The validity of a residence permit varies according to the type of VISA used for entering Italy and depends on the reasons for which the foreigner is authorised to stay in the national territory. A residence permit is not necessary for short-term stays (less than 90 days) for visits, business, tourism and study purposes. Nonetheless, foreigners must declare their presence in Italy:
- To the border authority as they are entering Italy if they are from a non-Schengen country or
- To the Questore (police commissioner) of the province in which they are staying within eight days from the arrival.
How long does a residence permit for employment reasons last?
A residence permit for work reasons is issued following the stipulation of a residence contract, and its duration shall not exceed:
a) 9 months in the case of one or more seasonal work contracts
b) 1 year in the case of a fixed-term employment contract
c) 2 years in the case of an open-ended employment contract
d) 2 years in the case of self-employment.
Residence permits issued following family reunification also have a maximum duration of 2 years.
What is the “renewal” of a residence permit?
The renewal of a residence permit is the issuance of a new permit. Usually the duration does not exceed the original one, provided that the conditions that granted the first issuance persist.
The so-called Cutro Decree (DL 20/23), converted with amendments into Legge N. 50/23, introduced important news regarding the duration of some residence permits during renewal, establishing that the renewed permit shall be valid for three years maximum (it used to be two). However, this will only be possible for permits issued for self-employment, open-ended employment and for permits issued to reunited family members.
These permits bypass the current general provision (Article 5, comma 4, TUI), on the matter of duration of the residence permit, which normally shall not exceed that of the original one. At the end of the first renewal, having spent five years of lawful residence in Italy, it will be possible, if the legal requirements are present, to request the issuance of an EU long-term residency permit.
How do I renew my residence permit?
The renewal of a residence permit must be requested at the Post Offices or the Questura (depending on the reason for renewal) at least 60 days before its expiry. This deadline is merely indicative, and there is no immediate sanction in the event of non-compliance.
Foreigners whose residence permit has been expired for more than 60 days will be considered irregular if they haven’t applied for a renewal.
What are the foreigner's rights when issuing or renewing a residence permit?
Article 5, comma 9-bis of the TUI (Consolidated Act on Immigration) allows for the temporary employment of foreigners while the issuance or renewal of their residence permit is pending. Before the administration completes the procedures, the foreigner can legitimately reside in Italy and work provided that:
- The foreign worker asked for the issue of a residence permit as their residence contract was finalized, or, in the case of renewal, the request was made before the expiry of the permit or within sixty days after the expiry of the permit;
- The competent office issued a receipt attesting that the application for the issuing or renewal of the permit was indeed submitted. The rights granted to the foreigner while the administration is working on the case cease only if the permit is not issued or renewed, or if it’s revoked or cancelled. Therefore, during this spell, it is possible to register with the National Health Service, renew an expired identity card, change residence, enjoy social security benefits, and obtain a driving licence.