The permit for elective residence can be issued in two distinct hypotheses:
- to the foreigner holding a visa for elective residence (Interministerial Decree of 11 May 2011);
- to the foreigner who was the holder of a residence permit for subordinate work or autonomous work or for family reasons, by converting the residence permit (art.14, paragraph 1, lett. d of Reg.Att. 394/1999).
This hypothesis refers to the worker who ceases employment and enjoys in Italy an old-age or seniority pension or a disability pension from work, or to the family member who receives a survivor’s pension, or to anyone receiving a disability pension or a social pension. The permit authorizes the stay in Italy of the foreigner who is able to support themselves independently, without engaging in any work activity in Italy. - the residence permit for family members of EU citizens is also considered elective residence (Circular of the Ministry of the Interior of 18/07/2007);
- foreign employees, religious or lay, who carry out their work under the authority of entities and organizations of the Vatican (Circular of the Ministry of the Interior of 24/05/2005).
The characteristic of Elective Residence is to have a lawful income not from work activity.
In the case of a foreigner entering the territory of the State with a visa for elective residence, in addition to the requirements provided for in general for entry into the National Territory, proof of possession of a home to be elected as residence and adequate autonomous economic resources, which can reasonably be assumed to continue in the future, is required.
The visa for Elective Residence requires the person to have the intention to invest in Italy, including by purchasing real estate. The Italian Embassy will evaluate the situation for issuing the Visa; it is advisable to apply to the Visa Office of the Italian Embassy to acquire the necessary requirements for obtaining the visa.
For the request of the Visa for Elective Residence:
1. visa application form;
2. recent passport-size photograph;
3. valid travel document with an expiry date at least three months after the requested visa;
4. documented and detailed guarantees regarding ample and steady economic resources, deriving from incomes (pensions or annuities), real estate ownership, stable economic-commercial activities, or other sources of availability in Italy of suitable accommodation.
“These resources, in any case, must not be less than three times the annual amount provided for in the table A attached to the directive of the Minister of the Interior of 1 March 2000” i.e. the minimum subsistence amount according to ISTAT data;
5. health insurance with a minimum coverage of € 30,000 for emergency hospitalization expenses and repatriation expenses.
The same permit can be issued to the cohabiting spouse, minor children, adult cohabiting and dependent children, and cohabiting parents dependent on the visa holder, provided that the financial capabilities are adequate.
To obtain this type of residence permit, the prior issuance of a visa for “elective residence” reason is required, which authorizes entry into Italy for the purpose of staying for a period exceeding ninety days without engaging in any work activity in the State.
From another residence permit
In the case of a conversion from another residence permit, possession of a residence permit for subordinate work or autonomous work or for family reasons is required, and it is issued by converting the residence permit, provided that the foreigner receives a pension in Italy (the type of pension is not relevant, nor whether the pension payer is an Italian or foreign entity or an international organization, but what matters is that it is a pension, i.e. a continuous economic benefit and that it is actually received by the interested party in Italy).
Some ministerial circulars provide for the issuance of the residence permit for elective residence in cases not otherwise regulated by law.
In the absence of different provisions, it is to be considered that the issuance of the residence permit in these cases occurs under the same conditions.
For the issuance of the visa for elective residence, the assessment of the adequacy of the economic means for one’s own maintenance and that of family members is discretionary and is the responsibility of the Italian consular representations abroad at the time of visa issuance, as well as the Police Headquarters of the place of residence in Italy since neither the law nor the regulations refer to specific parameters.
Instead, the residence permit for elective residence must be issued when the foreigner presents adequate documentation concerning the pension received in Italy and if he/she was the holder of a residence permit for subordinate or autonomous work for family reasons, which in this case is converted.
There is no minimum amount of pension received provided, but in any case, the Police Chief could not deny the issuance of the permit when the foreigner also documents the availability of means for eventual return to the country of origin and possibly the availability of other sufficient means of subsistence, relative to the number of dependents.
In addition to the option to stay throughout the national territory and to return for a period corresponding to the duration of the residence permit, holders of the residence permit for elective residence can register with the National Health Service for health care coverage. It constitutes a voluntary registration with the N.H.S. with the payment of an annual contribution, excluding contributory pensioners. It is intended to fulfill the obligation to insure oneself and family members against the risk of illness, accident, and maternity in the national territory, and it is an alternative to insurance with other Italian or foreign institutes. For voluntary registration with the N.H.S., which also applies to dependent family members, an annual contribution must be paid, determined by decree of the Ministry of Health, as a percentage of the income earned in the previous year in Italy and abroad.
Therefore, the holder of the Elective Residence Permit is not obligated to be enrolled in the National Health Service; they can make a voluntary registration with an annual cost. However, in the case of an Elective Residence with Italian contributory pension ownership, health enrollment is mandatory and therefore free.
The law does not provide for the holder of this type of residence permit to be allowed to engage in work activities in Italy, while legislative indications exclude it. The law also does not provide for any conversion of this permit into another type of permit.
However, the holder of a residence permit for elective residence may obtain the issuance of the EC residence permit for long-term residents if all other conditions provided for in art. 9 T.U. are met.
It is important to remember that:
- The residence permit for elective residence issued to the foreigner holding a visa for elective residence has the duration indicated by the visa, usually one year.
- The residence permit for elective residence issued to those who receive a pension in Italy should be commensurate with the needs, usually one or two years.
The permit is renewable as long as the aforementioned conditions for its issuance persist, according to general principles, by applying at least thirty days before its expiration. It is renewed for a duration not exceeding that established with the initial issuance.
The revocation may take place if the requirements for the issuance of the residence permit are no longer met, with reference to the general requirements for entry and stay in the N.T., and in particular to the possession of a home to be elected as residence and adequate autonomous economic resources, under article 5, paragraph 6 of the T.U. or in case of revocation or annulment or cessation of receipt in Italy of the pension. An appeal against the decision of the Police Headquarters is appealable to the Regional Administrative Court to be lodged within sixty days (art. 21 of Law 6 December 1974, No. 1034), or to the Prefect with hierarchical administrative appeal pursuant to d.P.R. 24 November 1971, No. 1199.
Family members of European citizens
Family members of the European citizen: “the spouse, the direct descendant or that of the spouse (under 21 years of age or dependent) and the direct ascendant, dependent, of oneself or of the spouse, regardless of the degree of relationship” … “may request the issuance of the residence permit for elective residence, pursuant to article 5 of legislative decree 25 July 1998, No. 286. To this end, their entry will be subject to the issuance of the visa for elective residence“.
Employees of Vatican entities and organizations
The Ministry of the Interior also provides for the issuance of the residence permit for elective residence to “foreign employees, religious or lay, who carry out their work under the authority of entities and organizations of the Vatican” (Ministry of the Interior, Department of Public Security – Central Directorate of Immigration and Border Police, urgent telex of May 24, 2005, prot. n. 400/C/2005/IV/607/P/5.2, last part). In such cases, the Ministry excludes the issuance of a residence card (now EC residence permit for long-term residents) as sustenance resources would come from abroad and would not therefore be received or declared in Italy.