Immigration Law in Italy – Visas and Permits
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Due to a multi-level regulatory system (Italian, European and International) that is applicable to persons not holding an Italian passport, visa and immigration-related issues are rather complex. However, your nationality is not the only factor that comes into play when determining the type of visa/permit that best matches your needs. Each case is unique with specific conditions and documentation requirements.
To begin your journey to Italy, we must determine the best possible solution. We base our immigration legal advice on your personal and professional status, as well as on your medium and long-term goals for life and career, or even retirement, in Italy.
Italian immigration law provides several potential visa options, however, not all them apply to a given applicant. The most commonly used visas/permits are the following:
- Elective Residency Visa
- Student VISA (for a stay longer than 3 months)
- Asylum Visa
- Exclusive Custody Permit
- Family Reunification Visa
- Self-employment Work Permit
- Employee Work Permit
- Religious Visa
- Visa for Scientific Research and
- Visa for Stateless Persons
Our working languages in the area of Immigration Law are: Italian, English, German, Russian, Spanish and Greek.
Buzz topic: Elective Residency in Italy
This type of visa allows persons that generate income generated in their country of residence to relocate to Italy. This is usually the case with persons that have decided to retire.
Under Italian Law (Decreto Legislativo n° 286/1998) a non-European citizen (i.e., the visa applicant) is requested to provide evidence that he/she relies on an income that allows him to reside in Italy without working (the amount of this income is determined by the Italian Consulate located in the State where the applicant originally comes from). This varies greatly from State to State.
These funds must not be generated through employment. Pension is a good example of the type of funds that would make an individual eligible for an elective residency visa. Other types of income include income generated through lease agreements and dividends (unless the applicant is employed by the company or holds the office of CEO/Manager Director).
The steps that we must take in order to obtain an Elective Residency visa in Italy are the following:
- File a form to the Italian Consulate of the State of origin and all necessary accompanying documentation such as a copy of the applicant’s passport, a document providing evidence that the applicant generates the income required to live in Italy and a document providing proof that the applicant has secured accommodation in Italy (i.e., a real-estate purchase contract or a lease).
- If the submitted documents comply with requirements set by the applicable regulations, the Italian Consulate will provide the applicant with an “entry visa” that allows him to enter Italy and apply for the Elective Residency visa.
- The application for the Elective Residency Visa must be filed within 90 days from the issuance of the entry visa. This application is submitted to a Police Department called “Questura” (the competent Questura is located at the Italian city where the applicant has decided to take up the Elective Residency).
The contents of this page should not be taken as an authoritative statement of Italian law and practice. Neither the author nor the publisher are responsible for the results of actions taken on the basis of information contained in this summary, nor for any errors or omissions. This text is not intended to render legal, accounting or tax advice. Readers are encouraged to seek professional advice concerning specific matters before making any decision.