Refusal of the Elective Residence Visa: when an appeal before the Regional Administrative Court can overturn the decision of the Consulate

The case concerns a foreign citizen residing abroad, born in South Africa and subsequently settled in other Countries, interested in permanently moving to Italy through the elective residence visa.

The client’s objective was to establish his residence in the Italian territory in order to live in Italy without carrying out any working activity, relying on autonomous and continuous financial resources deriving from his own assets.

The financial situation was in fact particularly solid and documented. The applicant owned several properties located in different Countries, including the United States, Scotland and France, from which he regularly received rental income managed through local real estate agencies. Overall, these real estate revenues generated approximately 57,419 euros per year, an amount well above the minimum threshold required by Italian legislation for the issuance of the elective residence visa.

In addition to these periodic incomes, the client also had significant financial assets deposited in personal bank accounts located in different Countries, for a total value exceeding 128,000 euros, a factor that further strengthened the proof of his ability to support himself independently in Italy without carrying out any working activity.

In view of the relocation, the client had also already identified and rented a residence in Italy, located in Treviso, intended to become his future residence.

In order to protect the client’s rights, the LAW FIRM decided to file an appeal before the Regional Administrative Court for Lazio TAR Rome, competent for disputes relating to consular measures concerning visas

The legal intervention was structured through a structured defense strategy.

Challenge of the refusal decision

After a careful analysis of the applicable legislation and of the available documentation, an administrative appeal was prepared aimed at obtaining the annulment of the consular measure for violation of law and excess of power.

The appeal specifically contested the violation of the obligation to state reasons provided for by Article 3 of Law no. 241 1990 and the incorrect assessment of the economic requirements required by immigration legislation.

Submission of financial documentation

During the proceedings numerous documents were filed suitable to precisely demonstrate:

• the ownership of several income producing properties;
• the regular receipt of rental payments;
• the availability of substantial financial resources in personal bank accounts;
• the availability of a residence in Italy intended as a place of residence.

This documentation clearly demonstrated that the client possessed more than sufficient financial resources to satisfy the requirements established by the legislation governing the elective residence visa, which requires stable and autonomous income of significant amount.

Challenge of the reasoning of the refusal

The defense also highlighted that the consular Administration had merely used generic and stereotyped formulas, without carrying out a real analysis of the documentation produced by the applicant.

According to the defensive argument, the refusal was therefore affected by:

• lack of reasoning;
• misrepresentation of the facts;
• incorrect assessment of the financial documentation submitted.

At the same time, a request was also submitted to accelerate the handling of the appeal, considering the personal and financial relevance of the matter for the client.

“I had been told that my resources were not sufficient, but without any concrete explanation. Thanks to the intervention of the LAW FIRM it was possible to demonstrate that the decision of the Consulate was not properly reasoned and that my financial situation fully satisfied the required requirements.”