Italian Immigration Laws

Italy has long been known as a net exporter of its citizens to other countries. So it came as some surprise when the 1981 census showed that 320,778 foreigners were living in Italy. Further, a bigger surge was yet to come, and this spurred a host of legislation to better control immigration. Between 1984 and 1989, approximately 700,000 to 800,000 people entered Italy. Of these, it is estimated that 300,000 to 350,000 entered or remained in Italy without a valid residence permit, according to the Bologna Center for International Affairs in a report issued in the fall of 2008.

Alarmed by the growing and unchecked numbers of immigrants, Italy established its first immigration law in 1986, which regulated immigrants' access to the labor market. With this legislation viewed as weak and underenforced, a second law was passed in 1991. It recognized both the rights and obligations of immigrants and is viewed as Italy's first comprehensive immigration legislation. A succession of other laws followed, rendering Italy's immigration policy quite complex, as will be described below.

• It's Who You Are, Not Who You Know

If you are a foreigner, but a family member of an Italian citizen, and you have entered Italy legally, you can directly apply for a Long-Term Residence Permit through the police or at the post office in Italy. You will need a photocopy of a passport or other equivalent document, four passport-sized photos, proof of the family relationship and possibly proof that the applicant is a dependent family member.

      The policy is similar for foreign family members not yet residing, visiting or living in Italy. If you are a citizen of the European Union (EU) not yet living or residing in Italy, you can apply at the post office or police station after arriving in Italy if you are the citizen's spouse, a direct descendant under 21 years of age or a dependent descendant of either spouse. Also, parents, grandparents, great grandparents of the spouse may also apply.

• European Citizens

 This is the easiest case. EU citizens need only apply for registration in the town where they live if they plan to stay in Italy no longer than three months. But there are caveats as you will see.

•   If You Want to Stay in Italy Longer Than Three Months

 If it's your first time to Italy, you must apply for a residence permit within eight days after arriving. A foreigner already in Italy whose permit is about to expire must apply for renewal no longer than 60 days past the permit's expiration. To get a residence permit application you will need a valid passport and possibly a visa, photocopies of both, four recent identical passport photos and 14.62 euros (about $20 U.S.). Here is where it gets really confusing. Depending on your renewal situation, the type of residence permit being sought has different renewal requirements. 

The application must be submitted at least 90 days before its expiration for a two-year residence permit. The time requirement dips to at least 60 days before expiration for a one-year residence permit. Thirty days before expiration is the submission limit for all other permits. Wait, there is more. The expiration date for a residence permit is the same as the expiration date of the entry visa, which lapses after nine months for seasonal work, remains valid one year for temporary work or vocational training, and is good for up to two years for self-employed work, permanent work or a family reunion (no kidding).

• New Rules for Permits of Less Than Three Months

Starting in 2007, visitors to Italy interested in tourism, business, visits or studies are no longer required to apply for residence permits but they must report to border authorities if they are from non-Schengen states. Schengen states are those 24 EU countries that signed a pact allowing unimpeded access across all Schengen state borders. Most notably, Great Britain and Ireland are not Schengen states. If arriving from other Schengen states, visitors must report to a local police department within eight days unless they are staying in a hotel, in which case they will fill out a report at the hotel.

•    Nine More Exceptions

 These exceptions allow residence permits to be applied for at the provincial police headquarters and include visitation for medical treatment, sports events, work holidays, humanitarian reasons, political asylum, justice, application for stateless status, integration of a minor or minor age.

•  Applications That Must Be Made to Specially Designated Post Offices

 These include residence applications needed due to guardianship, religious reasons, elective residence, studies for more than three months, renewal of political asylum, internship for job training, pending acquisition of citizenship and pending employment. This list is not exhaustive and it is highly recommended that those in exigent circumstances contact the town council or local designated institutions for help with the process.