ITALIANS IN KENYA
08-01-2024 by redazione
Penalties for Italians who live abroad, including in Kenya, and do not register with AIRE will increase, and from 2024 there will be tighter controls between consulates abroad and municipalities of residence in Italy.
With the new budget law, the annual fines for not registering with AIRE (Anagrafe degli Italiani Residenti all'Estero), which is compulsory for those who reside outside Italy for more than 12 months, will rise from 220 euros to 1,000, which can be accumulated for up to five years.
This concerns not only citizens who transfer their residence abroad for periods of more than 12 months, whose declaration must be made within 90 days of expatriation, but also all citizens who already reside there, either because they were born abroad or due to subsequent acquisition of Italian citizenship for any reason. It may therefore also concern spouses or children of Italians resident in Kenya who have obtained Italian citizenship, although they are Kenyans.
As the 'Sos Aire' service reminds us, registration in the registry office of those resident abroad allows Italian citizens to obtain certain consular services while maintaining their rights and duties in Italy.
The AIRE register keeps information on Italian citizens residing abroad for a period of more than 12 months and who have requested to be registered. AIRE registration is both an obligation and a right, allowing access to consular services abroad, such as the issuance of documents of
identity documents and certifications, as well as the possibility of exercising the right to vote from abroad. Registration is also a legal obligation, and failure to do so may result in sanctions.
Before 2024, sanctions were rather rare, mainly because the law assigned the burden, but not the remuneration, to the municipality of previous residence. However, from 1 January 2024, specific legislation was introduced for non-registration in AIRE, characterised by significantly increased penalties, an incentive for municipalities to enforce them, the obligation to exchange information between all state bodies, and an automatic notification to the Agenzia delle Entrate by the municipality at the time of registration in AIRE (to initiate checks on previous years, when residence in Italy was assumed). It should be noted that in the case of non-compliant households, the penalty would apply to each individual, including minors.
Failure to register with AIRE could result in being formally considered as still resident in Italy, and consequently, Italy could require the submission of tax returns and the payment of taxes even on earnings abroad.
How does one register with AIRE?
To register, you are required to complete a registration form and submit proof of residence, such as a pay slip, bank statement, utility bill, doctor's letter, etc. In addition, copies of identity documents must be uploaded.
The 'FAST IT' Portal is the institutional and interactive tool that Italian citizens abroad can use free of charge to view their personal file at any time and to request any updates to their residence address.
It is possible to register an entire family unit at the same time, simply by adding members through the dedicated function on Fast-IT, provided that residence in Italy is in the same municipality. Otherwise, in order to guarantee the unity of the household, a
specific procedure. After verifying your documents, the Consulate will forward your AIRE registration request to your previous commune of residence in Italy. The latter will send you a certificate of AIRE registration.
However, depending on the commune, it may take several months to complete this step. Each commune maintains its own register of AIRE citizens, so by registering and indicating your Italian address, you will still be linked to a specific Italian locality. The latter will be responsible for various practices, such as determining in which local elections you can exercise your right to vote. After the status of the request on Fast-IT changes to 'Request sent to the municipality', it usually remains in this state for several months.
However, this does not necessarily mean that you are not registered with AIRE. We recommend that you check the status of your registration in real time in the Digital Register of Resident Population. In particular, if there are delays, we advise you to contact the Anagrafe or AIRE office of the Italian commune indicated as your last residence on the registration form when the status is 'Request sent to the Commune'. In fact, it is the responsibility of the Commune to finalise the registration and communicate it to the other Italian authorities. If you are registered with AIRE and need to produce a certificate relating to this registration, you can download it free of charge using the Anagrafe Digitale della Popolazione Residente.
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