CARTA DI SOGGIORNO INSTRUCTIONS FOR USE

I have got itProgetto pilota sperimentale finanziato dalla Regione Lombardia, nell’ambito dell’accordo di programma con il Ministero del Lavoro e delle Politiche Sociali, realizzato dalla Fondazione ISMU e dalla cooperativa Progetto Integrazione in collaborazione con partner locali

Regione Lombardia deems it useful for all citizens living and working in the region to issue this brochure, which is meant to orient foreigners towards the acquisition of rights and ensure social security.Considering that the region reports the largest number of long-established immigrants in the country, the regional government of Lombardy intends to promote the issuance of the Carta di Soggiorno to the foreigners that have settled in the region and are willing to integrate.This choice is important in the framework of the national and regional plans designed to govern migration flows,

assist and support social, economic and cultural development processes, and ensure security.The publication of this brochure and the other communication actions intended to spread information on the opportunities involved in obtaining the Carta di Soggiorno were made possible by the co-operation between Regione Lombardia and the Ministry of Labour and Social Policies.

Giancarlo AbelliRegional Councillor, Family and Social Solidarity

The Carta di Soggiorno is a document that allows foreign citizens from outside the European Union (EU) to live regularly and indefinitely in Italy. For 5 years after issuance, the Carta di Soggiorno also serves as an identity document.The Carta di Soggiorno was introduced by Law 286/1998 “Act on Immigration and the Status of Aliens”, article 9 (Decreto Legislativo "Testo Unico delle disposizioni concernenti la disciplina dell'immigrazione e norme sulla condizione dello straniero"). Later, Law 189/2002 “Amendment to the regulations on immigration and asylum” ("Modifica alla normativa in materia di immigrazione e asilo") modified some aspects of it (article 9).

What is the Carta di Soggiorno?

Contrary to the Stay Permit, which is a document having a temporary validity, the Carta di Soggiorno has no expiry date, and, hence, allows the holder to live in Italy in a long-term perspective. In particular, this document grants some additional right and security as compared to a Stay Permit. When holding a carta di soggiorno, an alien: n has the same rights as Italian citizens as to social and assistance services; e.g. he/she can

obtain the subsidies provided to women with a large family, a disability pension, or a social pension;

n he/she can be expelled only on the grounds of public order or State security-related reasons;

n can move in and out of Italy, and travel on tourism across the countries signatory to the Schengen Agreement (Portugal, Spain, Italy, Greece, France, Austria, Germany, Belgium, the Netherlands, and Luxembourg)

n will in the future be entitled to vote for local government elections.

Why is it important?

Who can apply for it?

Any foreign citizen from outside the EU, in any of the situations described below, can apply for the Carta di Soggiorno:

any non-EU foreign worker with no spouse or children in Italy who:(a)has been regularly living in Italy for at least 6 years,(b)when submitting his/her application for Carta di Soggiorno, is a resident and holds a

valid Stay Permit, issued on grounds that allow for continuing renewal (i.e. a Stay Permit for permanent employment, self-employment, family; but NOT for study, seasonal employment, and all those that do not envisage an unlimited number of renewals),

(c)has not been convicted and is not being sued for offences or crimes falling under penal laws for which the Italian law envisages imprisonment (articles 380 and 381 of the Italian Penal Code),

(d)is not considered dangerous for public order and public safety,(e)has a regular employment contract with no definite duration or is self employed, with

a sufficient income (at present, the minimum income to obtain the Carta di Soggiorno is equivalent to the welfare subsidy, namely euro 4667 a year. The amount is updated at regular intervals).

any non-EU foreign worker with family in Italy

In this case, the worker can apply for the Carta di Soggiorno for him/herself, an also for his/her spouse and children under age. Foreign workers cannot apply for a Carta di Soggiorno for their dependent parents.

For the head of the family, the requirements are the same as described in (a), (b), (c), (d) and (e) above. For his/her dependents, the requirements are those described in (b), (c) and (d) above; it is not required that they have been in Italy for 6 years or have a job (Ministry of the Interior, Circular letter - Ministero dell'Interno, Circolare 300/C/2001/355/P/12.214.9/1 DIV., 04/04/2001). In this case, however, the following requirements as to income and housing are established:(f)the head of the family is expected to earn an income sufficient to support the whole

household, i.e. an amount equivalent to the welfare subsidy (see (e), situation 1) if the family consists of 2 members maximum; twice that amount for 3 to 4 family members; three times that amount for 5 or more family members. If the head of the family alone does not earn a sufficient income, he/she can also calculate the income of the spouse and children (if they are employed);

(g)the family is expected to have a suitable accommodation, complying with the rules laid down in the regional law on low-rent housing. In Lombardy, the law establishes that a dwelling with at least one room (and a bathroom) is fit for a family of 1 or 2; a family of 3 must have a dwelling with at least two rooms (plus bathroom); a family of 4 or 5 at least 3 rooms; a family of 9 or more at least 6 rooms.

situation 1 :

situation 2 :

situation 3 :

situation 4:

Beware!nHusband and wife can choose whether to apply for the Carta di Soggiorno jointly (as a

family) or individually (as two workers), butnif they have children under age living in Italy, the parent applying for the Carta di

Soggiorno must apply also for them (unless the children have already got their Carta because they are dependent on the other parent).

nIn any case, if the whole household is living in Italy, even if only one of the spouses applies for the Carta di Soggiorno for his/herself alone, he/she is expected to show that he/she is earning an income that can support the whole household.

non-EU foreign spouse or children under age coming to Italy to join the head of the family, who has his/her Carta di Soggiorno

The situation is almost like situation 2, but in this case the Carta di Soggiorno might be issued to the head of the family’s dependents immediately, with no need for a family Stay Permit. Their authorization to stay is in fact linked to the head of the family’s (unless there are special public order-related problems). It may, however, be difficult to collect the documents necessary to apply for the Carta di Soggiorno for family dependents within a few days of their entry. Therefore, it often happens that, in the first place, family dependents are issued a family Stay Permit. When all documents are ready, the head of the family can apply for the Carta di Soggiorno according to the procedures described for situation 2 (see below "How to apply for Carta di Soggiorno").

non-EU relative of an Italian or EU citizen

In this case, the regulations on the stay of EU citizens are applicable (President of the Republic's Decree - Decreto del Presidente della Repubblica, 18/01/2002, No. 54). Not only are the spouse, children under age, and parents of the head of the family entitled to the Carta di Soggiorno envisaged for EU citizens, but also the spouse’s parents and children, and any other member of the family living with, or dependant on the head of the family or his/her spouse or their parents, whatever their nationality. Hence, the laws provide that non-EU relatives of a EU citizen living and working in Italy are issued a first 5-year Carta di Soggiorno. After 5 years (instead of 6), the Carta di Soggiorno is renewed indefinitely. The same provisions apply to non-EU foreign relatives of Italian citizens residing in Italy.Also in this case, the fundamental requirements the applicant is expected to fulfil are that:(a)he/she has not been convicted and is not being sued for offences or crimes falling under penal

laws, for which the imprisonment is envisaged (articles 380 and 381 of the Italian Penal Code),(b)is not considered dangerous for public order and public safety,(c)has a sufficient income of his/her own or provided by the head of the family (see

previous sections on minimum income).

No requirement is indicated as to accommodation.

The application must be submitted to the Immigration Office of the police headquarters (Ufficio Immigrazione della Questura) of the Questura (police headquarters), competent for the applicant’s place of residence (in Milan, also to the police stations - Commissariati di Polizia). The application form is available at the competent offices.

It is worth stressing that one can apply for the Carta di Soggiorno without waiting for his/her Stay Permit to expire (Ministry of the Interior, Circular letter 300/C/2001/355/P/12.214.9/1 DIV., 04/04/2001). On the contrary, it is advisable to apply for it long before one’s Stay Permit expires, because issuance times are generally long.

In the application, one must indicate:nthe applicant’s personal particulars (name, surname, place and date of birth), and also the

personal particulars of the spouse or parents, when the Carta di Soggiorno is requested also for the spouse or a child under age,

nthe place of residence at the moment the application is submitted,nthe place or places where the applicant has been living in the past 6 years,nthe applicant’s yearly income, and income source.

Of course, for those who apply for the Carta di Soggiorno as family members of a non-EU foreign worker, a EU or Italian citizen, the information on the place or places where they have been living in the past years are not of a fundamental importance; moreover, for family members, the income can be provided by the head of the family. For instance, one should not indicate the income of a child under age if the latter is not working, nor should he/she indicate the places where the child under age or the spouse have been living in Italy in the past 6 years, if they have entered Italy entry more recently (Ministry of the Interior, Circular letter 300/C/2001/355/P/12.214.9/1 DIV., 04/04/2001 and President of the Republic’s Decree No. 394/1999 “Rules for the Enforcement of the Act on Immigration and the Status of Aliens - Regolamento di attuazione del Testo Unico", article 16, sub-section 4).

The application must be accompanied by the following documents:1.copy of the passport (or equivalent document) of the applicant and of the applicant’s

dependents, for whom the Carta di Soggiorno is being requested, showing their respective nationality, year and place of birth,

2.certificate of criminal record (certificato del Casellario Giudiziale) and certificate of “pending lawsuits” (certificato dei “carichi pendenti”); both certificates are available from the law-court of the capital of the province where the applicant is living;

3.four passport-size photos for each applicant;4.one euro 10.33 revenue stamp (except for EU citizens and non-EU relatives of Italian and EU citizens,

who are entitled to be issued documents for stay and the certificates necessary for issuance and renewal of same free of charge – article 7 of the President of the Republic’s Decree No. 54/2002)

How to apply for Carta di Soggiorno

situations 4

Other documents to attach to the application for Carta di Soggiorno in situations 1, 2 or 35.copy of the income declaration (CUD, or 730, or Unico) for the previous year. If family members

are included, and the income of the head of the family is below the required minimum, the income declarations of other family members living with him/her should also be attached;

6.documentation showing that the applicant is regularly working:nif one is an employed worker: employer’s declaration and copy of the latest pay slip (for helps

(colf), social security tax receipt),nif one is self employed: the documentation showing that he/she is carrying on a regular

activity, which differs by type of activity (e.g. registration with the Chamber of Commerce or with professional registers and rolls; VAT - IVA code number; contracts, appointments, etc.).

If one is applying for the Carta di Soggiorno for wife/husband and/or children under age it is also necessary to attach:7.a declaration specifying that the household accommodation complies with the provisions of the

relevant regional law as to fitness for habitation and number of rooms to the number of people applying for Carta di Soggiorno; this declaration is issued by the technical department of the municipality where one is living, or by the local health service (ASL). This declaration is not necessary when one applies for Carta di Soggiorno for oneself only (Ministry of the Interior, Circular letter 300/C/2001/355/P/12.214.9/1 DIV., 04/04/2001);

8.the documents certifying the degree of kindred and family composition: wedding certificate, children’s birth certificates, civil status certificate, etc. (if these documents are issued by a foreign public administration, a translation and authentication of the same by the Italian Consulate in the country issuing the certificates should also be attached).

Other documents to attach to the application for Carta di Soggiorno in situation 45.documents certifying family relationship: e.g. wedding certificate, children’s birth

certificates, etc. (if these documents are issued by a foreign public administration, a translation and authentication of the same by the Italian Consulate in the country issuing the certificates should also be attached);

6.civil status documentation;7.copy of the latest declaration of own income or income declaration of the person

supporting the applicant.

Beware!ndifferent Questura headquarters may request different types of documents;nby law, individuals permanently and regularly living in Italy can issue self-certificatio, i. e. their own

written declarations (autocertificazioni) instead of some certificates issued by the Italian public administration. For instance, one can self-certify one's residence and family civil status.

When the application is submitted, the Questura issues a receipt indicating the date when the Carta di Soggiorno is going to be issued. The receipt is not a substitute for the Carta di Soggiorno. While waiting for the Carta di Soggiorno to be issued, the applicant should keeps his/her Stay Permit.

situations 1, 2, 3

By law, the Carta di Soggiorno should be issued within 90 days of submission of application, if all requirements are met. But the issuing times are often longer.

Within how many days is the Carta di Soggiorno issued?

Although the document has no expiry date, the Carta di Soggiorno is to be "certified", i. e. a sort of renewal ("vidimata") at present, every ten years; yet, no specific provision regulating “certification” (“vidimazione”) has been issued so far.

Is the Carta di Soggiorno to be renewed? And if so, after how long?

The Carta di Soggiorno can be refused if one or more requirements are not fulfilled and/or the relevant documents are missing.Once it is issued, the Questura can revoke it (i.e. cancel/withdraw it) if the non-EU foreigner is convicted for one of the non unintentional crimes mentioned in articles 380 and 381 of the Italian Penal Code, unless he/she is discharged.

In case of refusal or revocation, if one believes that the Questura has made an unfair or not correct decision, it is possible to appeal to the Regional Administrative Court (TAR Tribunale Amministrativo Regionale) within 60 days of the issuance of the refusal/revocation order. To do so, it is necessary to seek legal aid.

When can it be refused or revoked? What can one do?

What happens …

… if the applicant holds a fixed-term Stay Permit when he/she applies for the Carta di Soggiorno? He/she cannot get the Carta di Soggiorno (Ministry of the Interior, Circular letter 300/C/2001/355/P/12.214.9/1 DIV., 04/04/2001).

…if the applicant has had non-renewable Stay Permits in the past 6 years? In order to get the Carta di Soggiorno, one must hold a indefinitely renewable stay permit at the moment one applies for it (for family, permanent employment or self-employment). It is of no consequence if he/she has been a holder of other types of Stay Permit, prior to that moment, provided that he/she has been regularly living in the country (Ministry of the Interior, Circular letter 300/C/2002/1281/P.12.214.9/1 DIV., 03/06/2002).

…in the case of “de facto families”? A foreigner with Carta di Soggiorno cannot apply for it on behalf of his/her unmarried partner. The latter can apply for the Carta di Soggiorno only as an individual worker (situation 1). On the contrary, a parent can file an application for his/her children under age, even if the children were born of unmarried parents. If the children are living in Italy and hold a Carta di Soggiorno, then it is possible for the other parent to get a Stay Permit to join the children, while it is not clear whether he/she can get the Carta di Soggiorno as the parent of a child under age holding a Carta di Soggiorno.

… if after getting the Carta di Soggiorno, one looses his/her job, new children are born in Italy, and the family income and accommodation are no longer adequate to the new family composition? The law mentions only one reason for withdrawal, i.e. in case of conviction for non unintentional crimes mentioned in articles 380 and 381 of the Italian Penal Code.

This text was drawn up on July 7th, 2003. Some change may be introduced when the Rules for the Enforcement of law 189/2002 come into force. Updating will be available from the website www.famiglia.regione.lombardia.it