasons does not result in the deletion of the citizen from the registry of the resident population. The citizen's Anagrafe position may be restored following a new registry entry.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.