Research Directorate, Immigration and Refugee Board of Canada
This Response replaces Response to Information Request ITA106264 of 28 February 2019.
For information on the EU residence permit for long-term residents, including appearance, validity, requirements and procedure to obtain, procedure to update, and rights of holders, see Response to Information Request ITA105099 of March 2015. For information on the methods by which officials determine whether the holder of an EU residence permit for long-term residents has been outside of the EU for longer than twelve months, see Response to Information Request ITA200488 of April 2021.
1. Grounds for Revocation
The website of the Italian General Directorate of Immigration and Integration Policies, which is part of the Ministry of Labour and Social Policies, provides the following information regarding the grounds for expulsion:
Foreign nationals who hold a long term EU residence permit may be expelled only on serious grounds of public security or public policy.
The age of the foreign national, length of stay, existence of family and social ties in the foreign country, as well as absence of the same in the country of origin, must be taken into account when considering expulsion of a third country national. (Italy n.d.)
The same source further states the following regarding the grounds for revocation:
The EU long-term residence permit may be revoked in the following cases:
- an expulsion measure has been adopted against the foreign national;
- permit was acquired fraudulently;
- the individual is considered dangerous with relevance to the public order and security;
- foreign national no longer fulfills the requirements set for its issue;
- absence from the territory of the [EU] for a period of 12 consecutive months;
- acquisition of a long-term resident status in another [EU] member State;
- absence from Italy for a period exceeding six years. (Italy n.d.)
In correspondence with the Research Directorate, a representative of the Italian General Directorate of Immigration and Integration Policies indicated that the above information about the grounds for revocation is correct and in effect as of 19 February 2019 (Italy 19 Feb. 2019).
In correspondence with the Research Directorate, a representative of an international law firm with offices in Italy, and whose areas of practice include immigration and residence permits, indicated that legislation regulating the EU residence permit for long-term residents, including requirements to obtain, revocation, expulsion and rights of holders, is provided in articles 9, 9-bis and 9-ter of [Italy's Consolidated Immigration Act] Legislative Decree No. 286 of 1998 (amended 2014) (Law firm 21 Feb. 2019). An unofficial English translation of said articles, as published by Italian national authorities and as retrieved from the UNHCR's Refworld database, as well as a French translation, is attached to this Response.
Article 9(7) of Legislative Decree No. 286 provides the following:
7. The residence permit as mentioned under paragraph 1 is revoked:
- if acquired fraudulently;
- in case of expulsion, as mentioned under paragraph 9;
- when lacking or coming to lack the conditions for the issuing, as mentioned under paragraph 4;
- in case of absence from the territory of the Union for a period of twelve consecutive months;
- in case of issuing of long-term residence permit by another Member State of the European Union, upon communication by the latter, and however in case of absence from the State's territory for more than six years. (Italy 1998)
Paragraph 4 of the same article provides the following:
The ((EU residence permit for long-term residents)) cannot be issued to aliens dangerous for public order or the State's security. In evaluating said dangerousness, the alien's belonging to one of the categories mentioned in article 1 of law n. 1423 dated 27 December 1956 is also taken into consideration, as substituted by article 2 of law n. 327 dated 3 August 1988, or in article 1 of law n. 575 dated 31 May 1965, as substituted by article 13 of law n. 646 dated 13 September 1982, or of possible sentences also not definitive, for crimes provided for by article 380 of the code of criminal procedure, as well as, limitedly to non-culpable crimes, by article 381 of the same code. For the adoption of a denial measure as regards the issuing of the residence permit as mentioned under this paragraph, the questore also keeps into account the duration of the residence in the national territory and the alien's social, family and labour integration.
((4-bis. Excepting the cases as mentioned under paragraphs 4 and 7, the EU residence permit for long-term residents as mentioned under paragraph 1-bis is rejected or revoked in cases of revocation or termination of the status of refugee or of subsidiary protection provided for by articles 9, 13, 15 and 18 of legislative decree n. 251 dated 19 November 2007. In the cases of termination as mentioned under articles 9 and 15 of the mentioned legislative decree, the alien is issued an EU residence permit for long-term residents, updated with the cancellation of the annotation as mentioned under paragraph 1-bis or a residence permit for other reasons in the presence of the requisites provided for by this consolidated act.)) (Italy 1998, Art. 9(4), emphasis in original)
Sources explain that a holder may have their permit revoked if they lose the status of refugee or holder of subsidiary protection (Italy 19 Feb. 2019; Law firm 21 Feb. 2019). The law firm representative noted that revocation due to loss of refugee or subsidiary protection status may be considered as falling under the category "foreign national no longer fulfills the requirements set for its issue" (Law firm 21 Feb. 2019). The representative of the General Directorate of Immigration and Integration Policies indicated that
only if the reasons for termination of the refugee status are those mentioned in arti[cles] 9 and 15 [of the legislative decree 19 November 2007, No. 251] (the beneficiaries of international protection has acquired the citizenship of a country and benefit of international protection in that country, or the circumstances that led to the recognition of subsidiary protection don't exist anymore), the foreigner is nevertheless issued a new EU residence permit for long-term residents, updated with the cancellation of the annotation referred to in paragraph 1-bis relating to international protection, or another residence permit in the presence of the specific requirements. (Italy 19 Feb. 2019)
2. Reinstating a Revoked Permit
According to Welcome Association Italy (WAI), a non-profit organization that provides "assistance and services to foreigners who want to live in Italy" (WAI n.d.a), if a foreigner loses their residence permit for the reason of absence from Italy [or from the EU (WAI 18 Feb. 2019)] for a period of "at least twelve consecutive months," or if they receive a long-term residence permit from another member state of the EU, the foreigner is given the opportunity to reacquire the permit, "always subject to the requirements [to obtain the permit]" (WAI n.d.b). Requirements to obtain the EU long-term residence permit include, among others: legal residence in the country for a minimum of five years (WAI n.d.c; Italy n.d.; Assistência cidadania italiana n.d.a), during which the individual cannot be absent from Italy for more than 6 consecutive months or 10 months over the course of the five-year period (WAI n.d.c; Italy n.d.). According to sources, exceptions apply for certain types of interruptions in the required five year residence, such as "serious and documented health reasons or other serious and substantiated reasons" (WAI n.d.c) or military obligations or serious reasons "supported by evidence" (Italy n.d.). Sources further indicate that requirements to obtain the EU long-term residence permit also include requirements in terms of income (Italy with Intesa Sanpaolo n.d., 8; WAI n.d.c) and knowledge of the Italian language (WAI n.d.c).
According to sources, the long-term residence permit cannot be held by individuals for reasons of study, professional training, temporary protection, humanitarian reasons, asylum [applications "when the related status has not been recognized yet" (Italy with Intesa Sanpaolo n.d., 9)], or by short-term residence permit holders (WAI n.d.c; Italy with Intesa Sanpaolo n.d., 9). For further information on requirements to obtain the EU long-term residence permit, see the excerpts of Legislative Decree No. 286 of 1998 attached to this Response.
According to sources, it is possible to reacquire a long-term residence permit that has been revoked under the same requirements for a first-time permit, with the exception that the period of stay required for eligibility is reduced to three years instead of five years (Italy 19 Feb. 2019; Law firm 21 Feb. 2019), and only for cases in which the permit was revoked due to an "absence from the national territory or because the applicant obtained [a long-term residence permit] from another EU country" (Law firm 21 Feb. 2019). The law firm representative explained that before an applicant can apply for the reinstatement of their long-term residence permit, they must first apply for an entry visa at an Italian embassy, and then apply for a residence permit once in Italy (such as a permit for work, family, or elective residence reasons), and then after three years of residency they will be able to apply for the EU long-term residence permit (Law firm 21 Feb. 2019).
3. Possibility to Appeal the Revocation of the Long-Term Residence Permit
According to a 2013 document available on the website of the Italian General Directorate of Immigration and Integration Policies, if an individual's long-term residence permit is denied or revoked, the individual can appeal to the "competent," "local" Regional Administrative Court (Tribunale amministrativo regionale, TAR) (Italy June 2013). Similarly, Assistência cidadania italiana, an Italian law firm that works in immigration law (Assistência cidadania italiana n.d.b), states that in the event of refusal or revocation of the permit, an appeal can be submitted to a TAR "or the ordinary courts for family reasons" (Assistência cidadania italiana n.d.a). Further information regarding the possibility to appeal the revocation of the long-term residence permit, including specific cases, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Assistência cidadania italiana. N.d.a. "Legal Immigration Assistance." [Accessed 18 Feb. 2019]
Assistência cidadania italiana. N.d.b. "About Us." [Accessed 18 Feb. 2019]
Italy. 19 February 2019. Ministero del Lavoro e delle Politiche Sociali, Direzione Generale dell’immigrazione e delle politiche di integrazione. Correspondence from a representative to the Research Directorate.
Italy. June 2013. Ministero del Lavoro e delle Politiche Sociali, Direzione Generale dell'immigrazione e delle politiche di integrazione. "Stay - EC Long-Term Residence Permit." [Accessed 11 Feb. 2019]
Italy. 1998 (amended 2014). Legislative Decree No. 286 of 1998. Unofficial English translation published by Italian national authorities. [Accessed 19 Feb. 2019]
Italy. N.d. Ministero del Lavoro e delle Politiche Sociali, Direzione Generale dell'immigrazione e delle politiche di integrazione. "EU Long-Term Residence Permit." [Accessed 11 Feb. 2019]
Italy, Ministero dell’Interno, with Intesa Sanpaolo. N.d. Staying in Italy Legally. [Accessed 18 Feb. 2019]
Law firm. 21 February 2019. Correspondence from a representative to the Research Directorate.
Welcome Association Italy (WAI). 18 February 2019. Correspondence from a representative to the Research Directorate.
Welcome Association Italy (WAI). N.d.a. "About Us." [Accessed 11 Feb. 2019]
Welcome Association Italy (WAI). N.d.b. "The Refusal and Revocation of the Residence Permit." [Accessed 11 Feb. 2019]
Welcome Association Italy (WAI). N.d.c. "The EU Residence Permit for Long-Term Residents." [Accessed 20 Feb. 2019]
Additional Sources Consulted
Oral sources: Italy – embassy in Ottawa, Ministero dell’Interno, Dipartimento per le Libertà civili e l'Immigrazione; law firm based in Italy that works in immigration law.
Internet sites, including: Canada – embassy in Italy, Trade Commissioner Service; Damiani & Damiani International Law Firm & Services; ecoi.net; EU – BlueCard.com, European Migration Network; European Council on Refugees and Exiles – Asylum Information Database; Factiva; Il Mattino; Il Messaggero; Il Tempo; Italy – embassy in Ottawa; The Local – Italy; Relocate Global; Santaniello & Partners; UN – Refworld; US – Department of State, Law Library of Congress; Vademecum Italia – Legal Guides.
Attachment
Italy. 1998 (amended 2014). Excerpts. Legislative Decree No. 286 of 1998. Unofficial English translation published by Italian national authorities. Translated into French by the Translation Bureau, Public Services and Procurement Canada. [Accessed 19 Feb. 2019]
