If you decide to file your application for Italian citizenship by descent at a municipality in Italy you will need to apply for a specific permit of stay known as Permesso di soggiorno in attesa di cittadinanza, which will allow you to stay in Italy while your citizenship application is being processed. Indeed, in most cases, the process to be recognized as an Italian citizen may exceed 90 days, the length of time a non-EU citizen is allowed to stay in the EU. On the other hand, a permit of stay will allow you to reside in Italy beyond that time limit. How do you apply for a permit of stay in Italy? This article will answer some of the most frequently asked questions with regard to applying for a permit of stay while your citizenship application is being assessed.
When should you apply for a permit of stay?
If you have collected all of the vital records needed to apply for Italian citizenship at a municipality in Italy, once you arrive in the country you will need to submit a “dichiarazione di presenza” (literally “declaration of presence”) to the local immigration office in the police headquarters (Questura) within 8 days from when you enter Italy[1]. Depending on the municipality to which you are applying for Italian citizenship, you will need to apply for a permit either before you establish residency in the municipality and submit your citizenship application or after you have established residency and the municipality has started processing your application.
Establishing residency is a prerequisite to submitting a citizenship application, and it entails providing the municipality with your address in Italy. Please note that you cannot establish residency in a hotel or Airbnb, rather, most municipalities generally require a lease agreement, a deed indicating that you own the property where you are staying, or a letter of hospitality. Once you submit your application to establish residency, the local police will have up to 45 days to check if you reside in the property where you are staying. Once they verify your address you can file your application for Italian citizenship. The citizenship office will then provide you with a document confirming that you have submitted your citizenship application, and you will need to include a photocopy of this document in the application to obtain your permit of stay.
How do you apply for a permit of stay?
While the application for a permit of stay is processed by the local Questura, you will need to submit your request at the post office. If you hold a letter from the municipality stating that you have filed your application for Italian citizenship by descent, you will need to submit a photocopy of the letter to the post office which issues the kit that you will need in order to apply for the permit of stay. On the other hand, if the municipality to which you are applying for citizenship requires you to apply for a permit of stay first, you will need to provide the post office with an official letter stating that the municipality requires you to hold a permit of stay in order to begin the residency registration process.
The kit to apply for a permit of stay comprises a number of documents, namely:
- two forms – if you do not have any minor children you will only need to fill out the first three pages of form 1 (Modulo 1),
- a postal money order (bollettino postale),
- detailed instructions about submitting your application.
Once your kit is complete the post office will check that all of your documents are in order and they will mail the kit to the office of the Ministry of the Interior in Rome, which is responsible for issuing permits of stay.
How much does it cost to apply for a permit?
The postal money order to apply for a permit to stay costs 70,46 euros. It costs 30 euros to mail the kit. If your children are younger than 14 years old, you must include them in your application. Adding them will cost 30,46 euros each. On the other hand, if your children are older than 14, they will need to file their own application.
As for your spouse, generally speaking[2], the foreign spouse should wait until their Italian spouse has obtained the permit, as this will allow them to apply for a permit of stay for family reasons. In fact, without a permit, a foreign spouse (who is not an EU citizen) can only spend up to a maximum of 90 days in Italy.
What happens after you apply for a permit?
Once you submit your kit you will receive a letter from the local Questura asking you to attend an appointment in order for your fingerprints to be taken. Once the Ministry of the Interior’s office in Rome mails your permit to the Questura, you will receive a message and you will need to go back to the Questura to pick up your permit personally. In fact, you cannot delegate an individual to pick up your permit.
What does the permit look like?
The permit is a laminated card that is valid for one year. If the application process to be recognized as an Italian citizen exceeds 12 months, you must renew your permit. The procedure to do so is the same as obtaining the permit.
How long does it take to obtain a permit of stay?
The answer to this question varies greatly depending on the police headquarters (Questura) you are applying to. On average, it could take from a couple of months to 6 months, depending on the workload of the immigration office in the police headquarters. Once you obtain the permit, you must take it to the registry office (Anagrafe) in the municipality where you applied for citizenship for them to update your details. Finally, when you obtain Italian citizenship, you will need to hand your permit of stay to the municipality which granted you citizenship or to the Questura which issued your permit.
If you are considering applying for Italian citizenship by descent and would like further information about the application process, please contact us for a free consultation at [email protected].
[1] The declaration of presence is necessary only if you fly to Italy via another EU country. If you fly directly from the U.S. to Italy, the stamp which will be affixed on your passport in the airport in Italy will be acceptable in lieu of the declaration of presence.
[2] In some areas of Italy it may be possible for the foreign spouse to obtain a permit of stay for family members, which is issued with the permit pertaining to the spouse who is in the process of applying for citizenship.
