Italian citizenship and naturalization: residence holes

Obtaining Italian citizenship by residence under Article 9 of Law 91/1992 requires that the applicant, necessarily, be resident in Italy for the minimum time stipulated by law depending on the case (e.g. in the "standard" case of non-EU citizens, 10 years) in an uninterrupted manner.

This means that there must be no "residence holes," i.e., periods of time during which the applicant is not resident in Italy by means of registration with the Register of the Resident Population at an Italian municipality.

Uninterrupted residence

The requirement of uninterrupted residence with an Italian municipality is one of the main conditions for applying for Italian citizenship by residence in Italy.

Those who move to Italy are required, within 20 days of the move, to submit an application for registration with the Register of Resident Population at the municipality of habitual residence in Italy.

Registration in the registry of non-EU citizens is conditional on holding a residence permit, but there is more: it is not enough to proceed with registration in the Registry Office at the municipality of habitual abode upon obtaining a residence permit, it is also necessary for the non-EU citizen to proceed, at the same time as renewing the residence permit, to submit the declaration of habitual abode in accordance with the Registry Regulations of the resident population no later than 2 months after the renewal of the residence permit.

How are "residence holes" created?

The "residence hole" represents the period of time during which the applicant for Italian citizenship by residence, while residing in Italy legitimately being the holder of a residence permit, has not submitted an application for registration with the Register of the Resident Population at the municipality of habitual abode.

Such "holes" are created as much by failure to submit the relocation declaration in the case where the person moves from one municipality to another, as in the case of failure to submit the declaration of renewal of habitual abode at the municipality of residence, failing which the municipality proceeds to cancel the registry entry.

However, the registry office of the municipality, before deleting a foreigner from the resident population register, is required to send to the address declared by the person a special invitation to regularize his or her position within no more than 1 month. If the foreigner fails to comply with the invitation, then the municipality will delete the person.

Can "residence holes" be remedied?

In order to avoid the "residence hole," it is necessary to notify the Registry Office of the municipality of residence of all movements made in the national territory because only in this way it is possible to avoid the creation of that of a "residence hole" that in fact can jeopardize the obtaining of Italian citizenship by residence.

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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, and Paolo Grassi, Trainee of LCA Studio Legale.