Rudolpho
8/18/2022 12:08 EST
Hi. I'm going to apply for the elective visa to retire in Italy. We do own a property in Italy. I have just found this online saying you can now do it when you're in Italy. No visit to the consulate in your home country needed. Can anyone tell me if the following is correct. Thanks
Elective Residence Visa in 2022 ?
The general rule requires the applicant to obtain a visa by the Italian Consulate when applying for the permit of stay.
However, the Italian administrative court of the Marche region (2021) and the administrative court of Lombardy (2019) have ruled that the possession of an elective residence visa (ERV) is not a strict requirement for applying for the elective residence permit (permesso di soggiorno), if all other requirements are met (availability of a house in Italy, possession of a pension and constant and considerable monthly income). Therefore, according to the Court, the residence permit residenza elettiva can be issued in Italy also when the applicant has entered the country as a tourist and has not previously applied for the ERV at the Italian consulate in his/her country of residence.
Attention: this decision is not a binding precedent and local Police offices can still deny the issuance of the permit. In this case (i) the applicant can first submit observations and attach a copy of the decision; (ii) if denial is confirmed, the individual is entitled to file an appeal within 60 days.
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Ejross12
8/18/2022 12:48 EST
Interesting. We are heading to the consulate next month for the visa. My realtor in Italy told me the same thing but when we checked with our attorney in Italy they explained that is not true and we must start the visa process in our home country. If you do hear differently I would love to know. Good luck!
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ZiaShelli
8/18/2022 13:02 EST
I would advise not to try this route as at any stage you may be blocked by local authorities if you entered the country as tourists rather than as Elective Residency Visa holders . . ..
We live in California and have owned property in Assisi for almost 30 years, but only decided to move permanently last year when the forest fires here almost burned us out. We applied for the ERV via the San Francisco consulate and after submitting all the paperwork had to wait six weeks before they returned our passports with the ER Visa pasted inside. Considering how fussily bureaucratic the Italian government workers seem to be, it may be better to follow the mainstream rules, which means you should apply for your ER Visa while living outside of Italy and then show it when you enter Italy, a few days before applying for your permesso di soggiorno.
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rsetzer99
8/18/2022 13:41 EST
I think you are being lead in the wrong direction. I have not seen this, and it would be really really big news and reported widely. You need the ERV for your FIRST permesso. I would really like to see what you found. Regardless, you are very unlikely to find a local questura that will follow those guidelines
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rsetzer99
8/18/2022 14:05 EST
I did find the post on that, but only one law firm reported it. And curiously the have the non binding disclaimer. So it’s not a law, but seems to be an opinion. —— as both a tangent and an illustration, i have seen a similar legal opinion saying US social security should not be taxed. Again, non binding and taking something like that as law is asking for a boatload of trouble
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Rudolpho
8/19/2022 08:48 EST
Thanks Everyone. I agree. Consulate in home country the route to go. Anyone know if you can go to the consulate to pick your passport up when it's ready? Thanks again.
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ZiaShelli
8/19/2022 13:04 EST
If you want to make your applications almost painless and assured, I would recommend contacting Samantha or Brenda at "smartmoveitaly.com" as they provide an amazing service of walking you through all the required steps and documents and timings required for all of the Italian requirements. The founder is an American who has lived in Italy now for 30 years and works out of an office in Milano. They will review all your documents, quickly answer any questions via email or Zoom, and once you are in Italy, they can even provide a service of having a fluent bilingual Italian show up with you at all your trips to local offices (questura, etc.) to obtain your permesso di soggiorno, identity card, health system, etc. Their website is smartmoveitaly.com and their email is [email protected] . . . Their prices are quite reasonable considering all the support they can provide (e.g. they review all of your application documents prior to your submitting them).
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retmathtchr
9/2/2022 15:24 EST
Just want to add another prop for Smart Move Italy. They saved me a lot of time and have been wonderful to deal with. Answering all of my questions during a pleasant zoom call and the prices can't be beat! Worth every penny!
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