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A Game-Changer for Families Applying for Italy’s Elective Residency Visa (ERV)

Major Legal Update: A Game-Changer for Families Applying for Italy’s Elective Residency Visa (ERV)

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We connect you with vetted, verified services in legal, financial, and real estate sectors—and provide community support through our Facebook groups and free in-person events.

 

We have important news: a landmark decision from an Italian court is poised to transform how families apply for one of Italy’s most challenging visas—the Elective Residency Visa (ERV).

The Problem (Until Now)

For years, families—especially from the U.S. and U.K.—have struggled with an unreasonable requirement: consulates insisted that each adult in the household independently meet the €31,000 annual income threshold, even if all funds came from a shared account.

This meant couples had to prove a combined income of at least €62,000, regardless of how finances were structured.

The Breakthrough Ruling

In late June, the Tribunale Amministrativo Regionale del Lazio (Regional Administrative Court of Lazio) ruled against this interpretation. The case was brought by a British couple who were denied their ERV in 2022. Although they had a shared passive income of over €53,000, their application was rejected because neither partner individually met the €31,000 threshold.

The court’s decision now confirms: that’s not how the law should be applied.

What the Court Actually Said

The court made two important clarifications:

  1. Income Thresholds Apply to the Household—not Individuals
    The law does not require each family member to meet the full income requirement separately. Instead, it states that financial resources must be adequate for the entire household.

    Specifically:

    • The main applicant must show at least €30,540 per year.

    • Each additional family member must add €18,660 to the total.

    ✅ This means a couple without children would only need a combined income of just over €49,000, not €62,000.

  2. Children Are Not Expected to Prove Income
    The judge also criticized the absurdity of expecting children to demonstrate personal income. The previous policy implied that even minors needed to meet a €30,000+ income standard, which is clearly unreasonable.

See also  UK pension savers are being dragged into a 55% pension tax trap.

What This Means for You

  • If your application was previously denied because shared income wasn’t accepted:
    You now have strong legal grounds to reapply or appeal.

  • If you’re just beginning the process:
    Consulates can no longer legally require every adult applicant to individually meet the €31,000 threshold. That interpretation is no longer enforceable.

One Caveat

The court did not clarify whether an application is valid if only one spouse has an income and the other has none. That question remains unresolved. However, if both spouses contribute to a combined household income that meets the new thresholds, you’re in a much stronger position.

Final Thoughts

This ruling isn’t just about financial paperwork—it reflects a broader recognition of families and shared economic realities in Italian immigration policy. While bureaucracy often takes time to catch up, this decision is a major step forward.

If you were denied in the past for applying as a couple or combining income, now may be the right time to try again.

Need Help with Your Application?

Visit AnyExpat.com
We’re here to help you navigate the ERV process with trusted legal, financial and real estate support and assistance.

Contact AnyExpat Here

About the Author(anyexpat)

Quick Intro, I am Kenny and I am from sunny Scotland. I have experienced the Expat specific challenges of all aspects of moving and living in several countries over the years. Having previously built large online networks I created a single Facebook Group called "Expats In Italy" as this is what I was at that time. This single group has grown to many, with the groups focus being to help people save Time, Money, Effort and Stress in their relocation journey. My focus and that of AnyExpat is on Legal, Financial and Real Estate services, rather than offer advice myself (I do not) instead I have curated a highly qualified, English Speaking network of professionals who are standing by to assist you.

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