The legislation for study stays of less than five months

In recent years there has always been talk of the so-called «brains on the run» from our country to other nations, which could give them more opportunities and professional opportunities suited to the studies carried out. Net of the pandemic that has afflicted the entire globe since the beginning of 2020, it is interesting to analyze the actual pre-Covid data: in the decade 2008-2018 about one million compatriots moved abroad, with 130,000 in 2019 alone. with an increase of almost 10% compared to the previous year.

The problem should not be considered only from the purely numerical point of view of the exits, since emigration occurs with higher numbers, for example, in France and Germany, but from the too low numbers of those arriving on our territory.

How many students are there to study in Italy?

Based on Eurostat data we find out how only 5.6% of those enrolled in Italian universities come from abroad, a figure far below the European average – which is between 8 and 9% – at an abysmal distance from other countries where the presence of foreign students it also accounts for over 30% of the total number of subscribers.

We can go up some positions by taking into consideration the Masters and Doctorates which make use of the presence of 16% of foreign students, but always at sidereal distances from countries such as France, Germany and the United Kingdom.

What are the steps to follow to come to Italy to study?

Most non-EU foreign students wishing to study in Italy, for a degree, master or doctorate course, need to apply for a Visa and Residence Permit once they arrive in our cities.

A problem had always arisen on the need to apply for a permit for students who were staying in Italy for a period of less than 150 days.

The Decree-Law of 21 October 2020 n. 130 dispelled any doubts in this regard, establishing that the request for a Residence Permit is not mandatory, but only a declaration is required of presence after arrival to be presented at the Police Headquarters.

In this case, Art. 38 of the Consolidated Immigration Act, which now states:

«Art. 38-bis (Provisions regarding short-term stays for students of subsidiaries in Italy of foreign universities and higher education institutes at university level). – 1. The provisions of law no. 68, apply to students of subsidiaries in Italy of universities and higher education institutes at university level referred to in article 2 of law no. 4, in the event that the stay in Italy of the aforementioned students does not exceed one hundred and fifty days. The provisions of article 6, paragraph 8, of this consolidated act apply.

2. In the cases referred to in paragraph 1, the declaration of attendance is accompanied by a declaration of guarantee from the legal representative of the subsidiary or his delegate who undertakes to communicate within forty-eight hours to the territorially competent questore any changes relating to the student’s presence. during his stay for study purposes. Violations of the provisions of this paragraph are subject to the administrative sanction referred to in article 7, paragraph 2-bis «.