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Renewal of expired residence permit and prolonged absences from the Italian territory

The request for renewal of the residence permit must be submitted within 60 days of the expiry date. In case of non-compliance with this deadline, unless the delay was due to force majeure, it can be ordered pursuant to art. 13, paragraph 2, lett. b, Italian Legislative Decree 286/1998 on immigration, the expulsion of the foreigner from the Italian territory.

However, the Italian Supreme Court of Cassation (decision no. 4635/2012, order no. 8786/2021) established that the spontaneous submission of the application for renewal of the residence permit after the deadline of 60 days from its expiry, does not allow the automatic expulsion of the foreigner, which can be ordered only if the application has been rejected due to the lack, original or supervening, of the requirements envisaged for the foreigner's stay on the national territory.

For the assessment of the aforementioned requirements, particular attention must be paid to prolonged absences from the Italian territory, which, if not justified by serious reasons, may lead to the revocation or non-renewal of the residence permit.

Specifically, article 13 paragraph 4 of Italian Presidential Decree 394/99 (Implementation Regulation of the Law on Immigration) establishes that "The residence permit cannot be renewed when the foreigner has interrupted his / her stay in Italy for a continuous period of more than six months or, for residence permits lasting at least two years, for a continuous period exceeding half of the residence permit validity period, unless the interruption depended on serious obligations and proven reasons".

The EU residence permit for long-term residents has an unlimited duration and does not require renewal. At the discretion of the interested party, it can however be updated every five years to continue to be used as a personal identification document (Article 17 of Italian Presidential Decree 394/99).

The EU residence permit for long-term residents can be revoked in the event of absence from the territory of the European Union for a period of 12 consecutive months or absence from the Italian territory for a period exceeding 6 years (Article 9 paragraph 7 of the Italian Legislative Decree 286/1998 on immigration).

Avv. Lifang Dong and Avv. Chiara Civitelli

The content of this article does not constitute legal advice, but has an informative function. For personalized legal advice, contact the firm by e-mail or by phone +39 06 916505710. © Dong & Partners International Law Firm, All rights reserved

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