Declaration of hospitality and declaration of presence: what are they and how do they differ?

Within the framework of Italian immigration law, the declaration of presence and the declaration of hospitality are two very important requirements that are often confused with each other because they both concern foreign citizens staying in Italy. In reality, they are different procedures, with specific purposes and obligations that fall on different subjects.

Understanding what they consist of and when they must be submitted is essential in order to avoid administrative irregularities or possible penalties during a stay in Italy.

The declaration of presence: what it is for

The declaration of presence is a notification concerning foreign citizens who enter Italy for short stays of less than ninety days. Its main purpose is to officially certify the lawful presence of the foreign national within Italian territory.

This obligation applies to those who arrive in Italy through another country belonging to the Schengen Area. In these cases, before the definitive implementation of the EES system, entry into Italian territory was recorded through the traditional passport stamp in the Schengen country of entry, making it necessary to subsequently notify the Italian authorities once the person entered Italy.

The situation is different for citizens coming from countries outside the Schengen Area. When entry takes place directly through an Italian border crossing, the registration of presence is considered to have already been completed automatically, and no further declaration is required.

For those who are still subject to the obligation, the declaration of presence must be submitted within eight days of arrival in Italy to the competent Police Headquarters (Questura) for the place where the person is staying. Through this requirement, the authorities can verify that the foreign citizen’s stay complies with the provisions established by Italian law.

Failure to submit the declaration may create problems concerning the legality of the stay and, in more serious cases, may even lead to administrative measures such as expulsion.

The declaration of hospitality: when it is mandatory

The declaration of hospitality serves a different purpose. In this case, it is not the foreign citizen who is required to fulfill the obligation, but rather the person hosting them.

Italian law provides that anyone offering accommodation to a foreign citizen — whether an Italian citizen or a foreign national legally residing in Italy — must notify the competent authorities of such hospitality.

The obligation arises whenever a foreign citizen is accommodated in a residence, even for a temporary period. The notification must be made within forty-eight hours from the beginning of the hospitality and must be submitted to the competent Police Headquarters (Questura) or Police offices in the municipality where the property is located.

The purpose of the declaration of hospitality is mainly to allow the authorities to monitor the presence of foreign citizens within the national territory and to know where they are temporarily staying.

In this case as well, failure to comply may result in administrative consequences and the application of financial penalties against the host.

The main differences between the two requirements

Although the two procedures are often associated with each other, the main difference primarily concerns the person responsible for submitting the notification. The declaration of presence is submitted directly by the foreign citizen, whereas the declaration of hospitality is an obligation that falls on the person providing the accommodation.

Their purposes are also different. The declaration of presence serves to demonstrate the legality of entry and temporary stay in Italy, while the declaration of hospitality allows the authorities to know where the foreign citizen is staying during their time in the country.

The deadlines established by law are also different. The declaration of presence must be submitted within eight days of entering Italian territory, whereas the declaration of hospitality must be filed much more quickly, namely within forty-eight hours from the start of the hospitality arrangement.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

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