The Elective Residence Permit: How To Obtain It, Income And Requirements

The elective residence permit may be requested by foreign nationals who intend to settle in Italy and who can demonstrate that they have sufficient financial resources to support themselves without carrying out any work activity.

It is a solution particularly suited to foreign pensioners, non EU citizens with high incomes, investors, expats and individuals who wish to live permanently in Italy without working.

The term "elective" refers to the fact that residence is chosen in a country other than one's own, as a voluntary decision not dictated by work or family reasons, but solely by the desire to live in that country.

Legal framework and nature of the permit

The elective residence permit is governed by Article 11 of Presidential Decree no. 394/1999 (Regulation implementing the Consolidated Immigration Act) and by the Decree of the Ministry of Foreign Affairs of 12 July 2000.

It is a residence permit issued to foreign nationals who intend to settle in Italy without carrying out any work activity, relying on independent, stable and continuous financial resources.

The elective residence permit does not allow the holder to work in Italy, either as an employee or as a self employed worker.

It is important to note that the legislation does not provide for rigidly predetermined requirements and that the assessment of the application, especially at the visa issuance stage, is largely left to the discretion of the competent Italian consular authorities.

What are the requirements to obtain an elective residence permit?

The requirements to obtain an elective residence permit in Italy include:

• Having a sufficient minimum income
• Being the cohabiting spouse and or children (both minors and adult children) of the person applying for the visa, provided that they live together and are financially dependent
• Demonstrating suitable accommodation: in order to reside in Italy it is necessary to secure appropriate housing, either by purchase or by entering into a regular rental agreement
• Having health insurance: it is necessary to take out a health insurance policy valid throughout the Schengen area, with a minimum coverage of 30,000 euros
• Submitting valid documents: a valid passport and other identification documents must be provided.

A foreign national holding a residence permit for employment, self employment or family reasons may apply to convert it into an elective residence permit, provided that the necessary requirements are met.

• Not constituting a potential security risk: having no criminal record or situations that may represent a threat to public order
• Knowledge of the Italian language: it is not essential, but a certain level of Italian language knowledge may be required

As this area is subject to change (for example, the amount of the minimum income required for the applicant and or family members, or the possible requirement of Italian language knowledge), it is always necessary to remain up to date in order to ensure that the specific requirements are met at the time of application.

It should also be considered that there is no automatic entitlement to the issuance of the visa. Even where all formal requirements are met, the Consulate may assess the solidity of the applicant's economic and personal situation on a case by case basis.

By way of example, a foreign state pension combined with rental income is generally considered more stable than income deriving from freelance activities or ongoing consultancy work.

Income required for elective residence

One of the central requirements for obtaining an elective residence permit is demonstrating the availability of sufficient, stable and regular financial resources, capable of ensuring support in Italy without the need to carry out any work activity.

There is no income threshold expressly established by law.

In practice, however, many consular representations require, for a single applicant, an indicative annual income of no less than approximately 31,000 euros, deriving from lawful and documentable sources.

The amount required may:

• vary significantly from one Consulate to another
• increase in the presence of dependent family members
• also be assessed in relation to the cost of living in the chosen area of residence in Italy

Financial resources must derive from non working sources, such as for example:

• pensions
• financial income
• investment income
• rental income
• shareholdings that do not involve active work activity

Employment income, even if earned abroad or through remote working, may be assessed negatively, especially where it presupposes a continuous activity.

Inclusion of family members

The elective residence permit may also be requested for the cohabiting spouse and for dependent cohabiting children, both minors and adult children, provided that the overall financial resources are sufficient to support the entire family unit.

Unlike ordinary family reunification, the inclusion of family members takes place at the same time as the application for the elective residence visa, and not at a later stage.

Also in this case, the assessment of financial requirements is discretionary and may involve the request for higher amounts than those required for a single applicant.

Conversion from other residence permits

In theory, a foreign national already holding a residence permit for employment, self employment or family reasons may request conversion into an elective residence permit, provided that the relevant requirements are met.

In practice, however, conversion is not automatic and is assessed on a case by case basis by the competent Police Headquarters (Questura). An actual cessation of work activity is often required, together with particularly rigorous proof of independent financial resources.

Knowledge of the Italian language

Knowledge of the Italian language is not an expressly required legal condition for the issuance of an elective residence permit.

However, in certain situations, a basic knowledge of the language may be viewed positively by the authorities, especially as part of the overall assessment of the foreign national's integration into the Italian context.

Duration and renewal of the permit

The elective residence permit is valid for one year and may be renewed provided that the original requirements continue to be met.

There is a risk of non renewal of the residence permit in the event of stays abroad exceeding six consecutive months, without justified reasons.

EU long term residence permit and Italian citizenship

After five years of legal and continuous residence in Italy, the holder of an elective residence permit may apply for the EU long term residence permit, provided that additional requirements are met, including:

• adequate income
• suitable accommodation
• knowledge of the Italian language at least at A2 level

After ten years of legal residence in Italy, it is possible to apply for Italian Citizenship by naturalisation, subject to the discretionary assessment of the Administration.

Correct procedure to obtain the visa and residence permit

For foreign nationals residing abroad, the procedure necessarily involves:

• applying for the elective residence visa at the Italian Consulate or Embassy competent for the country of residence
• entry into Italy
• applying for the elective residence permit at the competent Police Headquarters within 8 days of entry

It is important to distinguish between the visa and the residence permit:
the visa allows entry into Italy, while the residence permit authorises the stay on Italian territory for a period exceeding 90 days.

The visa represents an essential step. It is not possible to obtain a residence permit directly without prior issuance of the visa, except in exceptional cases.

Advantages of elective residence in Italy

The elective residence permit offers several advantages compared to other types of residence permits:

• Long term stay: it allows a prolonged stay in Italy without the need to work
• Stability: it provides greater stability compared to temporary residence permits, as it may be renewed without limits, provided that the requirements continue to be met
• Freedom of movement: it allows travel within the Schengen area without the need for additional visas
• Investment opportunities: it may be a favourable choice for those wishing to invest in real estate or business activities in Italy
• Simplified application procedure: the application process may be simpler than that for permits based on employment or family reasons

In summary

The elective residence permit:

• Is a permit to live in Italy without working
• Is obtained by demonstrating stable and documented income
• Has requirements that vary from one Consulate to another
• Legal assistance reduces the risk of refusal

Clarification: the visa to enter Italy must be applied for from abroad.

The rules governing the issuance of the elective residence permit apply to all foreign nationals, regardless of nationality or country of origin.

As an alternative to elective residence, other options for staying in Italy may be considered, such as the Golden Visa, the entry visa for highly qualified foreign nationals, the Flat Tax regime, or entry into Italy for work as descendants of Italian citizens.

Legal support makes it possible to verify in advance the requirements applied by the competent Consulate, reducing the risk of refusal or additional documentation requests.

FAQ on elective residence in Italy

Who can apply for elective residence in Italy?

Foreign nationals with independent and sufficient income who wish to live in Italy without working.

Is it possible to work in Italy with this permit?

No. The elective residence permit does not allow the holder to work.

Is there a minimum income established by law?

No. The law does not set a single threshold.

What income is required in practice?

Generally around 31,000 euros per year for a single applicant, but this varies from one Consulate to another.

What types of income are accepted?

Pensions, annuities, investments and rental income not linked to work activity.

Is it possible to include family members?

Yes, if they are cohabiting and dependent, with adequate overall income.

Are the visa and the residence permit the same thing?

No. The visa is required to enter Italy, the residence permit to remain.

Must the elective residence visa be applied for from abroad?

Yes, always before entering Italy, except in exceptional cases.

How long does the elective residence permit last?

One year, with the possibility of renewal if the requirements remain valid.

After how long can Italian citizenship be applied for?

After ten years of legal residence in Italy.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.