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VISA FOR INVESTORS IN ITALY: THE CASE OF RESIDENCE BY INVESTMENT

Since January 2017, the Italian immigration law has made new visas available for those foreign investors who wish to enter Italy to make investments for the ultimate benefit of the Italian national economy.


Particular attention is given to funding that leads to the creation of new jobs and investments related to start-ups, higher education, scientific research as well as patronage activities.

In addition, there are also important tax and financial benefits for foreigners who transfer their tax residence to Italy by means of these so-called “Golden Visas” or “Visas for Investors”.

In 2020, the “Decreto Rilancio” was also published, which even introduced a reduction in the capital required to obtain an Investor Visa in the specific case of investments made in Italian companies and innovative start-ups.
In fact, the amounts are now respectively €500,000 (instead of €1 million, as originally planned) and €250,000 (instead of €500,000).

But who can obtain an investor visa in Italy?

To obtain an investor visa, the applicant must (alternatively):

  • Purchase at least €2 million in Italian government bonds (the funds, however, must be held for a period of at least 2 years);
  • Invest at least €500,000 in stocks owned by a company with its registered office and operational headquarters in Italy (reduced to 250,000 if it is a start-up)
  • Donate at least €1 million in philanthropic funds to support projects of public interest in the field of culture, education, immigration, scientific research or the restoration of cultural and landscape heritage.

The applicant must first obtain special approval by submitting an online application through a dedicated platform.
After approval, the latter must then submit the visa application at the Italian Consulate in his place of residence.
The visa, which is valid for 2 years, is issued through an accelerated procedure; the applicant must therefore enter Italy before the expiry date of the visa and must provide documented proof of the investment within 3 months from the date of entry.
The holder of an investor visa thus receives a residence permit valid for two years, renewable for a further three years.

The assistance of Italian Lawyers who are experts in migration law and visa matters is necessary in a sector that is constantly being updated in terms of regulations, and is certainly crucial in order to ensure the punctual compliance with the requirements imposed by State law, thus avoiding any unpleasantness.

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INTERNATIONAL SUCCESSION WITH ASSETS IN ITALY AND ABROAD: HOW TO DO IT?

Successions with elements of internationality, which occur, for example, when the nationality of the deceased is different from that of the place where the deceased’s assets are located, are governed in Italy by Law no. 218 of 1995, which provides for the instrument of reference to foreign laws and/or rules.

The Italian Supreme Court, in its judgment no. 2867 of 2021, has affirmed the possibility of the opening of two different successions and the formation therefore of two distinct hereditary masses, each of which will be governed by different laws that will determine the validity and effectiveness of the title of succession, identify the heirs, establish the relative shares of legitimacy, the manner of acceptance of the estate, and so on.

The case before the Supreme Court concerned the succession of an English citizen who had died in Italy after having married an Italian citizen.Law no. 218 of 1995 identifies the lex succession is in the national law of the deceased: in the present case, therefore, the law governing the succession would be the English law.The latter, however, while providing for the regulation of movable properties, also makes a reference to the lex rei sitae, i.e. the law of the State in which the property is located, as regards the regulation of immovable properties, with the result that Italian law would apply in respect of such properties.

Basically, in the case at issue there is a split between the immovable property and the movable property of the deceased: the law governing the succession inherent in immovable properties will be the Italian law, i.e. the law of the State where such properties are located, while the law governing the succession inherent in movable properties will be the English law, i.e. the national law of the deceased, thus giving rise to a sort of“double succession”.

In this way, the Supreme Court clarifies an important point of law that is bound to be applied in a very frequent number of cases.

The assistance of Italian Lawyers experienced in probate and succession matters, both in Italy and abroad, therefore proves to be essential in order for the beneficiaries of inheritance transfers with international profiles to obtain the best possible protection granted to them by the legal systems involved in such cases.

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1 EURO HOUSES IN ITALY: GUIDE TO BUYING

It’s all true, in Italy you can see houses for 1 euro, the price of a coffee!The new 1 euro houses for sale in Italy are set in natural settings and enchanting historic villages: these include the beautiful village in Basilicata region called Ripacandida. The project to sell houses for 1 euro, supported by many municipal administrations, is based on the idea of enhancing natural landscapes and historic centres, thus restarting the real estate market (and all related working activities) in wonderful but sparsely populated urban realities.In its very essence, it is a question of revitalising ancient villages with a great historical past thus preventing their depopulation.

Villages and historic centres have houses and streets that were the backdrop to crucial historical events of the Kingdom first and the Italian Republic later, but which few people now accept to experience and value, thus running the risk of losing their charm.Enhancing the value of these centres is therefore the goal of many Italian municipalities, which have just decided to take a courageous and resounding step with far-reaching economic implications: putting some houses up for sale at the symbolic price of 1 euro.

This is how this project, supported by many municipalities, has made it possible to realise the dream of many people, particularly foreigners, to live their lives in Italy, in centuries-old historical settings immersed in the quiet of the peninsula’s most beautiful natural landscapes that have remained unchanged over time.Whether it is a choice of life or a simple investment, however, assistance from Italian Lawyers is essential to ensure the success of the operation: knowledge of regulatory references and bureaucratic steps remain indeed a fundamental element in order to translate this dream of many into reality.

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ITALIAN CITIZENSHIP BY DESCENT AND DELAYS BY THE CONSULATE: NEW OPPORTUNITY FOR APPLICANTS

Good news has just arrived for those who intend to apply for the recognition of Italian citizenship jure sanguinis and live in those countries, such as Argentina, Brazil or theUnited States of America, where the number of applications forwarded is very high and the processing times are really long.

In fact, the Court of Rome, in its ruling of 10 December 2020, addressed the issue of the unreasonable waiting times of some Consulates and upheld the appeal filed by some Brazilian citizens for the judicial recognition of their Italian citizenship by descent.

Italian jurisprudence thus offers an important alternative for all those who reside abroad, particularly in those countries where the competent Italian Consulates face serious time delays in finalising citizenship applications. For all these people, it will therefore be possible to resort to the courts as an alternative to obtain recognition of their Italian citizenship, initiating what is known indeed as judicial recognition, with an estimated time frame of about 1.5 years up to its conclusion.

The Consulates, pursuant to art. 3 of Presidential Decree no. 362 of 1994, have a maximum of two years to complete the procedure; the Court of Rome, confirming a previous jurisprudential orientation, considered that unreasonable response times (sometimes even more than 10 years) incurred by many Italian Consulates therefore as leading to an obvious denial of justice, recognising for this reason the possibility (and necessity) for the interested parties to appeal to the judicial authorities to obtain the recognition of their citizenship through the representation of a qualified Lawyer within the Italian legal system.

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