The citizen of the European Union has the right to stay in the national territory for a period of more than three months and is required to be registered with in the Register Office of the Municipalities where he has his habitual residence when:
- is an employed or self-employed person in the State;
- has sufficient financial resources for himself and his family members, in order not to become a burden on the social assistance of the State during the period of stay and of a health insurance or other suitable title, however called, which covers all risks in the national territory;
- is registered with a recognized public or private institution to pursue a course of study or vocational training as its principal activity and has, for itself and for its members of the family, sufficient economic resources to be attested by a declaration or other appropriate documentation, and health insurance or other appropriate evidence covering all risks in the national territory;
- is a family member (art. 2, d.Lvo n.30/2007), which accompanies or reaches a citizen of the Union who has the right to reside.
To be registered in the Register Office it is needed:
- A valid ID for expatriation or passport;
- (if owned) permit or residence card (expired or still valid) or receipt relating to the application or renewal of the residence permit issued by the Questura (Police Headquarter) or Poste Italiane (Italian Postal Service);
- for family members, appropriate documentation issued by the authority of the country of origin attesting to the family connection, properly legalized and translated.
- For non-Community family members: passport and residence card issued by the Police Headquarter.
After the registration procedure, the citizen will be issued by the municipality of residence a certificate of stay.
If, on the other hand, after three months from the entry, the EU citizen is unable to “regularize” his stay in Italy according to the provisions of the law, he can be removed from the national territory. The removal may be ordered even if, after registration, the conditions that determined the right to stay are no longer fulfilled.
The measure is adopted by the Prefect, also on reasoned notification of the Mayor, and provides a deadline for removal that can not be less than a month. Together with the provision is handed to the person concerned “a certificate of obligation to fulfill” the expulsion that the EU citizen must submit to the offices of an Italian Consular Office in the country where he goes following the expulsion. The measure cannot provide for a re-entry ban on national territory. If the EU citizen is caught on the territory of the State beyond the deadline set in the removal order, and does not prove that he has submitted the certificate to the Italian consulate, he is punished with arrest from one month to six months and with a fine of 200 to 2,000 euros.
The EU citizen looking for a first job in Italy that does not have the requirements to apply for registration with the Municipality, as illustrated above, even after the course of the period of the first three months, shall not be removed until he can demonstrate that he has been registered with the Employment Centre for no more than six months or that he has made a declaration of immediate availability for the pursuit of his activity.
