The EU long-term residence permit is valid throughout Europe_ an anagraphic “untraceability” finding is not enough to revoke it

The EU long-term residence permit is valid throughout Europe: an anagraphic “untraceability” finding is not enough to revoke it Good morning, I’m Attorney Fabio Loscerbo.In this new episode of the Immigration Law podcast, I will analyse a decision of particular importance because it clearly sets out a principle that is still too often disregarded in administrative practice. I am referring to judgment number 43 of 2026, delivered by the Regional Administrative Court for Piedmont at the hearing of 14 January 2026 and published on 17 January 2026. The case concerns the refusal, by the Turin Police Headquarters, of an application to update an EU long-term residence permit. The refusal was essentially based on two elements: the applicant’s deregistration from the municipal population register due to “untraceability” and the alleged absence from Italian territory for a period deemed incompatible with the maintenance of the permit. The Court starts by clarifying a fundamental point: the EU long-term residence permit is not a purely national title limited to Italy. It is a status with a European dimension, and for this reason the absence from a single Member State, or the lack of residence registration in an Italian municipality, cannot automatically be equated with leaving the territory of the European Union. The judgment clearly states that deregistration for anagraphic untraceability is not, in itself, a lawful ground for revoking the EU long-term residence permit. Article 9 of the Consolidated Immigration Act exhaustively lists the cases in which revocation is allowed. Among these, relevance is given to absence from the territory of the State for more than six years, not to mere anagraphic untraceability. In the case examined, the Administration had not provided any concrete evidence that the person concerned had actually left the territory of the European Union. On the contrary, the administrative file itself showed that the individual had been present in another Member State. According to the Court, this circumstance further undermined the reasoning underlying the refusal. The principle emerging from the decision is straightforward and has significant practical implications: being untraceable in an Italian municipality does not automatically mean having left the European Union, nor does it allow the Police Headquarters to revoke or deny the update of an EU long-term residence permit without a proper investigation and without solid documentary proof. This judgment is an important reminder of the limits of administrative discretion. It reaffirms that the EU long-term residence permit is designed as a tool of legal stability, intended to secure a durable status for lawfully integrated third-country nationals, and not as a precarious title that can be withdrawn on the basis of presumptions or administrative shortcuts. For today, that’s all.You can explore these issues further by reading my articles on my blogs, listening to other episodes of the Immigration Law podcast, or following my content on YouTube and TikTok.Questo episodio include contenuti generati dall’IA.