The Italian Elective Visa (General Information)
An Elective Residence Visa (ERV) allows non-EU citizens to reside in Italy.
ERV applications must be submitted to the Italian embassy or consulate in the applicant’s home country. For example, U.S. citizens can apply to the Italian consulate in New York, Miami, San Francisco, or Canadians may apply to the Italian consulates in Toronto or Montreal.
The main requirement when applying for an ERV is that the applicants intending to settle in Italy must be able to support themselves autonomously, by means of incomes not related to employment, and, therefore, without any kind of burden on the Italian welfare.
Applicants for an ERV must be able to provide adequate and documented guarantees regarding:
According to Italian law, the application for an ERV should meet two essential elements:
- Availability of a dwelling; i.e., Ownership or tenancy of a property in Italy, which they have elected will be their residence.
- Financial flow corresponding to approximately Euro 31,000 per year, i.e., an ample and autonomous financial resources, which can reasonably be expected to continue in to the future for the stay period.
Whilst verifying the availability of a dwelling is fairly straightforward, the assessment regarding the adequate financial flow implies a so-called discretionary evaluation by the consulate, which cannot be arbitrary. In other words, it must be possible for the applicant to understand the logic behind the decision-making process of the relevant authority involved in granting or refusing an ERV.
The law sets out various principles which the consulate should take in to consideration when deciding whether or not to grant an ERV.
In particular, the available financial resources should be “ample”, “autonomous” and “stable”, thus the applicant should be able to sustain himself/herself without working in Italy.
The above means that financial resources should be fully accessible to the applicant and should not be subject to unexpected, sudden fluctuations. The consulate must be able to make a reasonable assumption that an applicant’s financial resources will also exist in the future.
The applicant’s financial resources should originate from pensions, life annuities, ownership of real estate, ownership of stable economic-commercial activities or other sources of income other than an income generated from employment.
In absence of valid and concrete reasons, should the requirements above be met, the consulate cannot refuse to grant an ERV
Do you think your ERV was wrongly rejected or need help with the application? Contact us for a FREE consultation…
The evaluation of the elements for an ERV application by the consulate is discretionary. However, an evaluation cannot be arbitrary.
In simple terms it must be possible for the applicant to understand the logic behind the decision-making process of the relevant authority involved in granting or refusing an ERV.
Should you need further information concerning an elective residence visa or a court claim against a consulate’s denial for an ERV, please feel free to contact De Tullio Law Firm at the following email address email@example.com.