The issue of obtaining a residence permit in Italy.
I consider it necessary to make a brief digression and immediately draw your attention to the fact that when acquiring a citizenship in Italy there is no need to renounce the status of a citizen of the Russian Federation, unlike, for example, from the analogous situation with Spain. Of course, the Spanish legislation presupposes the acquisition of dual citizenship, but only for the inhabitants of Portugal, Andorra, the Philippine Islands, Equatorial Guinea and the countries of Latin America & # 8212; Our compatriots in this case must renounce their previous citizenship and swear allegiance to the King of Spain. Citizenship in the Italian Republic assumes the automatic reception of the status of an EU citizen.
Foreign citizens (non-residents) who own housing in Italy have a number of visa advantages, but I would like to especially emphasize that the presence of one’s own house or apartment in the Italian Republic can not de facto serve as a basis for obtaining a visa or residence permit (residence permit) . The owner has the right to visit his house for business purposes, excluding the intention to permanently reside, for example, to register a lease, on the call of a management company responsible for the safety of housing in the absence of its owner, and, of course, for tourist reasons. The length of residence is determined by the validity of visas issued by the relevant Italian Consulate. The owners are entitled to receive a multi-visa of the Schengen model annually, which is confirmed by new rules that came into force in the autumn of 2013: for a period of 180 days, a person has the right to stay in the territory of the state entering the Schengen area within 90 days.
For comparison, consider the differences in the specifics of the rules before they change and after that. During the first six months of the Schengen visa, a person could be present in the territory I’m talking about, 90 days at the very end of this half-year and another 90 days in the second half, which in total amounted to almost 180 days. Of course, we subtract from this number one day, for which it is necessary to leave the Schengen zone and return back. As a result, it turns out that at this point in time, the period of stay is calculated based not on the calendar half-year, but on the summation of the corresponding time for 180 days. In my opinion, guided by Italian legislative act No. 286 of July 25, 1998, which includes the basic provisions on the rights and obligations of aliens and the issuance of visas and residence permits in the Italian Republic (General Provisions Concerning Immigration and the Status of Aliens), it is possible to subdivide persons who are on the territory of Italy into two groups on a time basis: the first group & # 8212; These are tourists (Turista), staying in the country for less than three months, and the second group “# 8212; resident (Residente), who are in the country for more than three months.
Beginning the analysis of specific aspects that fall within the scope of this article, I consider it compulsory to give formulations of fundamental concepts, more details which I intend to consider as I move forward to study the issue in the following papers. This article is dedicated to the individual issue of the specifics of obtaining residence permit in Italy.
Residence permit in the Italian Republic (Permesso di soggiorno) & # 8212; this is a legal document that gives the person of the subject the right to legally be on the territory of the state of the Italian Republic, having a base for a visa of the type “D & # 187 ;. A visa of the type “D & # 187; assumes the possibility of staying in the country for 365 days and, subject to all necessary procedures and instructions, guarantees the receipt of residence permit.
Permanent Residence permit in the Italian Republic (Permanent residence) & # 8212; this is a legal document guaranteeing the status of official recognition by the Italian authorities to a large extent of the fact of integrating a person into the society of that country, which is outstanding as a resident not less than 5 years later in the Italian Republic. Prolong permanent residence is not necessary & # 8212; it is issued for an unlimited period of time.
Citizenship in the Italian Republic (Cittadinanza) & # 8212; this is a social status in society, received by a person, with the normative observance of all legal procedures after 10 years of legal residence in the country, provided there is no criminal record and a fixed source of income.
Residence permit in the Italian Republic.
So, the Residence permit in the Italian Republic (Permesso di soggiorno) & # 8212; this is a legal document that gives the person of the subject the right to legally be on the territory of the state of the Italian Republic, having a base for a visa of the type “D & # 187 ;. It can be either permanent or temporary, in the form of a document on paper or a plastic electronic card (PSE). A visa of the type “D & # 187; this is the so-called “National Visa”, which assumes the possibility of being in the country for 365 days and, subject to all necessary procedures and instructions, guarantees the receipt of residence permit. The state body, whose competence includes the issuance of residence permit is called Questura. As I have repeatedly said, the fact of the ownership of real estate in Italy does not automatically obtain residence permit.
Acquiring the ownership of housing can only count on obtaining a visa, which entitles the right to stay in the country for not more than 90 days. I note: there is such an option that you can apply for residence permit without having real estate in the Italian Republic in ownership, but at the same time possessing the status of a tenant. The need to obtain residence permit is facing a person, if it intends to spend more than 90 days in Italy. If a person travels to Italy for less than 90 days for a tourist, business or educational visa, it is enough for him to fill in the form of the Statement on the presence in the Italian Republic (dichiarazione di presenza) at the local police department (Questura) without asking for a residence permit. After the law No. 40 was adopted in the Italian Republic on 6 March 1998, the process of obtaining residence permit, as well as further procedures for naturalization in the territory of that state, has become more liberal, more transparent and much more acceptable in time (the process lasts approximately 3 months on average ).
The application for a residence permit must be submitted at one of the post offices (Uffici postali) or at the police station at the place of residence of the person (the above-mentioned Questura) within 8 working days. For each type of residence permit, which I intend to give below, it is necessary to fill out and sign a special form, while it should be clarified that for the filing or renewal of a residence permit, no fluency in Italian is required. Since March 10, 2012, when applying for a residence permit for the first time, the obligation of all foreigners over 16 years from non-EU states is the signing of the “Integration Agreement”. (Acting in a unified system with the Law on Security, 2009), which is concluded between an immigrant and the state for a period of two years. At the time of signing the document, a person takes on a number of duties, such as mastering the Italian language at the elementary level (according to the A2 classification), the organization of the state apparatus of the Italian Republic, the foundations of the Constitution, the structure and specificity of the health and education systems. Further, during two years of stay in the country, the immigrant will be assessed, or points that show progress, or, accordingly, regress in the development of various indicators in the process of integration into the society of Italy: compulsory attendance of special courses, the level of mastering the national language, education , behavior, registration of real estate transactions, doing business, or volunteering. The state, in turn, undertakes to stimulate and support the integration process, for example, by organizing special courses and training programs on a free basis. The state body, whose specific activities and competence includes assessment, after two years, results on the basis of documents submitted by the immigrant on their progress in integration, is called the Unified Immigration Branch. If there are no documents, the person will be given the opportunity to undergo testing. When an immigrant reaches a threshold of 30 points or higher, it is recognized that the “Integration Agreement” was observed in accordance with accepted norms. If the result is achieved in the limit, which varies from 1 to 29 points, the integration period lasts another year through the extension of the agreement. Persons whose activities are estimated from 0 points and below are subject to deportation from the country.
Since 11 December 2006, the Italian Republic has introduced a new variation of the residence permit document, presently present along with the paper carrier & # 8212; plastic electronic card (PSE – permesso di soggiorno elettronico). It contains an integrated electronic chip and a request for its issuance, or the extension must be submitted to the above-mentioned questuru only through the post office at the location. When applying for a receipt, or renewing a residence permit, a person receives a receipt indicating the acceptance of the application (ricevuta). During the renewal process, this document replaces the residence permit and gives the person the same rights as the residence permit itself. For registration of residence permit you should collect a complete package of documents regulating this process:
The completed request form (Form). A valid passport with a visa, as well as a photocopy (In particular, a copy of the page with the owner’s metric data and a copy of the remaining pages). Photos in quantity of 4 pieces. The stamp of the state duty (marca da bollo, its cost is about 15 euros). For a specific type of residence permit, the payment procedure varies between 80 euros and 200 euros. Notarized original documents, which are justifications that the applicant has grounds for residence permits. For a specific type of residence permit, other necessary specific documentation.
There are several variants of residence permit, which I intend to consider in detail below:
Residence permit with the right to work for conducting individual entrepreneurial activities (permesso di soggiorno per lavoro autonomo / indipendente). This so-called “Business immigration”, by the way, I want to note that it is very popular, because compared to other ways, this procedure is much easier from a bureaucratic point of view, and does not involve serious financial costs. In my opinion, the immigration procedure, which I named “Business immigration”, in the case of the investor’s intention to purchase real estate in the country, is most suitable for people who do not have extensive financial resources. In addition, I am skeptical about the option of acquiring a ready-made business, since after the transaction is completed, the new owner can discover the undiscovered “pitfalls” in the form of not documented different encumbrances. This program allows people who orient their interests in the future for the acquisition of real estate in Italy, with regulatory compliance with all procedures to obtain residence permits, without touching on such aspects as the concept of minimum investment, creating the necessary number of jobs, as well as knowledge of the national language. Taxation is at a relatively low level.
Residence permit with the right to work for persons working on a wage basis (permesso di soggiorno per lavore). Required is the availability of an application from the employer in the territory of the Italian Republic with the right to residency, study and work (permesso di soggiorno per studio). The status of possession of this document assumes admission to an educational institution in the territory of the Italian Republic and allows you to work, but not more than 20 hours per week.
Residence permit for family reunification (permesso di soggiorno per ricongiungimento familiare). It is necessary to provide documents legally confirming the relationship with a resident of the Italian Republic to the third degree of kinship. In comparison with “business immigration”, in this case it is mandatory to have a stable and fixed source of income for the maintenance of the family, which is regulated on the basis of the number of relatives in the process of reunification. In addition, it is also mandatory to have a property in the property of the Italian Republic.
The permit for foreign specialists of high qualification (CARTA BLU UE). In my opinion, the initiation of this new residence permit on August 8, 2012, envisaging the creation of special conditions for attracting specialists from third countries to carry out labor activities, which requires a person of high qualification and serious professional experience, can seriously increase the capabilities of certain sectors of the Italian economy. Possession of this document, which also carries the name “Blue Card”. assumes a simplified procedure for entering Italy, as well as a special status for foreigners with diplomas of higher education who have been trained for at least three years. The definition in this case of a foreigner in Italy as a high-class specialist is possible if the diploma of a professional qualification in the Italian Republic issued by the competent commission in the homeland is met. Occupation by professional activity, when concluding a contract for a period of not less than 1 year, is possible after the appropriate permission of a representative of public authorities, whose competence includes this issue.
VNZh without a right to work, de facto excluding the possibility of doing any kind of activity, which is called & # 171; Selected residence & # 187; (residenza elettiva). I believe that the immigration procedure of this type of residence permit is aimed only at extremely wealthy people who have significant financial resources, since in this case the stable passive income sources present in the homeland are present, which allow to exist on the territory of Italy autonomously. after all, any labor activity that brings to arrive in the country is prohibited. The duties of a person with this residence permit include the annual completion of the tax return, the strict observance of the tax policy, which involves the payment of all property taxes, which was declared to the Italian authorities, regardless of the country in which the owner currently resides. It turns out that to obtain this residence permit, a person is required to provide a full report on the sources of his income, as well as a complete list of his property, in addition, “# 8212; This residence permit can not be reassigned to another type. I want to clarify that the taxation policy in the case of Business immigration & # 187; It is clearly different from the chosen place of residence & # 187; in the direction of economy, but at the same time, of course, they have different specifics, since they have an absolutely different target audience. This residence permit is issued for a period of 1 year with an annual extension, providing the authorities with complete data on sources of income, as well as changes in this area.
The issue of obtaining a residence permit in Italy.