The first component of the residenza (residency) is based on physical presence in Italy, which must be regular and continuous, as opposed to sporadic and occasional. If someone stays in both Italy and abroad, time spent in each place is compared to determine where their primary presence lies.
The second component of the residency is subjective; based on an individual’s intention to stay and live in Italy for the foreseeable future. To assess an individual’s intention to live in Italy regularly, authorities consider factors such as conduct, habits, work, family ties, and personal or business activities.
The place of residency (residenza) is where the person has his/her “usual living” (“dimora abituale”). That is to say, where the person and family live on a day to day basis (art. 43 of the Civil Code). The current place of residency is an exact address usually corresponding to a residential building (it cannot be an office). It is not enough to show the intention of residing in a particular place; this must be assessed on the basis of objective grounds (i.e. the person/s must be physically present at the chosen address)
Reference:
- In accordance with art. 43 of the Civil Code, the residency is the place where the person has his/her “usual living” (“dimora abituale”) while the domicile (“domicilio”)is the place where the person has established the center of his business and personal affairs.
- According to art. 13, DPR 223/1989, the party should notify the local town hall of the residence transfer abroad.
- The residence is the where the person and family live on a day to day basis. According to case law, residence must be based on objective facts—such as actual, fixed location—not just the individual’s declared intention to reside there.
- According to art.11 of DPR 223, the person may be cancelled from the civil residence registry when the party is “unattainable for the general population census in which case after several verifications, the person still results as being unattainable”
