Elective residence

Elective Residence for Ukrainians

Bilateral relations between Italy and Ukraine began on January 29, 1992, following Italy’s recognition of Ukraine’s independence (which was declared after the December 1, 1991 referendum, in which over 90% of Ukrainians voted in favor of independence). Since then, relations have been strong and fruitful.

According to Ukraine’s state statistical service, in 2018, Italy ranked among Ukraine’s top ten trade partners, with a total trade volume of $4.6 billion USD. In the same year, Italy invested $234.9 million USD in Ukraine.

From January to November 2021, Italian exports to Ukraine amounted to €2,112.94 million (ICE Agency data, sourced from ISTAT).

Since 1992, Italy and Ukraine have signed numerous bilateral agreements in areas such as defense, taxation, free movement of people and goods, small and medium-sized enterprises, and more.

Italy has strongly condemned the 2022 Russian military aggression against Ukraine, affirming its support for Ukraine’s territorial integrity, sovereignty, and independence within its internationally recognized borders. Italy also supports Ukraine’s path toward European Union membership.

Given the ongoing conflict, an elective residence permit can be an attractive option for Ukrainian citizens wishing to relocate and settle in Italy.

The elective residence for Ukrainians allows Ukrainian citizens with sufficient financial resources to support themselves without working in Italy to enter the country legally and stay for a long-term residence.

What is the elective residence permit?

The elective residence permit allows Ukrainian citizens who have applied for and obtained an elective residence visa to reside in Italy for an extended period.

The permit must be requested within 8 days of entering Italy. It is initially valid for one year and is renewable upon expiration, provided that all legal requirements remain met.

To apply for elective residence for Ukrainian citizens, the individual must enter Italy with an elective residence visa and submit the permit application at Italian Post Office (Poste Italiane) service counters. Upon submission, the applicant will receive a receipt indicating the appointment date at the Immigration Office (Questura).

On the appointment day, the Ukrainian citizen, assisted by an experienced Italian immigration lawyer, must appear at the Questura to provide fingerprints.

Once these formalities are completed, the Questura will notify the applicant when their elective residence permit is available for collection.

What is the elective residence visa in Italy?

The elective residence visa allows Ukrainian citizens who can demonstrate financial self-sufficiency—without the need to work in Italy—to legally enter and establish long-term residence.

The visa must be obtained before entering Italy.

The application must be submitted in person at the Italian Embassy or Consulate responsible for the applicant’s place of residence.

To apply for the elective residence visa for Ukrainian citizens, the Ukrainian applicant must complete a standard visa application form and attach all necessary documentation proving that they possess sufficient and stable financial resources to live in Italy without working.

Requirements for the elective residence visa for Ukrainians in Italy

To obtain elective residence, Ukrainian citizens must demonstrate the availability of:

A property in Italy to be used as their residence. This requires purchasing a property or signing a long-term rental contract, duly registered with the Italian Revenue Agency.
Sufficient, stable, and regular financial resources that can reasonably be expected to continue in the future, not derived from employment in Italy.

These financial resources, estimated at a minimum of €31,000 per year, must come from:

Passive income (pensions, annuities, financial investments, etc.).
Rental income from owned properties.
Stable economic or commercial activities abroad.
Other non-employment sources.

Additionally, the Ukrainian citizen must have a private health insurance policy covering illness and accidents.

The applicant must also demonstrate a genuine intention to reside permanently in Italy. Italian courts have ruled that applications may be denied if the intention to permanently settle in Italy is not convincingly demonstrated.

Documents required for the elective residence visa for Ukrainian citizens

To apply for an elective residence visa, the Ukrainian citizen must submit:

A property purchase deed or rental contract registered with the Italian Revenue Agency, proving residence in Italy.
Documents proving financial resources, depending on the source of income (e.g., company balance sheets, tax returns, property ownership certificates, investment income reports, etc.).
A private health insurance certificate, with proof of renewal.

Health insurance requirement for the Italian elective residence visa for Ukrainians

According to Article 34 of the Italian Immigration Law (D.Lgs. n. 286/1998), foreigners residing in Italy who are not required to enroll in the National Health Service (SSN) must purchase private health insurance covering illnesses, accidents, and maternity, with minimum coverage of €30,000 for emergency hospitalization and repatriation costs.

To apply for the elective residence visa, the Ukrainian citizen must purchase a private health insurance policy and submit proof of coverage with the visa application.

After arriving in Italy, the Ukrainian citizen may choose to:

Continue private health insurance or
Enroll voluntarily in the National Health Service (SSN) by paying the annual contribution based on income.

Application and steps to obtain an entry visa for elective residence for Ukrainians in Italy

A Ukrainian citizen seeking an elective residence visa must first verify, preferably with the assistance of an experienced immigration law professional, whether they meet the legal requirements for obtaining this type of visa.

Preliminary Requirements

Before applying for the visa, the applicant must secure a property in Italy. If the Ukrainian citizen wishes to personally handle the purchase of real estate, they may first apply for a business visa to legally enter Italy, negotiate the purchase, and complete the notarial deed for property acquisition.

Key Steps in the Application Process

Secure a property in Italy, either by purchasing or renting a legally registered residence.
Gather the required documentation, ensuring it is complete and properly organized.
Prepare and review the visa application file to ensure compliance with legal requirements.
Complete the standard application form for the elective residence visa.
Submit the application and supporting documents to the competent Italian Embassy in Ukraine, based on the applicant’s place of residence.

Given the complexity of the process, it is highly recommended that the Ukrainian applicant seek legal support from an expert in immigration law to avoid complications and ensure a successful application.

How Boschetti law firm can assist Ukrainian citizens in obtaining elective residence

Boschetti Law Firm provides comprehensive legal assistance to Ukrainian citizens throughout the elective residence visa process, offering high-level legal expertise.

Our services include:

Initial online consultation to determine required documents.
Document review and verification to ensure legal compliance, including translations.
Visa application preparation and assistance in assembling the complete application package.
Legal representation in case of visa denial, including formal appeals under Article 10-bis of Law No. 241/1990.
Support after visa approval, including elective residence permit application assistance and accompaniment to the Immigration Office (Questura).

Throughout the entire process, Boschetti Law Firm liaises with Italian embassies and immigration authorities to streamline the application process and safeguard the client’s interests.

Simple and fast steps

Simple and fast steps to obtain elective residence for Ukrainians

To obtain elective residence for Ukrainian citizens, it is essential to carefully prepare all required documentation to be attached to the application. The Ukrainian applicant must demonstrate compliance with the legal requirements for visa issuance.

For this reason, it is crucial to seek assistance from a law firm with extensive experience in immigration law and specific expertise in this type of visa.

Below is a step-by-step summary:

Identify a property to purchase (preferred option) or lease.
Verify the fulfillment of all other eligibility requirements for the elective residence visa application.
Enter Italy with a business visa, possibly multiple times, to negotiate and complete the property purchase (for rentals, the process can easily be delegated to local representatives).
Gather all necessary documents, including proof of property ownership in Italy (or a registered lease contract) and sufficient, stable, and independent financial resources distinct from employment income.
Complete the standard application form for the elective residence visa.
Submit the application and required documentation to the competent Italian Embassy based on the applicant’s place of residence.
Attend an interview at the Italian Embassy, if required.
Upon visa approval, enter Italy and, within 8 days of arrival, apply for the elective residence permit via the postal kit.
Attend the appointment at the Immigration Office (Questura) to undergo fingerprint collection (biometric data registration).
Collect the residence permit on the scheduled date.

Does holding a residence permit automatically grant residency?

No. A residence permit does not automatically confer residency. The Ukrainian citizen must formally apply for registration in the Italian Population Registry (ANPR) at their local municipality.

Who can apply for a long-term residence permit?

Under Article 9 of the Italian Immigration Law, a long-term residence permit can be requested by foreigners who have legally resided in Italy for at least five years with a valid residence permit, provided they meet the minimum income requirement and pass the Italian language test.

Who is eligible for family reunification?

Foreign residents in Italy with a valid residence permit of at least one year may apply for family reunification for: • Spouses • Minor children • Dependent adult children • Parents (under specific conditions) The elective residence visa may also be granted to spouses and children, provided that the financial means are sufficient to support the entire family without requiring employment in Italy.