How long can I be outside Italy before I lose the right to the long-term EU residence permit, or lose the permit itself?
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While you build up the five years, Italian law counts absences shorter than six consecutive months and no more than ten months in total. After you get the long-term EU permit, it is revoked if you spend twelve consecutive months outside the EU, or more than six years outside Italy.
Key facts
| What | The law says | Source |
|---|---|---|
| Absences during the 5 years | Counted if each is under 6 consecutive months and the total is no more than 10 months | D.Lgs. 286/1998, art. 9(6) |
| Exceptions to that limit | Military service, serious documented health reasons, other serious proven reasons | D.Lgs. 286/1998, art. 9(6) |
| After issue: outside the EU | Revoked after 12 consecutive months outside the EU | D.Lgs. 286/1998, art. 9(7)(d) |
| After issue: outside Italy | Revoked after more than 6 years outside Italy, or when another EU state grants you long-term status | D.Lgs. 286/1998, art. 9(7)(e) |
| Getting it back | Same procedure, but 3 years instead of 5 | D.Lgs. 286/1998, art. 9(8) |
| If revoked and not expelled | You get a different type of permit | D.Lgs. 286/1998, art. 9(9) |
Before you have the permit
Article 9(6) of the Consolidated Immigration Act says time spent outside Italy doesn’t break the five-year period and counts toward it, as long as each absence is shorter than six consecutive months and the absences add up to no more than ten months over the five years. Longer absences are allowed when caused by military obligations, serious and documented health reasons, or other serious and proven reasons. The Polizia di Stato’s guidance repeats the same rule.
After you have the permit
Article 9(7) lists the cases in which the long-term EU permit is revoked. Two concern time away:
- an absence from EU territory for twelve consecutive months;
- being granted long-term status by another EU member state, and in any case an absence from Italy of more than six years.
If you lose it for absence
Article 9(8) says someone whose permit was revoked for either of those absence reasons can get it again by the same procedure, with the required period cut from five years to three. Article 9(9) says that if the permit is revoked and you are not to be expelled, you are issued another type of permit under the Act.
Sources
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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.