Elective Residence Visa Applications and Visa Denials
- dimartinolaw
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- February 13, 2025
Elective Residence Visa Applications and Visa Denials
Italy is one of the most desirable countries to live in, offering a rich culture, beautiful landscapes, world-famous cuisine, and a relaxed lifestyle. Many Americans and other expats have chosen to settle in cities like Rome, Florence, Milan, and Venice. If you dream of making Italy your permanent home, the Elective Residence Visa (ERV) may be the right option for you.
However, getting this visa is not always easy. Many applications are denied, especially when it comes to proving financial stability. In this guide, we will explain the requirements, common reasons for visa denials, and how to appeal if your application is rejected.
What Is the Elective Residence Visa and Its Requirements?
The Elective Residence Visa for Italy, is a special visa category that is designed for non-EU nationals who wish to move to Italy and want to elect Italy as their official country of permanent residence. The applicant for the Elective Residence Visa must demonstrate to possess the following requirements:
- Proof of financial means: the applicant must demonstrate a stable income such as a pension, rental income, capital interest, business dividends and/or “ample financial resources” from savings, stock or securities accounts, retirement/pension funds, real estate. The minimum passive income the applicant shall be able to demonstrate should be equal to $36,000 per applicant per year;
- Proof of housing: the applicant must have secured a place where to live by renting or buying a property in Italy. This proof must be provided at time of application;
- Medical insurance: the applicant must purchase health insurance coverage valid in the Italian territory. For medical expenses, hospitalization, emergency services and transportation of mortal remains;
- Motivational letter: the applicant must prepare and submit a letter addressed to the Italian Consulate explaining the reasons behind the decision. To elect Italy as the applicant’s country of future residence.
Why Are Elective Residence Visas Denied?
The most common reason for visa denials is not meeting the financial proof requirement. Italian consulates often favor applicants with pensions or rental income over those who rely on large savings or stock investments.
For example:
- In 2022, the Italian Consulate in London denied a visa to an English couple despite them having $360,000 in pension funds and $310,000 in savings and owning property in Puglia.
- The Italian Consulate in New York denied multiple applications from an American woman, even though she had substantial financial resources and owned a house in Italy.
Both cases were later overturned by Italy’s Administrative Tribunal, and the applicants successfully received their visas.
How to Appeal a Visa Denial
If your visa is denied, you have two options:
- Request an Administrative Review: If the consulate has not officially closed your application. You can submit additional financial documents and ask for a review.
- File an Appeal in Italy: If your application is officially rejected (provvedimento di rigetto), your only option is to file an appeal with the Administrative Tribunal in Rome. The tribunal has ruled that consulates must consider applicants. Who have large savings and stable investments, not just pension or rental income.
All You Need to Know About The Elective Residence Visa
Italy’s Elective Residence Visa is a fantastic way to enjoy a peaceful life in one of the world’s most beautiful countries. However, the application process can be challenging, and many applicants face unfair denials. If you need expert legal help, the Di Martino Law Group is here to assist you with your application or appeal.
FAQs
1. Can I work in Italy with an Elective Residence Visa?
No, the Elective Residence Visa does not allow you to work in Italy. If you plan to work, you need to apply for a different visa type. Such as a work visa or self-employment visa.
2. How long is the Elective Residence Visa valid?
The visa is valid for one year and can be renewed if you still meet the financial and housing requirements.
3. Can my family join me in Italy on this visa?
Yes, spouses and dependent children can apply as family members under your visa. But you must show additional financial proof to support them.