Italian Residency Case Study: Restoring Permanent Residency

Mr and Mrs A are UK nationals who acquired a property in Italy back in 2010. Following the Italian property purchase, they registered their Italian residency at the comune’s registry office. 

Fast forward to 2023, and the couple initiated the permesso di soggiorno application process. This was part of the EU-UK Withdrawal Agreement arrangements designed to protect citizens’ rights as part of Brexit. Yet, discrepancies surfaced in their Italian residency paperwork.

Faced with this situation, and being unable to continue with their permesso di soggiorno application, they therefore sought legal advice from De Tullio Law Firm.

Unveiling the loss of Italian Residency

The De Tullio legal team examined the situation. We discovered that Mr and Mrs A were no longer registered as Italian residents at their local municipal registry office.

While interacting with the registry office, our legal team discovered that the office had made two unsuccessful attempts in 2021 to deliver paperwork to Mr. and Mrs. A’s registered residence. However, they were not in Italy on either occasion. The comune therefore challenged their physical presence in Italy. Subsequently, the registry office chose to revoke their Italian residency status. Despite the office’s assertion of having informed them, Mr. and Mrs. A remained completely unaware of this development.

The Legal Labyrinth of Residency in Italy

In accordance with Italian law n. 223/1989 and registry office regulations, a person can lose Italian residency status due to ‘irreperibilità’ (unavailability). In other words, a comune’s registry office can revoke Italian residency if people aren’t physically present at their registered residence during multiple verifications.

Nevertheless, the right to permanent residency acquired prior to Brexit in the EU-UK Withdrawal Agreement provides vital protection for Mr. and Mrs. A. According to Article 15, Paragraph 3 of the EU-UK Withdrawal Agreement, “Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years.” This legal safeguard therefore guaranteed Mr and Mrs A’s entitlement to maintain permanent residency status, as they hadn’t been absent from Italy for a period exceeding 5 years.

Upon analysis of the EU-UK Withdrawal Agreement, it became evident that the registry office had unjustly revoked their Italian residency status. As UK citizens, they had protection. Once De Tullio lawyers confirmed this legal protection, the comune promptly reinstated residency status. This resolution ensures that the couple have retained their right to continue enjoying Italian residency.

A Cautionary Note for Non-Italian Nationals regarding Italian Residency

This case underscores the importance of comprehending regulations governing Italian residency for UK citizens post Brexit. At De Tullio Law Firm, we are always happy to assist with the complexities of Italian residency law. If you are a non-Italian national residing in Italy we strongly recommend vigilance regarding your residency status. Do not hesitate to reach out to us for expert guidance and legal support. Your peace of mind remains our utmost priority.