2026 legal guide
Before completing the postal kit: prove the requirements, not just the dates
The EU long-term residence permit—often searched as permanent residence in Italy, the EC long-term permit or the old carta di soggiorno—records a stable status for a non-EU national who meets Article 9 of Legislative Decree 286/1998 and Directive 2003/109/EC.
In Bologna, the analysis should not stop at “I have held a permit for five years”. The application depends on the permits held, absences, income quality, language evidence, family position and any criminal or administrative issue requiring an individual assessment.
Permanent status and a ten-year card are different
Long-term resident status is permanent unless a statutory ground for loss or revocation applies. The electronic document proving it is valid for ten years for adults and five years for minors. Expiry of the card requires renewal or updating of the document; it does not by itself erase the underlying status.
This distinction matters to holders of older cards marked “unlimited” and to anyone concerned because a modern card displays an expiry date.
Main EU long-term residence requirements
- five years of qualifying legal and continuous residence;
- a current status capable of leading to long-term resident status;
- sufficient, stable and regular resources;
- Italian at least at A2 level or accepted alternative evidence;
- housing suitability where the applicable family rules require it;
- no current threat to public policy or public security.
Each element has an evidential dimension. Physical presence, an employment contract or municipal registration cannot safely be assessed in isolation.
How the five qualifying years are calculated
The analysis concerns the five years immediately before filing: first relevant permit → renewals → conversions → time abroad → present permit. The first arrival date or municipal registration date is not always the correct legal starting point.
Absences during the five years
As a general rule, absences below six consecutive months and not exceeding ten months in total during the five-year period do not interrupt continuity. Longer absences require an exact chronology and analysis of serious, evidenced reasons and the statutory exceptions.
Student and vocational-training periods
It is inaccurate to say either that every student year always counts as zero or that five student years automatically create eligibility. Directive 2003/109 provides that certain previous study or vocational-training periods may count by half after the person has acquired a residence status that permits access to long-term resident status. The complete permit history matters.
International protection
For beneficiaries of international protection, Italian law contains a specific rule linked to the date of the protection application on which recognition was based.
Minimum income in 2026: the number is only the starting point
INPS states that the 2026 Italian social allowance is €546.24 for thirteen months, or €7,101.12 annually. This is the individual base reference. Where family members are included, higher thresholds follow from family composition and the applicable Immigration Act rules.
Merely crossing the figure does not complete the assessment. Resources must be genuinely available, stable and regular. Relevant evidence can include employment history, income already earned, contract duration, tax and contribution records and a material change after the latest tax return.
Fixed-term employment
It does not automatically cause refusal. Remaining duration, prior continuity and the wider economic record should be proved.
Recently started work
Current evidence may matter where the previous tax year no longer reflects the applicant’s present resources.
Spouse or third-party resources
They may be relevant if genuinely available and sufficiently stable and regular.
Domestic or self-employed work
Use evidence appropriate to the activity: employment, contributions, declared income, business and continuity.
Housing suitability is not universal
Housing suitability should not be presented as an automatic requirement for every individual application. Article 9 connects the housing condition particularly to applications concerning family members. Where it applies, Bologna Municipality manages the local housing-suitability certificate procedure and its current document list should be checked before filing.
The A2 Italian requirement in Bologna
A2 Italian is the general language standard. The current procedural framework is governed by the Ministerial Decree of 7 December 2021. Not every applicant must sit the same test: recognised certificates, education and statutory exemptions can satisfy or remove the testing requirement.
Bologna Prefecture states that the request is submitted online through the Ministry portal and then communicates the date, time and venue. Its local guidance lists exemption categories and explains that a person who fails or is unjustifiably absent must wait ninety days before applying again.
Documents: build an evidential file, not a random bundle
Identity and residence
Passport, current permit, previous permits, receipts and records needed to reconstruct the five years.
Income and employment
Contract, employment communications, tax returns or CU, payslips, contributions and current evidence.
Language
Test result, recognised certificate, qualifying education or proof of an exemption.
Family and housing
Family records, each person’s position, applicable income threshold and housing evidence where required.
Absences
Passports, travel chronology and evidence explaining the duration and reasons for time abroad.
Criminal-law issues
Decisions and evidence of later conduct, work, family ties, integration and any rehabilitation.
How to apply in Bologna
- Pre-filing review.Reconstruct residence, permits, income, language, housing and risk issues.
- Prepare the postal kit.Complete the forms and organise evidence around each requirement.
- Submit through Sportello Amico.Send the kit, pay the applicable amounts and retain the receipt.
- Attend the Questura appointment.Identification, fingerprints, originals and remaining formalities.
- Answer any document request.Address the exact evidential or legal concern raised.
- Decision and issue.The document is produced when the requirements are accepted.
Ordinary costs checked in August 2026
For a standard adult first application: €100 contribution, €30.46 electronic-document production, €16 stamp duty and €30 postal-kit service. The working total is €176.46, subject to exemptions or changes that should be checked before payment.
Timeframe
Article 9 states ninety days. Actual processing can take longer where the Questura requests documents or carries out residence, income or public-policy checks. An abnormal delay requires review of the individual file.
Criminal convictions and pending cases: no automatic refusal
A conviction does not automatically prevent EU long-term residence. The authority must assess any current threat to public policy or security individually and also consider residence duration and social, family and employment integration. EU case law rejects a refusal based solely and mechanically on the existence of convictions.
The review may include the offence, date, decision, time elapsed, later conduct, work, family ties, integration and any criminal rehabilitation. Pending proceedings may be relevant, but they are not automatically equivalent to a final conviction.
Pre-rejection notice, refusal and revocation
A preavviso di rigetto identifies the reasons the Questura currently considers obstructive before the final decision. A useful response addresses the precise concern—residence calculation, income quality, missing evidence, language or public policy—rather than merely resubmitting the same papers.
A refusal prevents acquisition of status; revocation affects status already acquired. The reasons, competent court, remedy and deadline must be identified from the actual decision. See also residence-permit refusal in Bologna.
After approval: rights, absences and EU mobility
Status gives greater residence stability and a strengthened position for employment and rights recognised by law. It is not Italian citizenship and does not create an unconditional right to settle and work in every other EU State.
Post-status absences are governed by rules different from those used to acquire status. Relevant grounds include twelve consecutive months outside EU territory, more than six years outside Italy and acquisition of long-term status in another Member State. In C-432/20, the Court of Justice clarified how physical presence within the EU affects the twelve-month rule.
A person with a long Italian residence history may separately assess Italian citizenship in Bologna, which is a different procedure with different requirements and rights.
When a legal review is especially useful
Pre-filing review is particularly useful with mixed permits, student years, long absences, recent or fixed-term work, family resources, domestic or self-employment, criminal history, document requests, a pre-rejection notice or an earlier refusal.
Avv. Dorina Merdini is registered with the Bologna Bar and practises in immigration, citizenship and criminal-law matters connected with residence. Consultations are available in Italian, English and Albanian at Via delle Tovaglie 33, Bologna.
Frequently asked questions about permanent residence in Italy
How many years do I need for EU long-term residence in Italy?
The general rule is five years of qualifying legal and continuous residence immediately before the application. Permit history, study periods and absences must be reconstructed in the individual case.
Do the five years start from municipal residence registration?
Not necessarily. Registration can be evidence, but the relevant analysis concerns lawful residence, permits held, renewals, conversions and interruptions.
Do years on a student permit count?
EU law contains a specific rule: certain previous study or vocational-training periods may count by half once the person has acquired a residence status that permits access to long-term resident status. The individual permit history must be checked.
What is the minimum income in 2026?
For an individual applicant, the 2026 base reference is the annual Italian social allowance: EUR 7,101.12. Higher thresholds may apply for family members, and resources must be genuinely available, stable and regular.
Do I need a permanent employment contract?
No. It is not an independent statutory requirement. Fixed-term or recently started employment does not automatically prevent approval, but the present and prospective economic position must be documented coherently.
Can my spouse’s income be considered?
Potentially, if the resources are genuinely available and sufficiently stable and regular. The evidence and interaction with Italian family-income rules require individual assessment.
Is housing suitability always required?
No. Article 9 connects the housing requirement particularly to applications concerning family members. It should not be treated as a universal requirement for every individual application.
Is the A2 test always compulsory?
A2 is the general language standard, but recognised qualifications, education and exemptions may prove or remove the test requirement. Bologna Prefecture publishes the local online procedure and exemption categories.
Does a criminal conviction automatically prevent approval?
No. An individual public-policy assessment is required, including current risk, residence history and social, family and employment integration. A conviction cannot automatically become the sole reason for refusal.
Can pending criminal proceedings affect the application?
They may be relevant depending on the alleged facts and procedural stage, but they are not automatically equivalent to a final conviction or to present dangerousness.
How long can I be outside Italy during the five years?
As a general rule, absences below six consecutive months and not exceeding ten months in total during the five years do not interrupt continuity. Longer absences require analysis of the statutory exceptions and evidence.
How long can I remain outside the EU after obtaining status?
Twelve consecutive months outside EU territory is a relevant loss rule. A separate rule concerns absence from Italy for more than six years.
Is the status permanent if the card expires?
Yes. Status is permanent unless a statutory ground for loss or revocation applies. The physical document is valid for ten years for adults and five years for minors and must be renewed or updated.
Can I automatically work in Germany or France?
No. Status facilitates mobility to a second Member State, but residence beyond three months and employment remain subject to the destination State’s permitted conditions and procedure.
What should I do after a pre-rejection notice?
The response should address the exact objection concerning residence history, income, documents, language or public policy. Resubmitting the same evidence without answering the reason may be insufficient.
Can I challenge a refusal or revocation?
The decision should be reviewed promptly to distinguish refusal from revocation and identify the reasons, competent court, remedy and deadline applicable to that decision.
Related immigration-law guidance
Immigration lawyer in Bologna · Residence permit lawyer · Residence permit refusal · Criminal record and residence
