Elective Residence visa Italy

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What is a national visa for elective residence?

Elective residence in Italy requires a national visa. This grants access to Italy for overseas nationals wishing to reside in Italy. Applicants must be able to support themselves financially, without carrying out any type of work.

Article 13 of Attachment A of the inter-ministerial Decree MAE n°850 defines the types of Italian entry visas and requirements to obtain them.

What paperwork is necessary to obtain an elective residence visa?

Foreigners wishing to obtain an elective residence visa will have to provide documentary proof that they own or rent a property in Italy. This will be where you  will be living. In addition, proof of adequate financial resources is necessary.

Successful applicants for an elective residence visa should have annual funds of at least €31,000. This equates to approximately triple the required per diem amount, on an annual basis, as estimated in Chart A. This chart is an attachment to the Ministry of Internal Affairs directive of March 1st 2000.

Annual income may derive from savings, pensions, annuities, real estate, businesses or from other sources. However, it cannot be from employment.

Who is entitled to an elective residence visa in addition to the applicant?

A cohabiting spouse or registered partner, minors and adult dependent children will receive the same visa, so long as financial means are adequate to support them. This means your total amount of annual income should include an extra 20%, if the visa is for a spouse whereas an additional 5% is necessary for each dependent child.

What level of annual finances do you need to gain elective residence in Italy?

The “minimum financial requirement” in accordance with Italian legislation is approximately €31,000 per annum. However, it is likely that authorities will assess the situation on a case by case basis.

How long is an elective residence visa valid and, can it be renewed?

An elective residence visa is valid for 1 year. Thereafter, the visa is renewable at provincial police headquarters on the condition that the previously mentioned original requirements remain unchanged.

You must apply for an elective residence visa at an Italian Consulate in your home country and convert it into a residence permit within 8 days of your arrival in Italy – as is the case for all other types of extended stay national visas.

It is not possible to renew or reinstate a residence permit if you interrupt your stay in Italy for a span longer than six months, unless you can prove that the interruption was for significant motives such as military duties.

Is any type of employment permitted with an elective residence visa?

No. This type of visa does not permit any employment activity in Italy. You must therefore be able to support yourself on an income that derives from other sources.

Is there any other type of visa for a long-term stay in Italy?

After 5 years of residence in Italy, you can request a permanent EU residence permit. This means that a holder will be able to benefit from the same terms as those of EU citizens.

Finally …

We have over 55 years of helping overseas nationals obtain Italian residence. If you need help or would like to discuss your situation, please get in touch with us.

You may also find our guide to buying property in Italy useful.

Avvocato – Frequently Asked Questions

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What does avvocato mean?

The Italian word, avvocato, has three main equivalent terms in English: lawyer, solicitor, attorney.

How long does it take to become an avvocato?

What is an Avvocato?

Left: Giandomenico De Tullio. Managing Partner. Right Giovanni De Tullio. Founding Partner. De Tullio Law Firm.

The path to becoming an avvocato in Italy involves several years of study and internships.

Firstly, future lawyers need to complete a Bachelor’s Degree in law, (Laurea in Scienze Giuridiche), which takes three years.

Secondly, to proceed along the path towards practising law, students require a two-year post-graduate degree (Laurea Specialistica in Giurisprudenza) or, a further five-year Master’s Degree (Laurea a ciclo unico Magistrale in Giurisprudenza).

Thirdly, after attaining the aforementioned qualifications, an avvocato needs to complete a two-year internship at an established law firm.

Finally, in order to practice law, an avvocato must pass the Italian Bar Exam. After registering with the Italian Law Society (Consiglio dell’Ordine degli Avvocati), Italian lawyers can practice Italian law wherever they choose in Italy.

What is an Italian attorney’s scope of legal practice?

The legal competencies of a qualified avvocato are wide-ranging. They comprise all areas of the law: civil, criminal, labour, bankruptcy, financial, administrative, inheritance and succession cases. In addition an avvocato handles court trials and appeals.

Is an Italian avvocato subject to a code of conduct?

A strict ethical code of conduct governs an Italian avvocato and the performance of their duties. Firstly, Italian attorneys must base their conduct on respect for integrity, dignity and decorum. Failure to comply with this ethical code of conduct leads to disciplinary proceedings.

The legal profession demands honesty and integrity. It is not permissible for an Italian attorney to start a legal action or take part in a proceeding, which may be construed as acting in bad faith.

Secondly, the Italian legal code of conduct safeguards the client. An Italian avvocato has a duty of care and loyalty towards a client. An Italian attorney behaving contrary to clients’ interests, or taking on a case that they are not competent to conduct, would be a breach of this code of conduct.

Does client confidentiality exist in the Italian legal profession?

Yes. Another fundamental duty for an Italian attorney is confidentiality. On the one hand this regards the provision of services to a client. On the other hand it pertains to any information given to a lawyer by the client, or which becomes known to the lawyer. Confidentiality remains valid for information about former clients, or where the attorney, despite knowing the details of a case, does not agree to take on a case.

The relationship between an Italian attorney and a client is fundamentally based on trust; an attorney must defend a client’s interests as well as possible within the framework of legal representation and in compliance with the law and the ethical principles of the legal code of conduct.

Finally …

At De Tullio Law Firm, we have extensive knowledge and experience of Italian and international law. For over 55 years, we have been providing expert legal services throughout Italy. Whatever your legal need in Italy, get in touch with us for a free consultation.

You may also be interested in De Tullio Law Firm: celebrating 55 years in practice.

 

Reverse Mortgage. Italian Equity Release Scheme

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Reverse mortgages provide an alternative to selling an Italian property

In December 2015 the Italian Ministry of Economic Development introduced a reverse mortgage scheme. This is a form of equity release financing.

The reverse mortgage allows home owners over the age of 60 to convert part of the value of their property into cash. The property acts as security for the loan. The owner remains the legitimate owner and retains the right to live in the property.

A reverse mortgage therefore represents an alternative to selling the property. As with any other loan, when a home owner takes a reverse mortgage, it includes a repayment plan.

Another feature of the reverse mortgage regards interests, which can be refunded either at the time the loan expires or at fixed deadlines. If a borrower chooses the refund upon expiry formula, no sum is due to the bank during the term of the loan. A refund of interest payments and any related costs occur when the borrower dies.

The amount a borrower can release as equity depends on a borrower’s age. The older the borrower, the higher the percentage of equity release. In addition, the lender takes the value of the property to secure the loan into account.

Heirs inherit reverse mortgages

Should the property owner die before repaying the loan, the decedent’s heirs inherit the debt. In terms of repayment, heirs have three options.

1. Repay the debt to the bank to clear the reverse mortgage.

2. Sell the property.

3. Allow the lender to sell the property at market value.

If the property is sold at market value, the heirs have the right to recoup any difference between the sale price and the outstanding reverse mortgage. The  lender cannot ask heirs to repay the debt, if the property fails to sell.

Finally …

If you are need help with equity release in Italy, why not talk to us? De Tullio Law We have over 55 years of experience working with clients on their Italian and cross border property, family and inheritance matters. Get in touch.

You may also like our Guide To Selling Property in Italy. You may also like to watch our info videos about Italian property law.

Italian Probate Solicitors in Italy

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The role of an Italian probate solicitor

A probate solicitor in Italy is a lawyer who specialises in Italian inheritance law.

A probate solicitor in Italy assists clients with the execution of a will and the legal procedures relating to Italian inheritance matters.

Engaging the services of a competent and knowledgeable Italian inheritance lawyer simplifies the administration of an estate.

Italian probate solicitors assist with collecting all the documentation relating to property, assets and or land. Engaging a lawyer speeds up the identification and location of the beneficiaries entitled to the estate of the deceased.

Get Your FREE Guide to Planning Your Inheritance in Italy

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An Italian solicitor specialised in Italian inheritance procedures can also help with certified translations of international documents. Appointing a local notary is also a role that a lawyer can perform. A lawyer can also liaise with the relevant tax authorities to ensure that that assets are transferred to the name of the entitled beneficiaries.

Italian inheritance law is complex. A specialist probate solicitor in Italy can support you with your estate planning

An Italian probate solicitor has a thorough understanding of the Italian inheritance procedure. A lawyer can therefore advise whether there are any claims or rights to assets and or properties according to Italian Inheritance law.

Likewise, a lawyer can conduct searches for properties, titles, deeds and records. Plus a lawyer can obtain an appraisal or a survey of a property. It may be necessary to get a valuation of the deceased’s estate in order to determine if the deceased had any outstanding debts or liabilities.

In Italy beneficiaries must formally accept or renounce an inheritance. A lawyer can provide advice regarding the procedures and the options available according to Italian law.

In addition, a lawyer will provide legal support if you need to search for a will, or challenge a will in court. Sometimes international wills conflict with Italian legislation. If you need help with registering an inherited property in the name of the heirs or assistance selling inherited properties and assets, a specialist Italian inheritance lawyer can also assist.

An Italian probate solicitor is also able to calculate estate tax.

Where the estate includes bank accounts, a solicitor can help release the deceased’s accounts ensuring the funds.

Finally …

Italian inheritance is a complex matter. In addition, if you own assets in more than one country, this can further compound the complexity. We recommend you seek independent legal advice regarding your personal situation. If we can be of assistance, please get in touch.

 

At De Tullio Law Firm, we have over 55 years of expertise managing cross border succession and estate planning matters throughout Italy. We are a full member of STEP, the world’s leading association for trust and estate practitioners.

For more information about Italian succession and inheritance, you may find our Italian Succession Guide useful. You may also be interested in watching our inheritance info videos.

Requesting an Italian Visa for Elective Residence

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What is a national visa for elective residence?

The Italian visa for elective residence grants access to Italy to non-EU nationals wishing to reside in the country. The main requirement for obtaining an ERV is that the applicants must be able to support themselves autonomously in Italy. This must be through an income unrelated to employment. Your income must be sufficient to exclude recourse to the Italian welfare system.

What paperwork is necessary in order to obtain it?

Non-EU nationals wishing to obtain the Italian Visa for Elective Residence, will have to provide documented proof of a dwelling as their residence. As well as the availability of annual financial income. Such income is set at about 31,000 euros a year and can come from the entitlement to substantial incomes, from owning real estate, from stable businesses or from any sources other than subordinate employment.

Can other families also get an Italian Visa for Elective Residence?

The cohabiting spouse, underage and adult dependent children will receive the same visa. Providing that the aforementioned income is deemed as adequate to the ends of their sustenance as well. Furthermore, the total amount of the monthly incomes will have to increase by 20%, in case the visa is requested for the spouse as well . Such increase will have to add up to at least 5% for each dependent child.

How long is the visa valid and what does the renewal procedure entail?

The visa for Elective Residence is valid for 1 year after which you can renew it at the competent police headquarters providing that the original requirements are still valid. Furthermore, you cannot renew the residency permit if you have been ouside of Italy for longer than six months, except if it was mandatory due to military duties or other significant and substantiated motivations.

Is any working activity possible with an Italian Visa for Elective Residence?

No, this type of visa does not allow carrying out any working activity in Italy. After 5 years, it is possible to request an EC permit of residency for longterm stayers. This has permanent validity and allows its holder to benefit from the same treatment as EU citizens.

Finally …

In conclusion, we understand that Italian residency matters can be confusing and difficult to navigate. If you need help concerning an Italian Visa for Elective Residence please get in touch with us. We are here to help.

For more information about the Italian visa for Elective Residence, you may like this article. You may also like to watch our info videos.

Power of Attorney and its legal implications

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You may have often heard of “power of attorney,” yet you may still not know exactly what its purpose is.

To shed some more light on the subject, here are some basic facts on PoA. Along with the legal ramifications to purchasing and/or inheriting real estate in Italy.

What is a Power of Attorney?

A Power of Attorney – “Procura” in Italian, is a legal document by means of which “principal” gives certain powers to act legally on his/her to someone else: the “agent”. A “Procura” clarifies exactly what powers the principal gives to the appointed agent.

Get Your FREE Guide to Planning Your Inheritance in Italy

Our PDF guide explains the ins and outs of preparing your inheritance under Italian law

Download now

What are the currently existing types of “Procura”?

1. In case of a “Procura Speciale” (Special Power of Attorney), the principal can give limited powers to the attorney/agent. If, for instance, you are purchasing an estate in Italy. However, you cannot be on-site on the day to sign the deed. You can bestow the power to sign such deed on your attorney/agent.

2. A General Power of Attorney (Procura Generale) entitles your agent to do almost anything you could do.

In what circumstances can you revoke a Procura?

Both Procura Special and Procura Generale terminate if the principal dies or becomes legally “incapable”. However, if necessary, you can terminate it at any time. This is done by means of the same legal document used to confer it.

What should I consider before appointing an agent/attorney?

If you are considering granting a procura, you should be extremely careful about whom you chose as an agent/attorney. You are delegating the very management of your affairs to someone else. Hence, it is extremely important that you entrust a reliable and competent person with this delicate task, preferably a professional. Conferring Power of Attorney to someone who does not have enough experience or that you might have a conflict of interest with is not advisable.

What are the legal requirements to issue a power of attorney?

A Procura is a formal document with many legal requirements.
Generally, the competent authorities carefully examine it before releasing it. The agent will need to sign the Procura in their home country in the presence of a public officer. 
The USA, UK and Australia have signed The Hague Convention of 5th October 1961. This abolished the Requirement of Legalisation for Foreign Public Documents. In any case, an Apostille Certificate or Stamp, also known as the Hague Apostille, is required as proof of authenticity. Ensure to check the pertinent procedures with the UK Foreign and Commonwealth Office, the US Department of State and the Australian Department of Foreign Affairs and Trade.

Finally…

A Power of Attorney is a very delicate matter. You are granting your rights and the handling of your affairs to someone else. Make sure to seek the help of a professional before drawing up a Procura.

Contact us today. We can help.

You may also be interested in Power of Attorney in Italy