The general rule requires the applicant to obtain a visa by the Italian Consulate when applying for the residence permit.
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.
For questions such as:
- What is an Italian ERV?
- How do I get an Elective Residency Visa for Italy?
- What are the requirements for the Elective Residence Visa?
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.
Are you looking for an Attorney or Immigration agent to request a visa for Italy? Contact us!
