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AIRE registrations in Kenya, checks are triggered

Regularise by 31 March, or face penalties

18-03-2024 by redazione

As we have written before, as of 1 January 2024, anyone who has been living abroad (and therefore also in Kenya) for more than a year or plans to spend more than 12 consecutive months there, is obliged by law to register with the Registry of Residents Abroad (AIRE).
The update is that the first checks have already started and in connection with these checks on national soil and at foreign consulates, the first sanctions will be triggered. These are one thousand euros per year and the obligation to register.
The other news to be confirmed in this process is that, as the Farnesina writes, the sanctions are not retroactive, the important thing is to hurry to report one's situation and regularise it, by next 31 March.
Therefore, anyone who has been a de facto resident in Kenya for years will not have to answer for failure to register with AIRE in previous years. Differently, the penalties are cumulative from the moment the lack of registration is discovered, hence from this year, 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 have acquired Italian citizenship for any reason. Therefore, it may 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 issuing of identity documents and certificates, 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.
In the case of totally non-compliant households, the sanction would apply to each individual, including minors.
Failure to register with AIRE, moreover, could result in formal consideration as still being 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 municipality's task 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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