CE RESIDENCE PERMIT FOR LONG-TERM RESIDENTS
In order to apply for an CE Residence Permit for long-term residents (FORMER CARTA DI SOGGIORNO), it is necessary to satisfy the following requisites:
- regular residence in Italy for at least 5 years and a valid residence permit;
- income not lower than the annual amount of the social allowance, increased by half for every dependent family member. In order to see the amount of the social allowance (refer to the 2014 Income Table [Tabella Redditi]);
- passing of the Italian Language Test;
- not considered dangerous for the public order and the State’s safety.
It is not possible to apply for an CE Residence Permit for long-term residents in the following cases:
- if in possession of a residence permit for study and professional training reasons;
- if in possession of a residence permit for humanitarian reasons;
- if dangerous for the public order and the State’s safety.
The permit is indefinite.
WHERE TO APPLY
Application must be submitted to the Questura.
Through Post Offices.
The Kit also contains instructions, but if necessary it is possible to ask for help at the information points placed throughout the territory by associations, aid societies…
The Kit is to be mailed at Post Offices. It is necessary to show up with residence permit, passport or equivalent document.
DOCUMENTS TO BE INCLUDED IN THE ENVELOPE
- copy of passport; copy of the residence permit in expiry; copy of the certificate proving the passing of the Italian Language Test; copy of the certificate of the criminal records office and the certificate of pending proceedings, which are provided at the Court or the Public Prosecutor’s Office; copy of residence certificate and family certificate; copy of income statement; copy of unified LAV certificate (comunicazione unificata LAV), latest 3 pay packets (for dependent workers) or copy of the Chamber’s inspection together with the accountant’s statement concerning the business’s latest profits (for self-employment), copy of INPS’s hiring slip for domestic collaborators;
- copy of real estate lease, sale or bailment contracts, or conveyance.
- 16.00 Euro revenue stamp
- 27.50 Euro receipt of occurred payment for the issuing of electronic residence permits
to which it is necessary to add…
- residence permit tax equal to: 200.00 Euros for residence permits lasting more than 2 years (one part of the receipt must be included in the kit, the other part must be kept)
- 30.00 Euros to be paid at the post Office for mailing expenses
Children under 14 years of age do not have to pay the 200.00 Euro contribution.
THE POST OFFICE’S RECEIPT
The employee at the Post Office will issue a receipt. This receipt is very important: together with the expired residence permit it is valid as a normal residence permit. It is necessary so as to exit Italy while waiting for the new permit and to verify if it is ready by visiting the websites: portaleimmigrazione.it (Area Reserved for Foreign Citizens), or poliziadistato.it. With this receipt it is possible to sign an employment contract, a lease contract or any other contract, as well as to apply for residence and health card (tessera sanitaria). The Post Office will also set an appointment with the offices at the Questura for finger print taking and to provide photographs. When going to the Questura, it is necessary to provide the original documents of the copies mailed in the Kit.
CE PERMIT FOR DEPENDENT FAMILY MEMBERS
It is possible to apply for an CE Residence Permit for long-term residents also for the following dependent family members:
- spouse not legally separated and not under 18 years of age;
- children not of age, even belonging to only one of the spouses;
- children not of age born outside marriage, adopted, in foster care or in guardianship;
- dependent children of age with total invalidity;
- dependent parents.
In the above cases, it is necessary to prove to have proper housing (accommodation qualifications) complying with the parameters provided for as regards residential housing.
ACCOMODATION QUALIFICATIONS (IDONEITA’ ABITATIVA O ALLOGGIATIVA)
What are accommodation qualifications?
The accommodation qualifications certificate proves the house habitability, that is it states the number of people that can occupy the real estate on the basis of its dimensions. “Dimensions” means the size in metres of the surface of a house. The accommodation qualifications certificate is one of the requisites for specific procedures or fulfilments concerning the residence of non-EU citizens in Italy.
Pursuant to law 94/2009, the accommodation qualifications certificate must also certify, in the cases provided for, that the house has proper sanitary requisites, that is proper toilets and a proper ventilation and temperature (hence, the general definition of accommodation qualifications).
When is this certificate necessary?
The accommodation qualifications certificate is mandatory in the following cases:
- When applying for an CE Residence permit for long-term residents (should the application also be in favour of cohabiting relatives) as mentioned under Art. 9, paragraph 1 of Lgs.D. 286/98
- Entrance flows for subordinate job as mentioned under Art. 22, paragraph 2, letter B of Lgs.D. 286/98 and Art. 8 bis, paragraphs 1 and 2 of DPR 394/99, and Art. 30 bis, paragraph 2, letter D of DPR 394/99
- Application for No Impediment document for family joining as mentioned under Art. 29, paragraph 3, letter A of Lgs.D. 286/98
- Applications for so-called “family cohesion” as mentioned under Art. 30, paragraph 1, letter C of Lgs.D. 286/98
The non-possession of accommodation and sanitary requisites constitutes an impediment for the issuing of the residence permits mentioned above.
Where to apply?
The cognizant Office (in all of Italy) for the issuing of the accommodation qualifications certificate is the Technical Office [Ufficio Tecnico] of the Municipality of residence.
Pursuant to circular n.15 of the Ministry of Interior of 28 May 2012, it is not possible to self-certify this document since it represents a certification of technical conformity provided by the Municipal Technical Offices [Uffici Tecnici Comunali].
In most cases, application for the issuing of the certificate is to be carried out by filling in a form specially provided by the municipal offices, enclosing the following documents:
- copy of the applicant’s valid identity card, residence permit or registered receipt, sale, lease (rent) or bailment contract, duly registered and valid, cadastral planimetry of the apartment proving the total square metres, the accessory rooms, the portions of rooms and the use of each room, a revenue stamp
It is suggested to ask the administrator of the condominium or the owner of the apartment for the planimetry. In alternative, it is possible to ask for a “cadastral search” at the Cadastral Office of the Territorial Agency [Ufficio del Catasto - Agenzia del Territorio].
Parameters for accommodation qualifications
Circular n. 7170 of the Ministry of Interior of 18 November 2009 clarifies the amendments introduced with law n. 94 of 15 July 2009 (safety package [pacchetto sicurezza]), concerning the necessary requisites in order to obtain the accommodation qualifications certificate.
In fact, the circular specifies that “certification concerning the accommodation qualifications certificate can refer to the regulation contained in the Ministerial Decree of 5 July 1975 which establishes the main sanitary requisites of the rooms and it also clarifies the minimum requisites as regards the surface of the housing, with regard to the envisaged number of occupants.”
Therefore, in order to ensure a homogeneous interpretation throughout the whole national territory, the table of reference is as follows:
Surface per occupant
1 occupant – 14 sqm
2 occupants – 28 sqm
3 occupants – 42 sqm
4 occupants – 56 sqm
for every following occupant +10 sqm
Composition of the rooms
Bedroom for 1 person – 9 sqm
Bedroom for 2 people – 14 sqm
+ a 14 sqm living-room
For one-room flat
1 person – 28 sqm (including bathroom)
2 people – 38 sqm (including bathroom)
Housing must have a minimum height of 2.70 m that can be derogated to 2.55 m for mountain towns and to 2.40 m for corridors, bathrooms, accesses and storerooms.
Living-room and kitchen must be provided with a window that can be opened, while bathrooms must be provided (if lacking windows) with a mechanic ventilation system.
Housing must be provided with a heating system where weather conditions make it necessary.
These are the minimum habitability requisites, or rather qualifications, for real estate accommodation.
DOCUMENTS THAT SPOUSE, MINOR CHILD ABOVE 14 YEARS OF AGE AND DEPENDENT PARENT LAWFULLY RESIDING IN ITALY MUST ENCLOSE IN THE ENVELOPE:
- Mod 1 of the Kit duly filled in; Mod 2 (only if the applicant has an income); copy of valid residence permit; copy of passport (only the pages indicating personal data, visas and the State’s territory exit and entrance stamps); copy of the applicant’s residence title; copy of documentation proving a personal income (if in possession) or the income of the spouse/parent/child holder of the EC resident permit for long-term residents (lacking a personal income, it is fundamental to enclose a copy of documentation proving the possession of economic resources sufficient to support family members and a self-support statement); copy of the certificate of the criminal records office and the certificate of pending proceedings (which are provided at the Court or the Public Prosecutor’s Office) for whoever is over 14 years of age;
- copy of the accommodation qualifications certificate, issued by the cognizant Technical Office [Ufficio Tecnico] of the Municipality of residence; copy of the real estate lease, sale or bailment contract registered in the applicant’s name or that of the spouse’s, or copy of «conveyance»;
- copy of family certificate proving the composition of the family unit and residence;
- copy of a certificate proving the family link, issued by the country of origin, translated into Italian and legalized at the Italian Embassy/Consulate (marriage certificate, birth certificate, etc.).
WHEN CAN THE CE RESIDENCE PERMIT FOR LONG-TERM RESIDENTS BE UPDATED?
- if the holder has to insert a child born in Italy. In this case, it is necessary to include birth certificate, the minor’s passport and the other parent’s consent statement;
- if the holder has a child who entered Italy through family joining. In this case, it is necessary to include a copy of the entrance visa present on the passport and relevant documentation issued by the Sportello Unico for Immigration;
- if the data of the holder’s passport have changed. In this case, it is necessary to fill in Mod 1 and include personal data, visas and the State’s territory exit and entrance stamps;
- change of residence (fill in Mod 1);
Applications for updating permits are exempt from the payment of the 200.00 Euro contribution.
WHEN MUST THE CE RESIDENCE PERMIT FOR LONG-TERM RESIDENTS BE UPDATED?
- in case of variations of personal data (fill in Mod 1 and include statements of diplomatic representatives for variations of name, surname, etc);
- if the title is used as personal identity document, it is necessary to update photos every 5 years.
Applications for updating permits are exempt from the payment of the 200.00 Euro contribution.
WHEN IS IT REVOKED?
The CE Residence Permit for long-term residents is revoked:
- if acquired fraudulently;
- in case of absence from the European Union for 12 consecutive months;
- in case of absence from Italy for 6 years;
- in case the EC Residence Permit for long-term residents is issued in another Country of the European Union;
- lacking the conditions for its issuing;
- when the foreign citizen becomes a danger for the public order and the State’s safety.