The Residence Permit for Long-Term EU Residents can be requested by a foreigner meeting the following requirements:

After five years of regular and continuous residence in Italy; With a valid residence permit; Possessing a minimum income not less than the annual social security benefit; Engaged in a current work activity; With a stable condition in the territory, hence residing in Italy; Demonstrating proficiency in the Italian language at level A2.

Five years of residence (five years holding a residence permit in Italy, from the date of the first issuance of the residence permit) are required to obtain the long-term resident status, except for periods of stay for temporary reasons or for performing diplomatic or representative functions of States, which therefore shall not be taken into consideration.

In the event the citizen has held study permits, these will be counted as half for the calculation of the five years (Directive 109/2003/EU).

Absence from the State’s territory for more than six consecutive months or for a total of ten months, within the five years considered, prevents the accrual of the minimum period of stay for the submission of the request, except in cases where it was due to military obligations or serious and documented reasons.

Since March 11, 2014, following the entry into force of Legislative Decree no. 12/2014, which transposed Directive 2011/52/EU, beneficiaries of international protection also have the possibility of obtaining the EU residence permit for long-term residents, with different requirements. To apply, it is necessary to demonstrate being regularly present in Italy for at least five years (the date of submission of the application for international protection via Form C is considered for the count), being a resident, having an income not less than the annual amount of the social security benefit. There will be no need to pass the Italian language test, and in case the document is requested for an entire family unit, there is no need to prove suitable housing.

Regarding income requirements, the decree takes into account the specific vulnerability conditions in which a beneficiary of international protection may find themselves, by contributing to the determination of income, up to a maximum of 10%, the availability of accommodation provided free of charge by a recognized public or private welfare entity.

The EU permit issued must indicate that the holder has been granted international protection in Italy, with the relevant recognition date. Legislative Decree no. 13/2017 introduced new methods of annotating the international protection status on the long-term residence permit for holders of international protection recognized by a State other than the one issuing the EU residence permit.

It also allows for the removal of the foreigner with a long-term EU residence permit and holder of international protection to the Member State that has granted international protection or to another non-EU State, in the presence of reasons of State security or public order, while respecting the principle of non-refoulement.

The Long-Term Permit can also be transmitted to a family member:

spouse, dependent minor child, dependent adult children if they are permanently unable to provide for their own essential living needs, dependent parents who do not have adequate family support in their home country. In this case, it is necessary:

that the family member has been a regular resident (from the first issuance of the residence permit) in Italian territory for at least 5 years; that the family member has passed the Italian language test at level A2 (not required if under 14, holding an Italian school diploma, or exempted by the ASL commission) that the holder has adequate income resources (according to the terms of family reunification as per art. 29 of Legislative Decree 286/98: the amount of the annual social security benefit increased by half for each dependent family member, only for children under 14 years old the amount does not increase beyond two units) to demonstrate the availability of suitable accommodation (housing suitability) that meets the minimum parameters established by regional law for public residential housing or that meets the hygiene-sanitary requirements ascertained by the competent Local Health Authority for the territory. The EU long-term residence permit is indefinite and is issued with the wording “Unlimited,” although it is required by law to be updated for the following reasons:

birth of a child and subsequent inclusion on the permit of the parent(s) updating passport details change of residence (especially if to another Municipality) change of province of residence exceeding five years from issuance in order to keep the data and photo updated. It is important to note that a newborn child cannot obtain the issuance of the EU Long-Term Permit until reaching the age of five.

The holder of this permit is granted a special legal status, entitling them to additional rights compared to those granted to other non-EU citizens holding a regular residence permit, namely:

• the possibility to enter national territory without a visa exemption, even when coming from countries for which it is required, and full freedom of movement with only the limitations provided by military laws;
• the possibility to stay outside the territory of Italy for up to 6 years while remaining in Europe and outside the European Union for up to 12 months; beyond this period, the right to maintain the EU Long-Term Permit expires, but a residence permit may be issued if other conditions are met (family cohesion, job waiting, subordinate or independent work);
• the possibility to carry out any work activity, subordinated or self-employed, within the State’s territory, except those expressly reserved by law to citizens or prohibited to foreigners;
• the possibility to move to another European country with active agreements as per EU directive to seek employment and apply for a residence permit in that country without the need for a visa;
• the possibility to participate in public competitions, excluding those concerning positions involving direct or indirect exercise of public powers, or relating to the protection of national interests (e.g., judges, military personnel);
• access to passive suffrage in Italy;
• the possibility, provided that the foreigner’s effective residence in the national territory is demonstrated, to avail themselves of social assistance benefits, social security benefits, those related to healthcare, education, and social services, as well as access to goods and services available to the public, including access to the procedure for obtaining public residential housing.

Long-term resident foreigners can only be expelled:

• for serious reasons of public order or national security, as well as in the context of countering international terrorism;
• in cases where personal prevention measures are applied against them.

When adopting the expulsion decree, the age of the person concerned, the duration of their stay, as well as the existence of family and social ties in the national territory and the absence of such ties in the country of origin must be taken into account.

The EU long-term residence permit may also be revoked, in addition to cases of expulsion, when it is found that its holder:

-obtained it fraudulently; -presents a new danger to public order and safety; -has been absent from the territory of the European Union for a period of 12 consecutive months; -has been absent from the territory of Italy for a period of six consecutive years; -possesses a similar residence permit in another EU State.

The EU long-term residence permit cannot be issued to foreigners deemed dangerous to public order or the security of the State. In assessing the dangerousness of the foreigner, consideration is given to belonging to one of the categories of subjects referred to in national legislation on personal prevention measures, as well as to convictions, even non-final ones, for crimes for which the Code of Criminal Procedure provides for mandatory arrest in flagrante delicto or, limited to non-negligent crimes, optional arrest.

Furthermore, the EU long-term residence permit cannot be issued to foreigners who:

• are staying for study or professional training purposes;
• are staying for humanitarian reasons;
• hold a short-term residence permit;
• enjoy a legal status provided for by the 1961 Vienna Convention on Diplomatic Relations, the 1963 Vienna Convention on Consular Relations, the 1969 Convention on Special Missions, or the 1975 Vienna Convention on Representation of States in their relations with international organizations of a universal character.

Request for issuance of the EU Long-Term Residence Permit The issuance of the residence permit must be requested by sending the Kit to the Post Offices with the following documentation:

Request by filling out forms 209, 1 and 2 of the postal Kit; 4 photographs; copy of the Passport; proof of minimum income according to the social security benefit (income tax return, tax statement, etc.); proof of current employment contract (UNILAV or UNISOMM receipt, INPS) or being self-employed, also through pay stubs, INPS bulletins, recent invoices, etc.; having passed the Italian language test at level A2 or proof of language proficiency through a diploma or exemption declaration from the ASL commission; proof of no previous convictions by submitting criminal record and pending charges certificates; housing suitability certificate if the request is also made for a dependent family member; birth certificate of the child to be included if applicable. The adult family member being supported will only need to fill out form 209 of the postal kit and include a copy of the holder’s permit.

Updating the EU Long-Term Residence Permit By law, the long-term residence permit must be updated for photo every 5 years and its details every 10 years upon request by the holder, so it is not a deadline but a need to keep the document data updated.

The update must be requested for the following reasons:

5 years from issuance change of residence, especially if changing the Province and therefore the relevant Police Headquarters change of travel document (passport) inclusion or reclassification of the name of the dependent minor child personal data changes (e.g., change of surname, city of birth) The update of the long-term residence permit is always requested through the Kit without any other proof than the copy of the existing permit, copy of the Passport, and indication of the various personal data on form 1 of the postal kit; in case of including the child, a copy of the Birth Certificate must be added.

The EU Long-Term Residence Permit indicates stability of the citizen in the territory; therefore, for both issuance and updating, the holder must be registered in the population registers of the territory.

Law no. 238 of December 23, 2021, Articles 3 and 15 (Provisions for fulfilling the obligations deriving from Italy’s membership in the European Union), effective from February 1, 2022, has modified the regulations concerning the EU long-term residence permit.

The law also expressly provides that the EU long-term residence permit is valid for 10 years and is automatically updated upon expiration of the physical document, upon submission of the relevant application to the Police Headquarters accompanied by new photographs. For foreigners under the age of 18, the validity of the EU long-term residence permit is 5 years.

The provision also confirms that the valid EU long-term residence permit constitutes a personal identification document.

The new type of electronic long-term permit has a validity period of 10 years.