After legally living in Italy for at least five consecutive years, non-EU nationals become eligible to apply for a EU Long-Term Residency Permit – known in Italian as permesso di soggiorno per soggiornanti di lungo periodo or permesso di soggiorno illimitato (formerly known as carta di soggiorno permanente).
Unlike Italian residency permits, which are issued for a maximum of one or two years and then need to be renewed in order to remain valid, the Long-Term Permit grants the holder a permanent right to residency and does not expire (the document itself should be updated every ten years, but failure to do so does not affect your permanent residency rights).
Besides sparing the holder annual or biannual trips to the provincial questura (provincial police headquarters), the permit comes with a range of other advantages, including the right to freely work or study in the country (this isn’t always possible under some types of permits), as well as full access to social welfare and benefits.
Applying for a Long-Term Residency Permit can be a complex process as, besides showing you’ve been legally living in Italy for at least five years, you’ll have to meet a number of other requirements, including being proficient in Italian at A2 level, which for most applicants involves passing an Italian language test.
READ ALSO: 'Arduous process': What to expect when applying for Italian permanent residency
But after successfully completing all of the red tape and getting your long-term permesso, can your right to permanent residency be revoked in any case?
According to Italy’s official immigration portal, your status as a permanent resident can be revoked if you spend more than 12 consecutive months outside the European Union, or stay outside Italy for more than six consecutive years.
You can also have your right to permanent residency revoked if you:
- Get a Long-Term Residency Permit from another country in the European Union
- Are considered a threat to public order and national security, and receive an expulsion order
- Are found to have acquired the permit with fraudulent methods or false declarations
Foreign nationals who lose their right to permanent residency due to being away from Italy, or after getting an equivalent long-term permit from another EU country, can re-apply for permanent residency after legally living in Italy for three years (as opposed to five).
It’s also worth noting that, if you’ve been stripped of your right to permanent residency for any of the reasons mentioned above, you can challenge the decision by filing an appeal with your Regional Administrative Tribunal (TAR) within 60 days.
The appeal can include a request to suspend the revocation order pending the tribunal’s ruling. If approved, this will allow you to stay in Italy until the ruling is issued.
Foreign nationals looking to appeal a revocation order must do so through an immigration lawyer. Italy’s Administrative Procedure Code states that "legal representation by a lawyer is mandatory" in “proceedings before the regional administrative courts”.
People whose yearly income is below €12,838 are eligible for free legal aid.
Though there’s no available information on the length of these appeals, it generally takes between 12 and 24 months for administrative tribunals to issue a ruling depending on the court's workload and the complexity of the case.
Please note that The Local is unable to advise on individual cases.
Find more information on the Italian Interior Ministry’s website or seek independent advice from a qualified immigration consultant.
Comments