The declaration of habitual residence: what is the requirement and who is subject to it?

Italian regulations on population registries establish different rules for Italian citizens and foreign nationals. In particular, the cancellation of a foreigner from the registry differs from that of an Italian citizen due to the existence of an additional and specific circumstance, which concerns the failure to renew the declaration of habitual residence.

This peculiarity, provided for in Article 11, paragraph 1, letter c) of Presidential Decree No. 223/1989, represents a normative element exclusive to non-EU citizens registered in the registry of the resident population and is closely linked to the validity of the residence permit.

The obligation to renew the declaration of habitual residence

According to Article 7, paragraph 3 of the same Presidential Decree No. 223/1989, a non-EU foreign citizen must renew the declaration of habitual residence at the municipality where they reside within 60 days of renewing their residence permit.

This obligation, as clarified by the Ministry of the Interior in its opinion dated March 31, 2004, applies exclusively to non-EU citizens. It is not a mere formal requirement but a necessary step to update the registry data and maintain the validity of registration in the population registry.

Once the declaration is submitted, the registry official updates the data related to the residence permit and forwards the information to the local police headquarters (Questura).

Consequences of failing to submit the declaration

If a foreign citizen fails to renew the declaration of habitual residence and six months have passed since the expiration of the residence permit, the registry office is obligated to send a formal notice to regularize the situation within 30 days.

If, following this notice, the renewed permit (or the receipt of the renewal application) and the declaration of habitual residence are still not submitted, the official may initiate the cancellation procedure for irreperibility, pursuant to Article 11, paragraph 1, letter c) of Presidential Decree 223/1989. The cancellation must be communicated to the Questura within 15 days.

Two essential conditions for cancellation

Circular No. 12 of March 2, 2005, issued by the Ministry of the Interior, clarified a fundamental point: cancellation cannot occur due to the sole omission of the declaration. Two cumulative conditions must be met:

1. Failure to submit the declaration of habitual residence;
2. Absence of a valid residence permit or the receipt proving that a renewal request has been submitted.

This principle protects foreign citizens who, although they have not yet updated their registry data, have regularly submitted their residence permit renewal application. In such cases, the sole omission of the declaration does not justify cancellation from the registry.

Verifications and investigations in case of doubts

When the registry office has reason to believe that a foreigner has changed residence without notification, it may initiate a verification procedure pursuant to Article 4 of Law No. 1228/1954. The purpose is to verify the actual presence in the municipality.

Only in case of failure to respond to the summons and absence of updated documentation can the office proceed with cancellation for irreperibility.

Conclusion

Italian law recognizes a differentiated registry discipline for non-EU citizens based on the need to ensure consistency between the declared residence and the legality of the stay. The additional circumstance of failure to renew the declaration of habitual residence makes the cancellation procedure more complex than that provided for Italian and EU citizens.

For this reason, it is essential that non-EU citizens are fully informed about their registry obligations and comply with the prescribed deadlines to avoid consequences that could compromise their legal status in Italy. Indeed, for example, non-EU citizens intending to apply for Italian citizenship after ten years of residence must ensure that there are no "gaps" in their registry records.

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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.