It is unattainable that a citizen who has previously resided in the municipality is no longer habitually resident in the municipal territory and at the same time does not know the municipality or the newly-resident state, since the aforementioned person has not fulfilled his obligation to communicate this transfer to the Immigration and / or Immigration Commune.
The consequences and penalties, whether administrative or criminal, are to be penalized in the event of a breach of this obligation, especially where such non-disclosure results in evasion or tax evasion at municipal taxes or other bodies, or the assignment or maintenance not due to contributions, subsidies or health care benefits provided by the municipality or other public bodies.
In that case, however, an official cancellation procedure must be initiated from the municipal register.
Article. 11, paragraph 1 °, lett. c) of the current Master Order (DPR 30 May 1989, n.223) provides for different types of cancellation procedures for unavailability and precisely for:
- Unavailability as a result of the results of the general census of the population;
- Ordinary or tout court irresponsibility, ascertained as a result of repeated inquiries, suitably interdependent;
- Unavailability for foreign nationals (Community);
- "Special" unavailability for non-EU foreign nationals.
Unavailability as a result of the results of the general census of the population
The specific modalities for deletion from the registry for unavailability as a result of the general census of the population are governed by the procedural indications specified by the ASTAT at each ten-year census of the population.
Ordinary or tout court irresponsibility, ascertained as a result of repeated inquiries, appropriately interposed
Cancellation for ineligibility tout court must occur if, following "repeated inquiries, suitably interrupted, the person was found unenforceable" (Article 11, lett, C cit.). The Istat, with 5 Circular April 1990, no. 21 added that "Cancellations for non-availability of Italian or foreign nationals must be made when they have been found irrelevant to their address for at least a year and do not know their current habitual residence."
Unavailability for foreign nationals (Community)
The irreperability procedure for EU foreign nationals is procedurally identical to that for Italian citizens.
"Special" unavailability for non-EU foreign nationals
Article. 7, subsection 3 °, of the current Regulations, stipulates that foreigners registered in the registry must renew the declaration of habitual residence in the municipality within 60 days of the renewal of the residence permit by submitting a copy of the residence permit with the stipulation that they do not cease to be inscribed during the renewal of the residence document. The Anagrafe officer, after updating the alien's master card, must report it to the Questor. In the event of a spontaneous renewal of the habitual residence declaration, six months after the expiration of the residence permit, the Registrar may initiate the "accelerated" cancellation procedure for non-disclosure, inviting the person concerned to provide within subsequent 30 days. Where the foreigner does not make the declaration within the prescribed time, the Registrar shall take the removal order from the Registrar for the non-availability of the foreigner in question.
As in the case of the transfer of the residence of a person to another known municipality or known foreign state, the report to the Civil Registrar of the transfer of a citizen to a city or state not known and therefore "unavailable" can be made by any citizen. Anyone can therefore apply and make a written report in writing to the Registry Office, which will then be able to arrange the appropriate inquiries and proceed to the cancellation as per the above 2, 3 and 4 points.