In a bold move to modernise its approach to global citizen management, Italy has revamped its legislative framework with a keen focus on the A.I.R.E. (Registry of Italians Resident Abroad). The newly enacted Law n. 213, also dubbed the “Budget Law,” which came into force on December 30, 2023, signals a more assertive stance on compliance and registration accuracy. This law significantly amends Article 11 of the longstanding Law n. 1228/1954, introducing a fine structure that ranges from 100 to 500 euros, targeting Italian citizens living abroad who have overlooked their registration duties. However, this regulation isn’t solely punitive; it also embodies a spirit of understanding and flexibility. In instances where violations are not formally established and corrective actions are taken within a 90-day grace period, the imposed fines can be dramatically reduced, underscoring a consideration for individual circumstances.
The recent changes to Italy’s registration laws for its citizens living abroad carry significant implications, especially for the many Italians around the world who haven’t yet signed up with A.I.R.E. With these updated non-compliance penalties, Italy is really stressing the importance of keeping accurate, current records of its overseas citizens. This move, which aligns with the Italian government’s focus on maintaining strong ties with Italians globally, is a key part of Giorgia Meloni’s commitment to effective management of the Italian diaspora. It’s a clear step towards strengthening the bond between Italy and its international community.
Yet, the narrative unfolds further. The ambit of this regulation casts a wider net than one might initially surmise: it includes not merely those who hold Italian nationality in singularity but also those living abroad with dual or even triple citizenship. Such an encompassing approach highlights that each person graced with the advantage of Italian citizenship, regardless of their other national ties, is entrusted with the duty to conform to the law’s requirements, including obligatory registration in A.I.R.E. This expansion of policy eloquently speaks to the Italian legislature’s unwavering commitment to ensuring that all its citizens, irrespective of where they reside or the complexity of their international affiliations, sustain a robust and lucid connection with their homeland. This approach is emblematic of a deliberate and attentive commitment to precise registration and rigorous monitoring of the Italian expat community which extends its roots both within Italy and in distant lands across the world.
Non-Declaration of Residence Transfer from or to Italy
The new Italian regulation has a broad and significant scope, affecting not only Italians residing abroad but also those who, after living outside Italy for more than a year, have chosen to return to their home country without properly communicating their change of residence to their local Italian municipality. This obligation to report changes in residence is vital to avoid the administrative penalties specified for non-compliance.
The consequences for not declaring a transfer of residence, whether relocating from or to a foreign country, are notably stringent. In such instances, individuals face substantial fines that vary from 200 to 1,000 euros annually for the duration of the non-disclosure. However, there is a provision for leniency even in this case: the penalty can be significantly reduced to just one-tenth of the minimum amount. The proceeds from the sanctions are acquired into the budget of the municipality that imposed the sanction. Therefore, as the financial returns generated from the imposed sanctions are directly integrated into the budget of the municipality responsible for enforcing these penalties, the local, regional, and provincial authorities will be exceptionally vigilant in detecting irregularities and levying fines. This means that the funds collected from these fines become a part of the local government’s financial resources, contributing to its overall fiscal pool. This incorporation of penalty proceeds into the municipal budget allows the local authority to allocate these additional funds towards various community initiatives, infrastructural developments, or other municipal projects, thereby turning the enforcement of regulations into a revenue stream that directly benefits the local community.
It’s further highlighted that if a Consulate becomes aware of an Italian citizen residing abroad who has not proactively sought registration, it holds the authority to initiate the registration process with the respective “Comune” in Italy on their behalf. This process, known as “Iscrizione d’Ufficio” or registration ex officio, ensures that even those citizens who may not have voluntarily registered are still accounted for in the Italian registry of A.I.R.E., reflecting a thorough and proactive approach in maintaining up-to-date records of its citizens abroad.
Benefits and Drawbacks of Enrolling in A.I.R.E.
Enrolling in the A.I.R.E. (Registry of Italians Resident Abroad) represents a crucial decision for Italian citizens who live abroad for an extended period, typically exceeding a year. This registration not only fulfils a civic duty but also confers several benefits, closely tied to both civic and administrative aspects. Managed by Italian municipalities and supported by data from consulates abroad, A.I.R.E. registration is both a right and an obligation for Italian expatriates.
Among the key advantages of being enrolled in A.I.R.E. is the opportunity to remain actively involved in Italian democratic processes. Registered citizens can participate in Italian elections and referendums through mail-in ballots, ensuring their engagement in the political landscape of their homeland is uninterrupted. Moreover, A.I.R.E. registration grants access to vital consular services, which greatly simplifies obtaining official documents, such as passports, ID cards or notarial deeds for Italians living overseas.
For those residing outside the European Union, another significant benefit is the streamlined process for renewing driver’s licenses, an important administrative consideration for many expatriates.
However, there are certain drawbacks to consider as well. Upon registering with A.I.R.E., individuals may lose access to specific services in Italy. Notably, they are no longer entitled to services from their Italian General Practitioner (GP), and their Italian health card (sanitary card) is suspended. This means they must rely on the healthcare system of their country of residence or seek private healthcare options, which can be a significant adjustment for many.
Understanding the A.I.R.E. registration process
The process of registering with A.I.R.E. (Registry of Italians Resident Abroad) is both accessible and efficient and can be done electronically through the Italian Ministry of Foreign Affairs’ online portal. It’s free of charge and primarily involves a straightforward procedure.
To register, Italian citizens must create an account on the “FAST IT” portal and then submit a separate A.I.R.E. registration through the system. It’s important to ensure that the personal information provided matches exactly as it appears on the Italian Passport or, if not available, on the birth certificate issued by the Italian municipality of territorial competence. The registration through FAST IT, as well as the A.I.R.E. registration, are free of charge.
To complete the registration, the Italian citizen in question, needs to fill out a designated form, attach a valid identity document, and provide proof of their current residential address. This proof is commonly in the form of a utility bill or a bank statement. However, it’s essential to recognise that the specific type of documentation accepted as proof of address might vary based on the country of residence, in line with the rules set by the relevant consular office. Therefore, it’s advisable to verify the exact documentation requirements with the consular authority in their area of residence. The registration application can be conveniently submitted online through the portal of the Italian Ministry of Foreign Affairs.
It’s important to be aware that, as indicated in the guidelines, A.I.R.E. registration and address change requests cannot be processed if sent via mail or email. This clearly indicates a preference for the online method for these submissions.
For the A.I.R.E. registration form submission, one must comply with the protocols established in Legislative Decree 82 of March 7, 2005, known as the Digital Administration Code. The form should be submitted electronically and needs to include the following:
- A signature as per Article 20’s specifications (digital, qualified electronic, or advanced electronic signature).
- Verification of the declarant’s identity via the SPID system.
- An attached copy of the identity document if signed and submitted.
- Submission from the declarant’s digital domicile.
The Italian Ministry of Foreign Affairs and International Cooperation’s official website offers comprehensive guidance on the A.I.R.E. registration process, including documentation and digital signature requirements.
Once the registration request is completed and submitted, the service allows you to submit a request that is not automatically accepted: the progress status of the request will be communicated in real-time, and its completion will be indicated by a notice on the homepage of this website. For a description of the application statuses, please refer to the dedicated section.
What if you fail to register?
If you fail to register with the A.I.R.E., several consequences ensue under Italian law. Firstly, registration should be completed within 90 days of relocating your residence abroad. This process includes a declaration to the appropriate consular office and results in being removed from the Registry of Resident Population (A.P.R.) of your original municipality in Italy. Those who neglect this obligation, thus contravening the stipulations of various Italian laws including Law no. 1228 (December 24, 1954), Law no. 470 (October 27, 1988), and their subsequent amendments, risk facing administrative financial penalties as outlined in Law no. 213 (December 30, 2023). The responsibility for determining and enforcing these penalties falls to the Municipality where the individual is registered.
According to Law no. 689 (November 24, 1981), specifically its article 1, administrative sanctions can only be imposed under a law that was in effect prior to the commission of the violation. This ensures that penalties are applied fairly and in accordance with pre-existing legal frameworks.
It’s important to note who is required to register with the A.I.R.E. This includes individuals who move their habitual residence abroad, as well as those who are already living abroad either by birth or through acquiring Italian citizenship subsequently. On the other hand, certain categories of citizens are exempt from this requirement. These include individuals who move abroad for less than a year, seasonal workers, permanent state employees working abroad under the Vienna Conventions on Diplomatic Relations and Consular Relations of 1961 and 1963, and Italian military personnel stationed at NATO offices and facilities abroad.
The non-retroactivity of the registration in the A.I.R.E.
The concept of non-retroactivity in the A.I.R.E. registration is a significant consideration for Italian citizens who have spent many years living abroad without registering. In such cases, it’s essential to be aware that the registration date will correspond only to the date of application, not to the initial date of moving abroad. Therefore, any associated benefits or responsibilities commence from the application date onwards.
For Italian citizens in this situation, the first step is to reach out to the nearest Italian consulate in their country of residence. Each consulate has specific guidelines and can offer detailed instructions on how to proceed. The process usually involves gathering necessary documentation, such as proof of residence (like a lease agreement or utility bills), and a valid Italian passport or identity card.
The application for A.I.R.E. registration is typically completed online through the consulate’s website, although some consulates may require an in-person visit or submission by mail. After submitting the application and the required documents, the consulate will process the request. The processing time can vary depending on the consulate.
Once the registration is processed and confirmed, the individual becomes officially registered with the A.I.R.E., enabling them to enjoy the benefits and fulfill the obligations from that point forward. It is also important to continually update the A.I.R.E. with any changes in residence or personal circumstances to maintain accurate records.
Importance of A.I.R.E. registration for citizenship by descent
For Italian citizens who have acquired their citizenship by descent, registering with the A.I.R.E. is a critical prerequisite before they can obtain an Italian passport or identity card. This is particularly pertinent for those living outside Italy who have secured Italian citizenship through their ancestral lineage.
The process of enrolling in the A.I.R.E. is a crucial step for these citizens as it formalises their status as overseas residents with the Italian authorities. This registration is indispensable because, without it, they would be unable to apply for Italian identity documents like a passport or an identity card. These documents are essential in fully exercising their rights as Italian citizens.
As a matter of fact, the journey towards A.I.R.E. registration for citizens by descent typically begins by contacting the nearest Italian consulate and following the specified procedures for registration. Once the A.I.R.E. registration is complete, these individuals can then proceed to apply for Italian identity documents, thereby finalising the process that affirms their legal identity and Italian citizenship abroad.
The Italian community living abroad
The Italian expatriate community has seen substantial growth, with over 6 million Italians living abroad as of 2023, constituting 10.1% of Italy’s resident population. This marks an impressive 91% increase since 2006. A significant portion of these expatriates are young, with nearly half under 34 years of age. The largest groups are found in Argentina, Germany, and Switzerland. There’s also a growing trend of Italians returning from abroad, with such cases more than doubling from 2012 to 2021, indicating changing demographic and migratory patterns among Italian citizens.
As of October 2023, the Italian population in the United Kingdom is approximately 485,744. This number includes about 371,544 Italians in London (as of October 31, 2023, with a 98.5% coefficient to exclude Wales) and 114,200 in Manchester (as of October 3, 2023). These figures represent a significant portion of the Italian diaspora in the UK, indicating the presence and influence of Italian culture in these major cities[1].
Conclusions
In light of the recent updates to Italy’s AIRE registration rules, the importance of maintaining a connection with our Italian heritage, regardless of our global location, has been brought into sharp focus. These regulatory changes do more than just enforce compliance; they highlight the enduring bond to our roots. While introducing penalties for non-compliance, these modifications also extend an olive branch, encouraging Italians living abroad to register promptly.
To the Italian expatriate community: if you have completed your AIRE registration, what benefits have you reaped as a registered Italian citizen overseas? I would love to hear about your experiences and insights in the comments section. Your stories are not only inspiring but also informative for others on a similar journey.
Moreover, if you have queries or need assistance regarding A.I.R.E. registration or Italian citizenship matters, please do not hesitate to contact me. As an expert in both legal aspects related to Italian immigration and citizenship proceedings, I am fully equipped to provide guidance and support. Whether it’s exploring the intricacies of registration or understanding citizenship rights and responsibilities, I am here to ensure your link to Italy is maintained, wherever you may be in the world.
[1] https://www.i3italy.org/quanti-italiani-in-inghilterra/
