Italy’s Elective Residence Visa (ERV) and Financial Means: What the Court Says
Our firm recently obtained a favourable judgment from the Regional Administrative Court of Rome in proceedings challenging the refusal of an ERV.
Background information: The Italian Consulate refused to issue an Elective Residence Visa on the grounds that the applicant had failed to demonstrate sufficient, stable, and regular financial resources. In reaching its decision, however, the Consulate did not give due consideration to the substantial funds held continuously in the applicant’s Swiss bank account for more than three years, nor did it consider those funds sufficient to demonstrate the applicant’s long-term financial self-sufficiency.
The Court overturned the refusal and clarified that:
- substantial funds deposited with a bank must be taken into account when assessing whether an applicant has adequate financial resources to support an elective residence visa application; and
- Article 13 of Annex A to Ministerial Decree No. 850/2011 expressly refers to “financial resources other than income from employment” among the means that may support an application. Such resources may be considered alongside pension income, life annuities, real estate ownership and income from commercial activities.
The judgment confirms that, for the purposes of an Italian Elective Residence Visa application, the assessment of an applicant’s financial position should not be limited exclusively to recurring income. Substantial bank deposits maintained consistently over time may also constitute relevant evidence of the applicant’s ability to reside in Italy without engaging in employment.
The Court’s reasoning is also consistent with a 2024 judgment of the Council of State, Italy’s highest administrative court, which recognised the relevance of financial resources other than regular employment income in the context of elective residence visa applications.
