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Investments and Real Estate

Denial of the elective residence visa

If the Italian diplomatic or consular representation rejects a foreign national’s application for an elective residence visa, it is possible, under certain conditions, to appeal the denial before the Regional Administrative Court of Lazio (TAR Lazio).

To file an appeal, the applicant must be represented by a qualified lawyer licensed to practice in Italy, as foreign nationals cannot represent themselves in court.

The appeal must be submitted within strict deadlines, which begin from the date of notification of the visa denial decision. In general, the deadline is 60 days, but under certain conditions, it may be extended to 90 or 150 days.

The purpose of the appeal is to demonstrate in court that the applicant meets all legal requirements necessary to obtain an elective residence visa.

What remedies against refusal of a visa for elective residence

An appeal against the denial of the elective residence visa can be filed with the competent court, namely the Regional Administrative Court of Lazio (TAR Lazio), based in Rome.

The appeal must be submitted with the legal assistance of a lawyer licensed to practice in Italy within strict deadlines, which begin from the date the applicant is notified of the visa denial.

The quality of legal representation is crucial, as it is necessary to overturn the rejection and prove beyond any doubt that the applicant meets all legal requirements for obtaining the elective residence visa, including the designated residence, financial criteria, and absence of any risk to public order or national security.

With ruling No. 10878/2023 of 28 June 2023, the TAR Lazio in Rome, Section III, upheld an appeal filed by Boschetti Law Firm against the denial of an elective residence visa issued by the Italian Consulate in São Paulo. The court confirmed, as we had argued, that our client had proven full compliance with the necessary requirements to obtain the visa, specifically:

  • Having a residence in Italy, secured through a duly registered rental contract.
  • Possessing stable financial resources, generated from rental income from properties solely owned by the applicant, amounting to approximately double the required minimum.
  • Holding substantial bank balances, into which the stated financial resources were deposited.

Conversely, TAR Lazio noted that the public administration’s denial was based on generic and standardized reasoning, which was inconsistent with the evidence provided during the application process.

The discretionary powers of the Public Administration regarding the issuance of the elective residence visa must be exercised in accordance with Point 13 of Interministerial Decree No. 850/2011, which clearly sets out specific parameters that must guide the administration’s decision-making process.

Accordingly, the administration is required to assess, through a predictive judgment based on an evaluation of the amount, type, and quality of the applicant’s financial resources, their economic capacity, and the adequacy of these resources to ensure self-sufficiency in Italy without employment. In this regard, the amount, autonomy, stability, and full availability of the applicant’s demonstrated financial resources are particularly relevant.

In our client’s case, this thorough assessment provided a clear demonstration of their strong financial capacity, successfully meeting the legal burden of proof for self-sufficiency in Italy.

This ruling represents a major success for Boschetti Law Firm, reaffirming our expertise and in-depth knowledge in handling elective residence visa applications and appeals.

Entry visa requirements for elective residence

To obtain an elective residence visa and the corresponding elective residence permit, a foreign national must provide adequate and documented guarantees regarding the following:

  1. The availability of a residence in Italy, either owned or rented, to be designated as their elective residence.
  2. The possession of substantial, autonomous, stable, and regular financial resources, with a reasonable expectation of continuity in the future. These resources must amount to at least €31,000 per year and must derive from:
    • Significant passive income, such as pensions or annuities.
    • Ownership of real estate properties.
    • Stable economic or commercial business activities.
    • Other income sources distinct from salaried employment.

    Typical scenarios / Case studies

    The typical scenarios have been developed by drawing on the most significant corporate immigration cases that the firm regularly handles, with the aim of creating structured, complex examples that help the reader navigate their own situation. The case studies, by contrast, illustrate individual real-life matters, anonymised to protect client confidentiality, presented with full factual and contextual detail.

    Relocation

    US professional chooses Italy: elective residence obtained and future planned

    American professional obtains an elective residence visa while maintaining ties with the USA. Integrated assistance from legal strategy to property search..

    Application completed in approximately 3 months without additional requests
    Business

    US opera singer obtains work authorization in 7 days

    American opera singer with contracts already signed with an Italian theatre. Self employment work authorization obtained on an urgent basis to meet professional commitments.

    Work authorization issued within 7 days from submission of the application
    Real Estate

    US client purchases property in Rome: secure transaction

    American client assisted in the purchase of a property in Rome. Urban planning issues and contractual risks identified and resolved before signing, transaction completed through notarial power of attorney.

    Purchase completed within one month, entirely managed remotely
    Business

    American investor: from New York to a villa in Tuscany

    Cross-border property transaction with full relocation service. Purchase of a high-end property, with tax status, residency and NHS registration handled remotely.

    Complete relocation service, from property due diligence to handing over the keys
    Retirement

    Canadian couple, retirement property in Puglia

    From Toronto to the Itria Valley. Purchase of a farmhouse with cadastral issues, 7% flat tax on foreign pensions, elective residence visa and healthcare transition.

    7% flat tax activated, cadastral issues resolved before the deed of sale
    Business

    British entrepreneur, opening a business in Milan

    Post-Brexit, a London-based tech entrepreneur establishes an operational headquarters in Milan. Immigration pathway as a non-EU national, company incorporation, and tax planning.

    European operational hub established with self-employment visa successfully obtained
    Tax Planning

    Swiss retiree: 7% flat tax regime in Southern Italy

    A banking executive relocates from Zurich to Calabria. Management of the Swiss occupational pension pillar, Italy-Switzerland Tax Convention, and deregistration from the cantonal tax register.

    7% flat tax activated on all foreign-sourced income
    Retirement

    American couple: retirement project in Abruzzo with visa and flat tax

    From Connecticut to Abruzzo. Elective residency visa, 7% flat tax coordinated with IRS and FATCA obligations, and transition from Medicare to the Italian NHS (SSN).

    7% flat tax activated on Social Security and 401(k) pension income
    Relocation

    German couple, from Munich to Tropea

    Retired engineers from the Bavarian automotive sector. Multi-tier pension management, Italy-Germany Tax Convention, and the 7% preferential tax regime.

    Three German pension pillars optimised with Italian flat tax
    Business

    Startup tech: apertura filiale italiana per il mercato EU

    A Bay Area SaaS company establishes a Milan headquarters. Innovative startup SRL, EU Blue Card for the team, transfer pricing, impatriates tax regime, and GDPR compliance.

    Operational within 5 months, payroll cost −35% with impatriates tax regime
    Business

    Fashion brand, representative office in Milan

    Brand premium newyorkese apre presidio a Milano. Strutturazione per evitare stabile organizzazione, trasferimento direttrice creativa e gestione showroom.

    Rischio stabile organizzazione prevenuto, presidio EU operativo
    Corporate

    Manufacturing company, ICT transfers to Italy

    Multinazionale giapponese trasferisce 3 figure chiave in Piemonte. Permessi ICT per manager e specialista, coordinamento consolare e regime impatriati per tutti i dipendenti.

    3 trasferimenti completati in 4 mesi e mezzo, linea produttiva avviata nei tempi previsti

      How the Boschetti law firm can help with the appeal against the refusal of a visa for elective residence

      Boschetti Law Firm is the only legal practice in Italy that has dealt exclusively and in a structured manner with immigration law since 2008, long before the field gained the prominence it has today.

      The firm is highly experienced in assisting clients who have received a denial of their elective residence visa in filing an appeal before the Regional Administrative Court of Lazio (TAR Lazio). For us, this is a routine procedure.

      Our strong reputation is widely recognized, as demonstrated by over 220 positive reviews on Google Business.

      Here is how we work in detail:

      • We examine the visa denial decision, as well as any preliminary rejection notice issued under Article 10-bis of Law No. 241/1990 before the final decision, to assess whether the submitted documentation provides a solid basis for an appeal.
      • If the conditions for an appeal are met, we gather all original documents and handle the litigation process, preparing the appeal, notifying the relevant administration, and representing the client in court hearings.
      • we review the final ruling issued by TAR Lazio.
      • We handle the execution of the court’s decision. Our assistance is comprehensive and turnkey, meaning we support the client through every step until they physically obtain the elective residence visa from the Italian Embassy.
      Simple and fast steps

      Simple and fast steps for appealing the denial of an elective residence visa

      To obtain an elective residence visa, it is essential to properly prepare the supporting documentation to demonstrate that the applicant meets all legal requirements.

      In the event of a visa denial, the final decision must be carefully examined to understand the reasons behind the rejection and assess whether there are legal grounds for an appeal.

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

      Request a preliminary assessment

      Fill in the form so that we can assess your case. We will contact you within 48 working hours to let you know if and how we can assist you.

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      Investor visa: how to prove the source of funds?

      The source of funds must be demonstrated through banking and financial documentation proving ownership, availability, transferability, and lawful origin of the capital: recent bank statements (typically covering the last 3 months), certifications from the financial institution, and documents evidencing the source of funds (income, sale of assets, donations, or other traceable transactions).

      For the Italian investor visa (minimum €500,000 in a company or €250,000 in an innovative startup), documentation must be in Italian or English (or officially translated) and verifiable. Authorities carry out anti-money laundering checks and also require proof of no criminal convictions and of the lawful origin of the funds.

      Real estate purchase as a foreigner: does buying a property grant a residence permit?

      No, purchasing a property in Italy does not automatically grant a residence permit. A non-EU national may freely buy property, subject to the condition of reciprocity, but residing in Italy requires an independent residence title: elective residence, investor visa, work, or another legal ground предусмотрed by law.

      However, owning property can be a useful requirement for several types of residence permits, particularly elective residence. It demonstrates a connection to the territory and satisfies the accommodation requirement, as well as indicating the availability of sufficient financial resources. Therefore, the purchase should be part of an overall immigration strategy.

      Foreigner buying property in Italy: what taxes apply and what incentives are available?

      A foreign buyer pays the same taxes as an Italian citizen: a registration tax of 9%, or reduced to 2% if the “first home” benefit applies; VAT at 4% or 10% if purchasing from a developer. In addition, there are mortgage and cadastral taxes (€200 each for a first home).

      The “first home” benefit is also available to foreigners, provided they establish residence in the municipality where the property is located within 18 months of purchase. Special tax regimes for new residents or inbound workers may offer further advantages on the taxation of foreign

      Elective residence based on property purchase: what is the minimum income required?

      There is no minimum amount set by law. The consulate assesses on a case-by-case basis whether the applicant has sufficient means to support themselves without working in Italy. In practice, an annual income from passive sources (pension, annuities, dividends) of at least €31,000 for a single applicant is generally considered sufficient, with higher thresholds for dependent family members.

      Elective residence is intended for individuals who wish to relocate to Italy without carrying out any work activity. Owning a property or having a long-term rental agreement strengthens the application. Proof of passive income sources is the key requirement.

      Opening a representative office in Italy: what are the tax obligations and advantages?

      A representative office does not carry out commercial activities in Italy: it promotes the business, gathers information, and manages relationships with clients and suppliers without entering into contracts. As it does not constitute a permanent establishment, it does not generate taxable income in Italy and is not subject to corporate income tax (IRES) or VAT on its activities.

      The advantages: a physical presence in the Italian market without direct taxation, low start-up costs, and no obligation to prepare separate financial statements. The obligations: registration with the REA (Economic and Administrative Index) at the Chamber of Commerce, keeping accounting records for expenses incurred, and filing withholding tax returns if employees are hired.

      Innovative startup in Italy: what tax incentives are available for foreign founders?

      Foreign founders of innovative startups may benefit from a 30% personal income tax (IRPEF) deduction (up to 50% in certain cases) on investments in the company’s capital, the favorable tax regime for new residents, and exemption from Chamber of Commerce fees and stamp duties for the first five years.

      The startup must be registered in the special section of the Companies Register and meet the requirements set out in Law Decree 179/2012, which are also verified by the Investor Visa for Italy Committee. As for immigration pathways, the investor visa requires a minimum investment of €250,000 in an innovative startup.

      The ItalyVisaInvestment website is owned by Studio Legale Boschetti and is the go-to resource for foreigners who wish to invest in Italy, obtain elective residence, or apply for an investment visa.

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