With judgment no. 19676 of 6 November 2025, the Regional Administrative Court for Lazio once again addresses the issue of the elective residence visa, clarifying certain relevant aspects concerning the correct assessment of the economic resources required from foreigners who intend to settle in Italy without carrying out any work activity.
The decision assumes particular importance because it intervenes in a rather widespread administrative practice in Italian consulates, namely the incorrect application of income parameters when the application concerns more members of the same family. The Court reiterates that the legislation must be interpreted in a systematic and reasonable manner, avoiding automatic mechanisms that may lead to unlawful refusals.
The case
The case examined concerns a family of Turkish citizens who had submitted an application for an elective residence visa at the Consulate General of Italy in Istanbul. The application had been rejected on the grounds that the applicants did not possess sufficient economic resources to support themselves in Italy.
In the appeal before the Regional Administrative Court, the applicants demonstrated that they owned a dwelling in the Municipality of Mantua and had several sources of stable and documented income available. Among these were pensions amounting to approximately 26,800 euros per year for the husband and 21,600 euros per year for the wife, interest on deposit accounts for approximately 12,600 euros per year, income deriving from the lease of a property in Istanbul amounting to approximately 16,500 euros per year, and liquid funds available in bank current accounts. Despite this, the consulate considered that the economic requirement had not been satisfied.
The applicants therefore challenged the refusal, arguing that the assessment of the economic resources had been incorrect and that the administration had misinterpreted the parameters provided for by the legislation governing the elective residence visa.
What elective residence is
The elective residence visa is a type of long stay visa provided for by the Italian legal system for foreigners who intend to settle permanently in Italy without carrying out work activity. The regulation falls within the legal framework outlined by the Consolidated Immigration Act and its implementing regulation, as well as by interministerial decree no. 850 of 2011, which defines the various types of visas.
In order to obtain this visa, the applicant must demonstrate the intention to live permanently in Italy, the availability of a dwelling to be elected as residence, and above all the presence of autonomous, stable, and regular economic resources. These resources must derive from sources other than employment, such as pensions, annuities, real estate ownership, or economic activities that generate passive income.
The legislation also establishes a minimum income threshold linked to the parameters used to determine the means of subsistence of foreigners entering Italy. In essence, the foreign national must demonstrate an annual income at least equal to three times the minimum amount provided for by the relevant legislation.
This type of visa is often used by foreign retirees, by individuals with real estate assets, or by persons who possess financial income sufficient to support themselves without working in Italian territory.
The reasons of the regional administrative court
The Regional Administrative Court for Lazio reconstructed the applicable legal framework and clarified how the economic parameters required for the issuance of the visa must be interpreted. According to the Court, the legislation provides for a basic income threshold for the main applicant and a more limited increase for the additional family members who apply for the visa together with him.
In the case examined, however, the consulate had automatically applied the same income requirement to all members of the household, effectively requiring the same minimum threshold for each applicant. The Court considered this interpretation incorrect, observing that the legislation clearly distinguishes between the first applicant and the other cohabiting family members.
In particular, the minimum income required must be calculated starting from the quota provided for the main applicant and adding a lower quota for each additional member of the family. The administration, by requiring the same income for all applicants, therefore applied a more restrictive criterion than that provided for by law.
In light of this interpretation, the Court held that the refusal decision was unlawful due to violation of the legislation and incorrect assessment of the available economic resources.
Outcome
The Regional Administrative Court for Lazio therefore upheld the appeal and annulled the refusal decision issued by the Italian Consulate in Istanbul. The judgment also ordered the administration to pay the legal costs.
The decision confirms an important principle in matters concerning elective residence visas: consular authorities must assess applications in a concrete manner and in compliance with the legislation, avoiding excessively restrictive interpretations that may unlawfully limit access to this form of residence.
How the Boschetti international law firm can help you obtain an elective residence visa
Disputes concerning elective residence visas are increasingly frequent, especially in cases in which consular authorities interpret economic requirements restrictively or do not correctly assess the documentation submitted by the applicant.
Boschetti International law firm assists foreign citizens in all stages of the procedure to obtain the elective residence visa and, if necessary, in litigation before the Italian administrative courts. The experience developed in this field makes it possible to identify the critical issues in consular decisions and to effectively protect the rights of applicants.
A significant example is represented by the successful case C.A. (only the initials are mentioned in compliance with privacy regulations), decided by the Regional Administrative Court for Lazio, in which our law firm obtained the annulment of a refusal decision relating to an elective residence visa. On that occasion as well, the court recognized the incorrectness of the assessment carried out by the Administration.
Thanks to a specialized approach and a deep knowledge of legislation and case law in the field of immigration, Boschetti International law firm is able to assist international clients in the preparation of the visa application, in the management of relations with consulates, and in judicial defense in the event of a refusal.
