If you do not qualify for Italian citizenship by descent, there are many other routes to legally remain in Italy long term, some of them which can allow you to apply for citizenship later. One key document in the transition from being a short-term resident to a citizen is the carta di soggiorno or permesso di soggiorno illimitato. How does this differ from a short-term residency permit? How can you qualify for it, and how can it help you on a route to citizenship (should you seek that)? In this article, we’re covering everything you need to know about the carta di soggiorno.
How is a carta di soggiorno different from a short-term permit and a visa?
Essentially, if you are not an EU citizen, there are two kinds of documents you need to have to legally live in Italy: a visa and a permit to stay (“permesso di soggiorno”). The visa can be considered a “gateway” document; it is issued by an Italian consulate abroad and it allows you to legally enter Italy. A permesso di soggiorno is the document that allows you to legally reside in the county and it is the document that you will need to regularly renew to continue your stay. Note that if your permesso expires and you leave Italy without renewing it, you will need a new visa to enter the country with the purpose of staying for longer than 90 days again. The visa can be issued for work, study, or other reasons. Initially, the type of permesso di soggiorno that you receive, once in Italy, is attached to your visa, but there is the possibility to convert it later (e.g. going from a permesso di soggiorno for study to one for work). One of these conversions is, in fact, the carta di soggiorno.
A carta di soggiorno is a “permanent” residency card. (We put “permanent” in quotations because, as you will learn below, this isn’t necessarily the case). It is available to those who have legally lived in Italy with established residency for at least five years, as well as for those who are married to Italian citizens.
Another difference is the way in which you apply for a permesso di soggiorno and carta di soggiorno. To apply for—and subsequently renew—a permesso di soggiorno, you will first need to pick up a “kit” at your local post office, submit it and the paperwork there, and then you will receive a “receipt” with an appointment at the Questura (provincial immigration office) to submit more documents and finish the process. With the carta di soggiorno, on the other hand, you can skip the post office and go directly to the Questura with your paperwork. However, the way in which the application is presented for either one is dependent on the local Questura where the application is submitted. Therefore, it is advisable to always check the guidelines published on their website before you apply.
What are the requirements?
The prerequisites to be eligible for the carta di soggiorno depend on whether you are applying for it through residency or marriage.
For the carta di soggiorno through residency, the primary requirement is that you have been a legal resident in Italy for at least 5 years. This means that you must have registered as a resident at your local “Anagrafe,” as well as have a valid housing contract registered with the local “Agenzie delle Entrate.” You must also have a stable income that is sufficient to provide for yourself and any dependents, and be able to show that you have paid Italian taxes for at least one year (the year before applying).
In contrast, the prerequisites for marriage aren’t many. You simply must be married to an Italian citizen or an EU citizen who is registered as a resident in Italy. You will also need to be a resident of Italy yourself—or at least show documentation that proves your spouse’s residency—as well as be cohabitating with your spouse.
The necessary documents
Below are the lists of documentation you will need, whether you are applying via residency or marriage. Note that documents could vary from one Questura to the other; these are the most generally requested. Always check your local Questura for the precise list that you will need for your circumstances. Do not submit original documents to either the post office or Questura. It is recommended to always bring copies.
- Residency:
- Copy of your passport
- Copy of your codice fiscale and carta d’identità
- Copy of your current permesso di soggiorno
- Copy of your latest tax return (dichiarazione dei redditi) or CUD issued by your workplace
- If you work freelance, you should also present copies of your current invoices/pay stubs
- A background check certificate (casellario giudiziale)
- Certificate of residency
- Proof of a minimum A2 level in Italian (certificate issued by an accredited institution)
- Four color photographs
- Payment of €30 for the kit, €130.46 for the permesso, and €16 for the revenue stamp (marca da bollo)
- Marriage:
- Copies of the passports for both you and your spouse
- Copy of your marriage certificate
- Proof of residency (lease contract and a certificato di residenza issued by the local Anagrafe)
- Proof that your house is suitable to live in (idoneità alloggiativa; you can get this certificate from your comune)
- Note: You only need this if you want the 5-year permesso; see below.
- Proof of sufficient funds to live off of (e.g. letter from a bank, work contract, etc.)
- Four color photographs
- Payment of €30 for the kit (if necessary), €30.46 for the 5-year permesso, €80.46 for the 2-year permesso, and €16 revenue stamp (marca da bollo)
How long is it valid?
The carta di soggiorno issued for residency is considered “unlimited,” in that, unlike the other types of permits, which require regular renewals with documentation, the carta di soggiorno only needs to be updated every 10 years with the latest information.
The carta di soggiorno for marriage must be renewed after either 2 years or 5 years (this distinction is explained below). After this period it can be converted into a work permit or a permanent residency card if the 5 years of permanent residency and other requirements are met.
What are the benefits of a carta di soggiorno?
Perhaps the biggest benefit to the carta di soggiorno is its long duration and not having to consistently validate your reason for being in Italy. You can also work and study on it without limitation, while other types of permits are tied to the particular activity you are in Italy for, with restrictions on other sorts of activities.
However, if you are planning to stay in Italy long term, do not also discount the great benefits of obtaining Italian citizenship. You can get citizenship by naturalization after ten years of residency (or three if you have Italian ancestry), or after two years of being married to an Italian citizen. In this last case the time is halved if you have minor children. If you are a European citizen of another country, you can get Italian citizenship after four years of residency in Italy. Citizenship does not ever have to be “renewed” or “updated,” and you will also be able to vote with it, having all the freedom of an Italian and EU citizen.
New regulations as of August 2023
As of August 2023, new regulations have been put into effect regarding the carta di soggiorno for family members. First, they must now be a carta di soggiorno elettronica, that is, a card rather than the paper form that was issued previously. If you still have the paper carta di soggiorno, it must be updated because it is no longer considered valid.
Furthermore, according to Law No. 103 of August 2023, there are new regulations depending on whether the EU family member resides elsewhere in the EU or in their country of origin. In the former case (e.g. an Italian residing in Germany), nothing changes. Everything discussed above about the carta di soggiorno for the non-EU family member—its purpose, documents, and validity—all apply. (This relates to art. 10 and 14 of Legislative Decree no. 30 of 2007). However, the EU family member still residing in their country of origin (e.g. an Italian residing in Italy) will cause differing validity and regulations for the non-EU family member’s carta di soggiorno (related to art. 5, par. 8 of Legislative Decree no. 286 of 1998). Essentially, the permesso will only be valid between 2-5 years (depending on whether tax returns and an idoneità alloggiativa are provided, potentially among other conditions) and after this period it cannot be converted into a permanent carta di soggiorno as described above. (The duration relates to art. 19, par. 2 of Legislative Decree no. 286 of 1998). It can, though, be converted into a permesso for work reasons. It can also be converted into the carta di soggiorno for residency after those conditions have been met (related to art. 9 of Legislative Decree no. 286 of 1998).
Conclusion
This article has sought to explain what the carta di soggiorno is, differentiate the two methods of obtaining it (residency and family), along with how it differs from other permits, as well as breaking down the requirements and documents needed to obtain it. If you need legal advice for your particular situation, don’t hesitate to contact us at [email protected].
