Italians living abroad: what is AIRE?

Jan 10, 2024

𝔸𝕀ℝ𝔼 means Anagrafe degli Italiani Residenti all’Estero. It is the register kept by each Italian consulate of citizens living in its jurisdiction

WHAT IS AIRE?

A.I.R.E. was established by Law no. 470/1988 to keep records of all Italian citizens resident abroad. It is the vital record registry (Anagrafe) section where all Italians living abroad are registered. A.I.R.E. means the vital record registry of Italians residing abroad. It is managed by Italian municipalities on the basis of the data and information supplied by the consulates.

In Italy, vital records (Anagrafe della popolazione residente (APR) —i.e.Registry of Resident Population) are kept by each municipality (Comune) and they include all individuals living in the Comune’s territory. Everyone residing in Italy must be registered. The APR must be updated whenever there’s a change in the individual status (such as changes in citizenship status, address, marriage, birth etc.).

Italian nationals moving outside Italy for over 12 months must inform the relevant authorities so that their name is transferred from APR to AIRE, to reflect their status of Italians living abroad (AIRE obligations are only for Italian nationals). By law, all Italian citizens must notify their Comune concerning any change in their status. Similarly, Italians registered as residents abroad have the duty to inform the consular office in whose jurisdiction they reside about any variations in their civil status.

WHO MUST REGISTER WITH AIRE?

Any Italian citizens have the right/duty (art. 6 Law no. 470/1988) to register with A.I.R.E. whenever they:

· Move outside Italy for longer than 12 months;

· Reside outside Italy either because they were born there or they have obtained Italian citizenship

The law does not foresee specific penalties for failing to register with AIRE.

WHAT IS THE PROCEDURE FOR REGISTERING WITH AIRE?

The procedure for registering with A.I.R.E. when moving abroad can be accomplished in 2 ways:

1. Within 90 days of the transfer abroad, applicant/s fill out and sends a declaration (forms available at the consulate/consulate websites) to the consular office having jurisdiction on the new place of residence. The Italian municipality of last residency will be informed accordingly and — ideally within 2 days — the applicant/s will be entered into the AIRE register.

2. Before leaving Italy, applicant can personally notify the Italian municipality of residency of the transfer. In any case, it is still mandatory to accomplish point 1 above within 90 days in order to finalise the process. The advantage is that in this case, the start date of the registration as resident abroad starts from the date on which the applicant has personally notified the Italian municipality

RED FLAGS

* the transfer must be confirmed with the Consulate within a year or the individual will be removed from the Italian records, and considered unknown/unreachable.

* Italians registered as residents abroad are no longer entitled to public health coverage in Italy. They are still entitled to emergency treatment when returning temporarily to Italy, however for only three months

WHY REGISTER WITH AIRE?

• It is compulsory (art. 6 Law no. 470/1988)

• it is connected to the individual’s Italian tax status

• individuals registered with AIRE are granted assistance with bureaucratic procedures by the consulate (issuance of certificate, passport renewals, driving licences renewal…).

• individuals registered with AIRE can vote even if abroad

WHAT IS THE PROCEDURE TO DE-REGISTER FROM AIRE UPON RETURN/MOVE TO ITALY?

The procedure for de-registering with A.I.R.E. when returning to Italy is accomplished by filing an application requesting to be registered as a resident in a given municipality in Italy. Ideally, it should be accomplished within 20 days. The application can be filed only once the applicant has already transferred his/her address (cannot be filed while still abroad). The Comune of residence will then inform the Consulate of the official date of repatriation. If needed, before departure applicants can request a Repatriation Declaration to the Consulate to obtain customs clearance for personal belongings/vehicles.

Penalties

Law No. 213, Article 1, paragraph 242, enacted on December 30, 2023, introduces a maximum penalty of €1,000.00 per year for up to 5 years for those who fail to register with the A.I.R.E.

Useful sources


Disclaimer: The information provided on this article (i) does not, and is not intended to, constitute legal advice; (ii) are for general informational purposes only and may not constitute the most up-to-date legal or other information (iii) this website may contain links to other third-party websites. Such links are only for the convenience of the reader; (iv) readers should contact their attorney to obtain advice with respect to any particular legal or tax matter.

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