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I have permesso di soggiorno based on the visa in my old passport. Now I left Italy and changed my passport and my permesso is still valid. Now I wonder whether when I get back to Italy with new passport (without visa) and permesso based on the old passport will I have any problems. I went also to the Italian embassy they told me since I have active permesso they can't give me new visa. Could someone please answer?

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    Are you an Armenian citizen ? Is the visa in your old passport still valid ? Do you still have your old passport with the visa ? – blackbird Aug 16 '16 at 15:25
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You can travel to Italy with your current valid passport and your permesso di soggiorno. You do not need your old passport or the old visa.

Your permesso di soggiorno is not "based on" a visa; it replaces the visa. With a valid permesso di soggiorno, you do not need any visa.

See, for example, the Schengen Borders Code Article 5(1)(b):

  1. For stays not exceeding three months per six-month period, the entry conditions for third-country nationals shall be the following:

(b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, except where they hold a valid residence permit;

(emphasis added)

Similarly, the permit itself allows you to remain in Italy as long as it is valid, and by implication to enter Italy at any time.

  • Is the permesso basically a type D visa ? – blackbird Aug 16 '16 at 16:04
  • @blackbird it has the same legal effect as a type D visa, yes. But unlike a type D visa, one can (must?) apply for and receive it in the country. – phoog Aug 16 '16 at 16:09
  • yes my visa is D type – user49900 Aug 16 '16 at 16:48
  • the only thing that i worry is cause i remember when at the beginning i got my first permesso they told me that to other schengen countirens i can travel only with permesso and visa, only peremsso is not sifficent – user49900 Aug 16 '16 at 16:58
  • @vahar it is not correct: Your permesso di soggiorno allows you to travel to any Schengen country, subject to the 90/180 rule for days spent in Schengen countries other than Italy. As you have learned, you can't even apply for a visa if you hold a residence permit. – phoog Aug 16 '16 at 18:09

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