Seaninitalia

Hi guys, I would really appreciate any help or advice as I feel like I've got myself in a bit of a pickle.

I am a British citizen have been a resident in Italy since December 2020, therefore I have the residency certificate explaining my WA protection. I have also had a Carta Di Soggiorno card since June 2022 and it will expire in June 2027.


​​​​​​I have decided to go on a Working Holiday Visa to Australia from September 2023, which lasts a year. However I am happy to reduce that to six months or less if necessary to protect my living rights in Italy.

I have already handed in my resignation for my job in Italy and also for my rental contract. Both contracts will finish in September 2023.

I know that my landlord wants me to come with him at some point to presumably deregister me from the Comune/ Anagrafe. Is this deregistration going to impact my return to Italy?

I wanted to go on this Working Holiday to Australia but have now got increasingly nervous about my living rights in Italy. If I do go to Australia and am deregistered at the Anagrafe, how long do I have to return to Italy before losing any rights?

On the other hand, if I decided to stay in Italy and not go on the Working Holiday to Australia, what would be my next steps? Find another rental contract and change my residency immediately?

I'm very concerned about the whole situation, so any advice would be highly appreciated. Thank you in advance everyone!

Sean

Pallino

if you don't have renewed the italian healt insurance, for one year , and no confirmed residence at italian commune anagrafe - you lose the residence and are obliged to start a new request .. with all procedures ..NOTE > the bank funds availability for elective residence in italy , from 2023 march are increased from 10.000- euro-yearly - to 37.000-euro - have sopme links .but i can't place it here - as denied from website -

modicasa

As I understand it you can be out of Italy for a maximum of 183 days before you lose your residence rights. Once you have got permanent residence this changes. This was the rule prior to Brexit, and with the WA should have continued. However, I would go to the questura and ask them.

C.2s

"Visas and residency if you were living in Italy before 1 January 2021.If you were lawfully living in Italy before 1 January 2021, you and your family members automatically have rights under the Withdrawal Agreement. You enjoy rights even if you do not have the Withdrawal Agreement carta di soggiorno. The Italian Ministry of Interior’s ‘vademecum’ confirms that this card is not mandatory (in English and Italian). You can show the ‘vademecum’ to service providers if you do not yet have a carta di soggiorno and you are experiencing difficulties accessing services.

​​​​​​Permitted absence.Temporary residents.
If you have been legally resident in Italy for less than five years you may be absent from Italy for periods not exceeding a total of six months within each year. A year is calculated as the anniversary of the date when you became officially resident in Italy. Longer absences are permitted for specific reasons including for military service (no time limit). A single absence of 12 months is permitted for reasons including (non-exhaustive): pregnancy and childbirth, serious illness, study or vocational training or posting abroad."

https://www.gov.uk/guidance/living-in-italy

daniel_t

If you have a Carta di Soggiorno, you lose your WA residence rights after six months of being away from Italy. Technically, it is counted from the day you de-register your residence at the local town hall. When you return to Italy, you will become a visitor or tourist.

I was thinking about applying for the new working holiday visa for Australia too, but in the end I'm going to stay put. That visa comes with a six-month limit on a single employer, which means I wouldn't be able to stay on without having to change jobs.

I guess you would need to find another place to live and then register your residence at the town hall if you decided to stay in Italy.

P.S. There is no mentioning of how much time you can spent outside Italy on the WA Carta di Soggiorno, although I remember reading some articles that mentioned 'six months'. [Edit: Yes, C2S has found it - on gov.uk!]
(For permanent residence/residency though, the maximum period of absence allowed is 'five years' according to WA Article 15, Clause 3.)

daniel_t

And let's say if you decide to move back to Italy after six months in Australia, then you should be able to keep your WA residence - through your Carta di Soggiorno - when you register at the town hall. They shouldn't treat you as a visitor or tourist.

37100

If you can, I'd wait until you can get 'permanent residency ' after 5 yrs. 6 months is tight if you take into consideration finding a place to rent. The 6 months absence will also be taken into consideration when applying for permanent residency.