A recent divergence of court position on Elective Residence Visas- what you should know prior to arriving in Italy.
Have you chosen to obtain an Elective Residency Visa as your path to live in Italy? A recent divergence in the positions of courts on ER visas merit the attention of those preparing to pursue them.
Two new rulings by separate Italian Administrative Courts (Tribunali Amministrativi Regionali) have decided that the requirements for obtaining an Elective Residency visa (which are to either own or rent a property in Italy, along with having the economic means to live in the country without working) are sufficient unto themselves for obtaining a permesso di soggiorno, or permit of stay in Italy. Hence, if a foreigner who intends to live in Italy fulfills such requirements, they will no longer need to obtain the ER visa before they arrive.
What are the possible implications of these rulings?
These rulings however may not be fully accepted by certain Questura (the local police offices that a foreign arrivee needs to consult for obtaining a permesso di soggiorno , or permit of stay upon arrival).
Why would these offices not accept these rulings do you ask?
Because Questura offices are not legally bound to follow the decisions of such courts on a regional level, from which the Tribunali Amministrativi Regionali (or TAR) operate. Their decisions are still subject to review by the Consiglio di Stato, (Council of State), which is the highest court in Italy for administrative matters such as those of immigration.
The position of the Consiglio di Stato on such matters, does indeed require an elective residency visa by foreign arrivees prior to their stay in Italy. Hence the decision of the CdS acts as the final word by which many Questura make their decisions on approving a permesso di soggiorno. As of this writing, the TAR decisions have not been brought to the Consiglio di Stato for further consideration. If the CdS decided to accept the decisions of TAR, it would effectively oblige all Questura to change their policies. Currently, we do not know what the CdS’ position would be, or even if this matter will be brought to their attention, leaving the situation in a sort of legal grey area for the time being.
What does this mean for those who want to get an elective residence permit of stay?
Despite the encouraging rulings of the administrative courts, which may be able to save aspiring arrivees time and money in terms of obtaining the elective residency visa, we would say that it is not worth the inconvenience of arriving in Italy and then receiving a surprising denial from the local Questura, in spite of the decisions of TAR. In other words, choose to be rather safe than sorry and obtain your ER visa prior to arrival in Italy.