Long-Term Residence Permit and Absence from Italy_ the Administrative Court Annuls the Revocation
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Long-Term Residence Permit and Absence from Italy_ the Administrative Court Annuls the Revocation
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About this listen
My name is Attorney Fabio Loscerbo. Today we discuss an interesting decision of the Regional Administrative Court for Friuli Venezia Giulia, published on 11 February 2026, concerning the revocation of a long-term residence permit. The case arose after the Police Headquarters of Udine decided to revoke the residence permit of a foreign national who had been living in Italy for many years. According to the administration, the revocation was justified because the person had been absent from the Italian territory for more than six years. The foreign national challenged this decision before the administrative court, arguing that the calculation carried out by the authorities was incorrect. When all the periods of absence indicated by the administration were added together, the time spent abroad amounted to about five years and eleven months, therefore less than the six-year limit established by the law. The Administrative Court examined the case starting from the relevant legal provision of the Italian Immigration Consolidated Act, which allows the revocation of the long-term residence permit only when the absence from the national territory exceeds six years. In this specific case, however, the judges verified that the total number of days spent abroad, as indicated in the administrative decision, was 2,153 days, which corresponds to less than six years. As a result, the legal requirement necessary for the revocation of the residence permit was not met. For this reason, the Regional Administrative Court for Friuli Venezia Giulia upheld the appeal and annulled the revocation order issued by the authorities. This decision is important because it recalls a fundamental principle of administrative and immigration law: when the law establishes a precise legal threshold, the administration must apply it strictly and cannot adopt restrictive measures if that threshold has not actually been exceeded. Thank you for listening to this episode of the podcast “Immigration Law.”
See you soon for another legal insight.
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