Italy — Residence Permit (Permesso di Soggiorno)
Part of the guide Retiring Abroad: Residency Day Rules by Country
Summary
- Permits under 2 years
- Over 6 continuous months away blocks renewal
- Permits of 2+ years
- Over half the validity, in one continuous absence
- Excused
- Military obligations or other serious, proven reasons
- Effect
- The Questura cannot renew or extend the permit
- EU long-term permit
- 12 months outside the EU, or 6 years outside Italy
- Basis
- DPR 394/1999, art. 13(4); D.Lgs. 286/1998, arts. 5 and 9
An Italian residence permit cannot be renewed if you have been out of Italy for more than six continuous months, or more than half its validity for a permit of two years or more (DPR 394/1999, Article 13(4)), checked 9 October 2026. Italy frames the rule around renewal: your permesso does not lapse the day the limit passes, but when you go to the Questura to renew, an unexcused absence over the limit is a ground for refusal. Military service and other serious, documented reasons are the only way around it.
A renewal bar, not a lapse
Article 13 of DPR 394/1999, the implementing regulation of the Testo unico sull'immigrazione, governs renewal of the permesso di soggiorno. Paragraph 4 reads:
"Il permesso di soggiorno non può essere rinnovato o prorogato quando risulta che lo straniero ha interrotto il soggiorno in Italia per un periodo continuativo di oltre sei mesi o, per i permessi di soggiorno di durata almeno biennale, per un periodo continuativo superiore alla metà del periodo di validità del permesso di soggiorno, salvo che detta interruzione sia dipesa dalla necessità di adempiere agli obblighi militari o da altri gravi e comprovati motivi."
- "Non può essere rinnovato o prorogato": the consequence is a refusal to renew or extend, decided by the Questura when you apply.
- "Periodo continuativo": only one uninterrupted absence counts. Separate trips are not added together.
- "Durata almeno biennale": for permits valid two years or more, the limit is proportional to the permit, not fixed at six months.
- "Gravi e comprovati motivi": the reasons must be serious and proven. The burden is on you.
Six months or half the permit
- 1Find the validity of the permit you are renewing, from the issue date to the expiry date printed on the card.
- 2Under two years: your limit is six months in one continuous absence.
- 3Two years or more: your limit is half the validity. A two-year permit allows twelve months; a three-year permit allows eighteen.
- 4Measure each trip from the day you left Italy to the day you came back, and take the longest. Shorter trips are irrelevant to this test, however many there are.
- 5If the longest trip exceeds the limit, prepare evidence of the serious reason. On a permit of two years or more, case law says you only need to justify the time beyond the limit.
Because the test looks at Italy, not the Schengen area, time spent in France or Germany counts as time away. Italian entry and exit stamps are often missing for travel inside Schengen, so keep tickets and other proof of when you actually came back.
After you return. Returning does not restore your right to renew the permit once an absence has passed the limit, so Bounded does not forget it: if any absence in your history (from the count-from date, if you set one) went over, the card stays red and shows that absence's dates even after you are back. When you get a new permit, set the count-from date to its first day to clear absences that ended before it.
Worked example
One-year permit, seven months away
Kofi holds a one-year permesso valid until 31 December 2026. He leaves Italy on 1 March 2026 to care for his father in Accra and returns on 20 September 2026. That single absence is more than six months. When he applies to renew, which must be at least ninety days before expiry, so by 2 October 2026, the Questura can refuse unless he proves a serious reason. He brings his father's hospital records, legalised for use in Italy, to show the absence was necessary.
Two-year permit, thirteen months away
Mei's two-year permit runs from 1 September 2025 to 31 August 2027, so her limit is twelve months. She is abroad from 1 October 2025 to 1 November 2026, thirteen months. Following the Consiglio di Stato, when she applies to renew, by 2 June 2027, she needs to justify only the extra month, not the whole year.
Justified absences
- Military obligations. Named in the regulation itself: an absence caused by compulsory military service does not block renewal.
- Other serious, proven reasons. Health problems (yours or a close relative's) are the typical case. Documents issued abroad generally need to be legalised or apostilled and translated; a refusal was upheld in 2026 where they had been translated but not legalised.
- EU long-term permit (art. 9 D.Lgs. 286/1998). Not governed by article 13(4). Revoked after twelve consecutive months outside the EU, or more than six years outside Italy. Reacquiring it after such a revocation requires only three years of residence instead of five.
- Qualifying for the long-term permit. When you count the five years needed for the EU long-term permit, absences under six consecutive months and not exceeding ten months in total over the five years do not break the period (art. 9(6)), subject to the same military and serious-reason exceptions.
Renewing after time abroad
File the renewal at least ninety days before your permit expires (art. 5(4) of the Testo unico) and attach evidence explaining any absence near or over the limit. If you know in advance that you will be away long, collect the documents as you go: hospital records, death or birth certificates, letters from employers. Have documents issued outside Italy legalised or apostilled and translated.
If the Questura refuses renewal, the refusal can be challenged before the regional administrative court (TAR). If you hold a long-term permit and lose it through absence, you are entitled to a permit of another type if you are not expelled (art. 9(9)), and can reacquire long-term status after three years. Local practice varies, so ask your Questura or a patronato before a long trip.
Frequently asked questions
Up to six continuous months for a permit valid less than two years; for a permit valid two years or more, up to half its validity in one continuous absence. Article 13(4) of DPR 394/1999 says a permit 'non può essere rinnovato o prorogato' (cannot be renewed or extended) when you interrupted your stay in Italy for longer than that, unless the interruption was due to military obligations or other serious, proven reasons.
Article 13(4) is a renewal bar, not an automatic cancellation. It bites when you apply to the Questura to renew or extend, which is when your time abroad is examined.
Only the excess, according to the Consiglio di Stato. In its judgment no. 3135 of 27 June 2017 and order no. 5102 of 24 November 2017, the court held that if you may be absent up to a year without justification, you only have to justify the part beyond the year, not the whole absence.
The regulation names military obligations and otherwise refers to 'altri gravi e comprovati motivi'. Health is the classic case. The evidence has to hold up: in a January 2026 judgment (TAR Lombardia, Milan, no. 257/2026) the court upheld a refusal where the medical records from abroad carried only a translation and the translator's stamp and had not been legalised.
At least ninety days before the permit expires, to the Questura of the province where you live (art. 5(4) of the Testo unico, D.Lgs. 286/1998). The deadline was sixty days until D.Lgs. 83/2026 raised it to ninety. The decree was published in the Gazzetta Ufficiale on 20 May 2026 and entered into force on 4 June 2026, but its article 4 makes it applicable from 22 May 2026. Plan long absences around the deadline.
No. The permesso UE per soggiornanti di lungo periodo is revoked after twelve consecutive months outside the EU, or more than six years outside Italy (art. 9(7)(d) and (e) of D.Lgs. 286/1998). If you lose it that way you can reacquire it with a reduced residence requirement of three years (art. 9(8)).
This rule is tracked automaticallyin
Bounded
- Automatically tracks your days for this rule
- Warns you before an absence puts your status at risk
- Records border-crossing days in both countries
- Runs alongside your other visa, tax, and residency rules
Sources
- Gazzetta Ufficiale — DPR 31 agosto 1999, n. 394, art. 13 (Rinnovo del permesso di soggiorno)
- Normattiva — DPR 394/1999 (regolamento di attuazione del Testo unico immigrazione)
- Normattiva — D.Lgs. 286/1998, art. 5 (permesso di soggiorno; rinnovo, comma 4)
- Normattiva — D.Lgs. 16 aprile 2026, n. 83, art. 1(1)(b)(1) and art. 4 (sessanta → novanta giorni, from 22 May 2026)
- Normattiva — D.Lgs. 286/1998, art. 9 (permesso UE per soggiornanti di lungo periodo)
- ASGI — Consiglio di Stato, sez. III, ordinanza 24 novembre 2017, n. 5102
- TAR Lombardia (Milano), sez. IV, sentenza 20 gennaio 2026, n. 257
Related rules
For information only. This page is a plain-English summary of publicly available rules, not tax, legal, or immigration advice. Rules change and depend on your personal circumstances — always confirm with the official source above and a qualified professional before acting.