In short. The declaration of presence in Italy (dichiarazione di presenza) is a formal notice to the Questura in which a foreign national states where, why and for how long they are staying. It is required for short stays of less than 90 days when you enter from a Schengen country and do not stay in a hotel. It is not needed if you have an entry stamp from a non-Schengen border, stay in a hotel, or apply for a residence permit within 8 days.
This guide is devoted to an often underestimated topic: the declaration of presence (dichiarazione di presenza), which is mandatory for all foreign nationals who enter Italy and are not registered by the Border Police.
In essence, it is a formal notice in which the foreign national declares their presence in the country to the Italian authorities, stating the place, purpose and length of their stay.
This requirement has a twofold purpose: on the one hand, it allows the Italian authorities to monitor entries and prevent irregular situations; on the other, it gives legal protection to the foreign national, since the declaration is proof of their lawful stay for the permitted period.
Failing to submit the declaration makes the stay irregular and can lead to expulsion or other penalties, as we will see below.
For citizens of the European Union, the declaration of presence has a different but equally important role. Although they are free to move and reside within the Union, they must still report their presence if they intend to stay in Italy beyond a certain period, so that the local authorities can update the population registers and ensure access to the rights linked to residence.
Which laws govern the declaration of presence in Italy?
The legislation on the declaration of presence and first entry of foreign nationals into Italy is contained in the following:
- D.Lgs. 25 July 1998, n. 286 (Testo Unico Immigrazione, the Consolidated Immigration Act);
- DPR 31 August 1999, n. 394 (its implementing regulation);
- Law 28 May 2007, n. 68;
- Decree of the Minister of the Interior of 26 July 2007.
When do you need a declaration of presence?
The declaration of presence is only required if:
- you are staying in Italy for less than 90 days and enter from a Schengen country (so you do not have an Italian entry stamp).
This is because the purpose of the declaration of presence is to let the public security authorities know that you are in Italy. So you must make the declaration of presence if you are staying in Italy for less than 90 days for tourism, or for a mission, sporting competition, visit, business, scientific research or study, and you entered from a Schengen country.
When do you not need a declaration of presence?
The declaration of presence is not required if:
- you are staying in a hotel or similar accommodation, as the hotel operator is required to report the personal details of guests to the Polizia di Stato (State Police) within 24 hours of their arrival;
- you enter, with or without a visa, from a country outside the Schengen area, in which case your passport is given an entry stamp, which counts as the declaration of presence;
- you intend to stay for more than 90 days. You must apply directly to the Questura (police immigration office) for a permesso di soggiorno (residence permit) within 8 days of entry, so the declaration of presence is not required.
Please note that in many cases the residence permit is only granted if a specific entry visa has been issued first. In Italy you cannot enter as a tourist and apply for a work residence permit simply because you have received a job offer. See our guide to the Italian entry visa for the main visa types.
How do you fill in the declaration of presence form?
The declaration of presence must be filled in completely and then stamped by the Questura official.
Pay attention to the following details:
- first name and surname;
- date and place of birth;
- nationality;
- type of identity document;
- place of issue and expiry date;
- country of origin;
- address in Italy;
- date of entry;
- length and purpose of stay.
The official form is available below: you can print it and fill it in to submit it to the Questura.
Download the form (in Italian)
What are the penalties?
Failing to comply with the rules can lead to penalties, including serious ones. Expulsion may also be ordered if the declaration is not made or is made late, in addition to a fine of up to €10,000.
Frequently asked questions
Who must file a declaration of presence in Italy?
Foreign nationals who come to Italy for less than 90 days, for example for tourism, business, a visit, study or scientific research, and who enter from another Schengen country, so they have no Italian entry stamp. The declaration is made at the Questura, stating the place, purpose and length of the stay.
Do I need a declaration of presence if I stay in a hotel?
No. If you stay in a hotel or similar accommodation, the operator must report your personal details to the Polizia di Stato within 24 hours of your arrival, so you do not need to file the declaration of presence yourself. It is still needed if you stay in a private home after entering from a Schengen country.
Does an entry stamp replace the declaration of presence?
Yes. If you enter Italy, with or without a visa, from a country outside the Schengen area, your passport is given an entry stamp at the border, and this stamp counts as the declaration of presence. You do not need to file a separate form at the Questura.
What if I want to stay in Italy for more than 90 days?
The declaration of presence is not required. You must instead apply to the Questura for a residence permit within 8 days of entry. In many cases the permit is only granted if a specific entry visa was issued first: you cannot enter as a tourist and then apply for a work permit.
What happens if I do not file the declaration of presence?
Failing to submit the declaration makes the stay irregular. Expulsion may be ordered if the declaration is not made or is made late, in addition to a fine of up to €10,000. If in doubt about your case, check with the Questura before the deadline.
Official sources
Sources checked on 15 October 2026. Forms and procedures can change: always check the latest instructions from the competent Questura.
How can SH Immigration Specialists help?
SH Immigration Specialists helps foreign nationals and their hosts understand whether a declaration of presence is needed, fill in the form correctly and, for longer stays, prepare the residence permit application within the 8-day deadline. The outcome depends on the competent authorities. For an assessment, contact us.
This content provides general information and does not constitute legal advice.
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