The declaration of presence – dichiarazione di presenza- is a requirement applicable to non-EU citizens travelling to Italy.
It replaces the request for a residence permit and confirms, together with the entry visa, the legal status of a foreigner’s stay.
Not to be confused with the residence permit, this article explores who needs to file this declaration, what documents are required, and the consequences of non-compliance.
Once the declaration is submitted, foreigners can remain in Italy for the period indicated in their entry visa.
What Is a Declaration of Presence in Italy?
The declaration of presence (dichiarazione di presenza) represents a tool for Italy to monitor entries and control the national territory for foreign citizens who intend to stay for a period not exceeding three months.
Who Needs to Declare Their Presence in Italy.
Citizens coming from countries of the Shenghen area must submit the declaration of presence
When is the deadline for the declaration of presence in Italy.
The declaration must be done by the foreigner, at the local police department, within 8 days from the entrance to Italy.To determine if the declaration of presence was made within the timeframe provided by the law the entry stamp in the Schengen on the passport stamp, or equivalent document, is relevant .
Remember that all foreigners, even those holding a residence permit from another country, must declare their presence on Italian territory
Who Does Not Need to File a Declaration of Presence in Italy
Travelers who do not arrive from Schengen Area countries do not need to file a declaration. For them, the Schengen uniform stamp affixed by authorities at the border of entry into Italy is sufficient. In this case, no further action is required from the traveler.
Where to File the Declaration of Presence
At the Questura in the province where you are based
Required Documents for the Declaration of Presence
When filing the declaration, the following documents are needed:
- Passport – original + photocopy (only pages with stamps and visas)
- Completion of the form: https://questure.poliziadistato.it/statics/06/dichiarazione-presenza.pdf
- Communication of hospitality – written pursuant to art. 7 of Legislative Decree 286/1998. This must be submitted within forty-eight hours of hosting the foreign citizen to the local public security authority (original + photocopy).
Article 7 of Legislative Decree 286/1998 provides that the declaration of presence includes:
- The details of the complainant
- The details of the foreigner or stateless person
- The details of the passport or identification document
- The exact location of the property transferred or where the person is housed
- The title for which the communication is due
Additional requirements:
- If hosted by an Italian citizen: copy of their ID card
- If hosted by a foreigner: copy of their residence permit (permesso di soggiorno)
For those staying in hotels, the declaration of presence will be made by the Hotel. A copy of these declarations should be given to the foreigner to be shown upon any request by public security officers.
What Are the Consequences of Not Filing a Declaration of Presence in Italy.
If the declaration of presence is not filed, the foreigner becomes irregular and may face expulsion according to article 13, paragraph 2, letter b) of the Immigration Law (Testo Unico Immigrazione -Legislative Decree n. 286/1998)
. They can also be expelled if they:
- Submit it beyond the eight-day limit, unless due to force majeure
- Remain in Italy beyond the allowed and declared period
Since August 8, 2009, the crime of illegal entry and residence in Italian territory has been introduced (Law 94 of 15/7/2009). Therefore, those who enter or stay irregularly in Italy commit the crime of illegal immigration, punished with a fine of €5,000 to €10,000.
If the declaration is omitted by the holder of a residence permit from another EU country, they will not be expelled but sanctioned with a fine ranging from €103 to €309.
Students and Declaration of Presence
Article 38 of the Immigration Law allows foreign students attending Italian branches of universities and university teaching institutes not to apply for a residence permit for stays of no more than 150 days. However, these students must comply with the declaration of presence requirement according to current legislation.
Failure to comply results in fines ranging from €160 to €1,100 for foreign students.
FAQ
What is the purpose of the declaration of presence in Italy?
It is used to attest and thus register entry into Italy for foreign nationals.
Where is the declaration of presence made in Italy?
The declaration of presence must be submitted to the Questura of the province where you are based, fill out a form (modulo : dichiarazione-di-presenza-stranieri-pdf, attaching the required documentation (e.g. passport, identity document).
When should the declaration of presence be made?
Within 8 days of entry into Italy.
Where can I find th module (modulo) to submit the declaration of presence?
The module (modulo) can be found at this link dichiarazione-di-presenza-stranieri-pdf
Declaration of presence submitted after 8 days. What happens?
Failure to submit the declaration of presence within 8 days of entering Italy may result in the expulsion of the foreigner, unless the delay was due to force majeure.
