Renewal of the residence permit and minimum residence requirements in Italy

One of the aspects that creates the greatest uncertainty among foreign citizens legally residing in Italy concerns the need to spend a certain amount of time on Italian territory in order to maintain or renew their residence permit.

Contrary to what is often believed, Italian legislation does not always require continuous and constant residence in Italy. The main requirement is not, in fact, a fixed minimum number of days to be spent in the country, but rather the absence of periods spent abroad that are so long as to compromise the connection with Italian territory and with the residence permit held.

Presence in Italy for the purpose of renewing the residence permit

When a foreign citizen applies for the renewal of their residence permit, the authorities verify that the conditions that allowed the permit to be issued are still met. Among the elements assessed may also be the continuity of residence in Italy.

For residence permits valid for one year, the general rule provides that renewal may be affected if the holder has left Italy for a continuous period of six months or more. In other words, it is not necessary to prove daily presence on Italian territory, but it is necessary to avoid a prolonged absence that interrupts the connection with the country.

In the case of permits with a duration of two years or longer, the criterion changes: the limit is linked to the overall duration of the permit. Continuous absence from Italy should not reach or exceed half of the validity period of the permit. Therefore, anyone holding a two-year permit should pay particular attention not to spend a continuous period of one year or more outside Italy.

This means that the legislation does not necessarily require permanent presence throughout the year, but rather protects the existence of a genuine connection with Italian territory. The assessment must also take into account the foreign citizen’s specific circumstances and any reasons that led to the absence.

In some cases, longer periods spent abroad may be justified when they result from specific and documentable reasons, such as serious health needs or other obstacles recognized by law.

The situation of family members of European Union citizens

Specific rules apply to foreign family members of European Union citizens who hold a residence card.

For these holders as well, prolonged absence from Italian territory may affect the maintenance of the right of residence. In general, staying outside Italy for periods longer than those permitted may have consequences for the validity or renewal of the document.

However, the law allows certain exceptions when the absence is linked to relevant circumstances, such as health reasons, pregnancy, maternity, studies, professional training, or temporary transfers for work reasons. In such situations, it is essential to be able to concretely prove the reason for the absence through appropriate documentation.

The special case of the investor residence permit

A different set of rules applies to the investor residence permit, which has more favorable conditions compared with ordinary permits.

For this type of residence permit, the same continuity-of-residence obligation required for other types of permits does not apply. Investors may remain in Italy even for only one day per year and still be able to renew their residence permit upon expiration. However, they must still comply with the renewal requirements and submit the relevant application according to the established procedures.

Minimum residence and obtaining the EU long-term residence permit

A different issue concerns the EU residence permit for long-term residents, often also referred to as a “permanent” residence permit.

To apply for it, a foreign citizen must normally have legally resided in Italy for at least five years, in addition to meeting other requirements established by law, such as having sufficient income and knowledge of the Italian language.

Even after this permit is issued, residence abroad is not completely unrestricted. Very long absences may affect the maintenance of the permit: in particular, staying outside Italian territory for more than twelve consecutive months may have consequences for the validity of the permit according to immigration regulations.

The importance of assessing each situation individually

The issue of minimum residence in Italy must be analyzed by considering the specific type of permit held, its duration, the foreign citizen’s personal situation, and the reasons for any periods spent abroad.

There is therefore no single rule that applies to all foreign citizens: the residence requirement in Italy varies depending on the category of permit and the purpose of the stay, such as simply renewing the permit or obtaining a more stable status through a long-term residence permit.

To avoid problems during renewal, it is advisable to keep any evidence related to residence in Italy and, when necessary, properly document the reasons for any prolonged absences.

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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.