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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

  1. Secure a property in Italy, either by purchasing or renting a legally registered residence.
  2. Gather the required documentation, ensuring it is complete and properly organized.
  3. Prepare and review the visa application file to ensure compliance with legal requirements.
  4. Complete the standard application form for the elective residence visa.
  5. 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.

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 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.

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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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