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The government has presented the new web portal “E-@pplication” through which Schengen visa applicants can now fill out the visa application form online. The new system only affects short-stay visa applications - for up to 90 days in Schengen countries (Schengen visa).

Long term visa applications will continue to be filed using the paper application forms.

The new system ensures greater accuracy of the data entered in the application forms and reduction of typos, resulting in an overall improvement of the consular services both in terms of efficiency, cost and time optimization.

The online form is available in Italian and English at the link http://e-applicationvisa.esteri.it. The process requires the applicant to fill out the online application form, sign it and print the form containing the barcode then take it to the relevant Italian Consulate.

 

 

The Italian government has announced the publication of the Investor's Visa implementing decree (Inter-ministerial decree July 21 2017).

The decree lays down the preliminary guidelines and provides information on the procedure and documents required.

In particular, it clarifies what type of investments and donations may provide the eligibility conditions for the investors visa, determines the authorities in charge of processing the applications and describes the procedure for filing the visa and residence permit application as well as the conditions for the permit renewal.

Below is a summary of the main points of the decree:

  • The authority in charge of evaluating the applicant’s eligibility conditions is a special Committee made of various authorities among which representatives of the Ministry of Economic Development, the Ministry of Interior, the Ministry of External Affairs and representatives of Tax Authorities and Financial Police;
  • The applications will be managed through an online platform yet to be created;
  • Among the documents required, the applicant needs to submit a police clearance for each country where he/she has lived in the previous 10 years;
  • The application will follow 3 basic steps: online clearance (nulla osta) application; visa application at the Consulate in the foreign country; residence permit application in Italy;
  • Within 3 months from the date of entry, the applicant must provide documented evidence of the investment or donation. Failing to do so will result in denial of residence permit;
  • In case of disinvestment before the terms or if the holder is untraceable, the residence permit can be revoked at any time;
  • After 2 years, the residence permit can be renewed for additional 3 years, further to the approval from the committee.

 

Despite the publication of the implementing decree, the Investor’s Visa is not operative yet.

Applications will be possible only after the online platform is published and the relevant operations manual is ready.

 

Further updates will be published as soon as available

 

 

Check out Attorney Barbara Cova quoted on The Australian's article Anthony Albanese produces the citizenship goods

Quote:

Citizenship law expert Barbara Cova, who is admitted to the Milan Bar Association, confirmed a person must “legally” be a child of an Italian citizen to obtain citizenship.

Read the full article here.

 

 

The Government has introduced some new rules, which grant direct access to the visa offices (no need of booking appointments), as well as priority and dedicated emails/desks to foreign citizens who:
 

  • Move to Italy with the intention to benefit of the flat tax regime recently introduced. The latter grants a favorable tax regime on the income of foreigner who become Italian tax residents (yearly flat tax of € 100,000 regardless the amount of the foreign income, more info here: http://www1.agenziaentrate.gov.it/english/invest_italy/new_residents_regime.htm)   
  • Intend to invest, creating an innovative start-up or pursuing patronage initiatives

 
Moreover, visa officers are instructed to give priority to those applications submitted by individuals moving to Italy with the intention of bringing advantages to the Italian economy.
 
Residence permit applications, to be filed after the entry into the country, will be processed with an expedite procedure. 
 
Relevant regulation: Inter-Ministerial decree n. 1202/385bis of June 30 2017 implementing Law n. 232/2016 (Budget Law)

For further information gp@mazzeschi.it

Fast 1

Do not miss our first video on Italian Citizenship!

Descendant to Italian mother born before 1948 | ITALIAN CITIZENSHIP #01 

 

By means of Circular n.2805 dated 31 July 2017, the Ministry of Internal affairs has introduced important changes to the family clearance application process. These changes had become necessary to expedite and streamline a process that has proven to be extremely long, burdensome and inefficient, with waiting times of over 1 year.

First, the processing time for the issuance of the family clearance indicated in the law has been reduced from 180 to 90 days.

Secondly, starting from August 17th, the online system through which all immigration applications are filed will be implemented to allow the upload of the supporting documents at the time of application. It is expected that – within 0ctober 2017 – the system will be fully functional and the majority of the application process will be handled online. The originals of the documents uploaded in the system will however be required at the time of collecting the family clearance.

Last but not least, the circular indicates a uniform list of documents to which all Immigration Offices throughout Italy should refer when setting the documentary requirements.

The changes were introduced in an effort to streamline and reorganise the family reunion process, reducing processing time and setting uniform rules throughout the country.

It is to be noted though that Italian authorities are very slow in implementing new rules, therefore we do not expect significative changes in the near future.

For further information gp@mazzeschi.it

Have a look at our first video on Youtube channel!

ELECTIVE RESIDENCE VISA | VISA FOR ITALY #01

 

We have just published a Summary of Immigration steps (イミグレーション手順の概要) in Japanese language, available at http://mazzeschi.it/japanese. On the same webpage you will also find other interesting material in Japanese language.

 

Contact us for any info!

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9 June 2017 – Italian Government has reintroduced filing fees for the residence permit "permesso di soggiorno" application.

The new amounts are as follows:

 

  • Residence permit card valid from 3 months to 1 year: €40,00

 

  • Residence permit card valid from 1 to 2 years: €50,00

 

  • EC residence permit card for long-term residents and intra-company residence permit: €100,00 

 

Fixed expenses remain in place - about €76,00 (€30.46 for the electronic card; €16 Euro for application stamp and €30 EUR as mailing fee).

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Background: 
In October 2011, a joint Ministerial decree had introduced high residence permit application/renewal fees (from € 80 to 200, depending on the type and duration of the permit, in addition to the fixed expenses already in place). In 2015, the European Court of Justice had judged the tax to be a violation of EU regulations. Subsequently, The Regional Administrative Court of Lazio had declared the residence permit tax illegal and abolished the fee on applications (May 2016). In 14 September 2016, with Presidential Decree No. 03903/2016 the Council of State had decided to suspend the court order of the TAR, Lazio's Regional Administrative Court, and the fees were temporarily reintroduced, until a final decision was reached. Again, in November 2016, The Council of State confirmed the abolishment of the residence permit application/renewal fees introduced in 2011 (€ 80 to 200). Starting from today, new fees are in place, however lower than the amounts introduced in 2011 which were challenged by the European Court of Justice


   

idea 1876658 640 Visa requirements to join an innovative start up in Italy have been revised and updated. In particular, the financial amount required for eligibility has been increased (€100.000 minimum) and more stringent conditions have been introduced.

Contact us for further information 

Recently, the Mazzeschi Citizenship team successfully assisted three clients with their Italian citizenship "1948 Rule" lawsuit before the Rome Court (read here to learn more). Despite the longer processing times, the court reached a positive decision in 6 months.

We have successfully assisted applicants in several cases, contact us for further information. 

 

 

wordleDe um modo geral, a legislação relativa à cidadania italiana assenta no princípio de jure sanguinis (direito de sangue), ou seja, a criança nascida de pais italianos é também cidadã italiana.

Consequentemente, indivíduos com antepassados ​​italianos podem conseguir adquirir a cidadania dependendo de uma série de fatores, como a data e o local de nascimento dos pais, avós e até dos bisavôs.

Mas se você ou os seus antepassados ​​são filhos de mãe de origem italiana antes de 1 de janeiro de 1948 o processo pode não ser tão simples... Clicar aqui para descobrir mais

 

Generally speaking, Italian citizenship law is based upon the principle of jure sanguinis (blood right), meaning the child born of Italian parents is also an Italian citizen. As a consequence, individuals of Italian ancestors may be able to acquire citizenship depending on a number of factors, such as the date and place of birth of their parents, grandparents, and even of their great-grandparents. 

But if you or your ancestors were born to a mother of Italian origin before January 1 1948 the process may not be so straightforward...

Check out our latest slides (Italian citizenship for descendant to Italian mother born before 1948) on the topic!

 

 

ImmagineStarting from midnight today, border controls are temporarily reintroduced in Italy, in view of the upcoming G7 summit in Taormina on May 26-27. The suspension of the Schengen agreement will last until midnight of May 30

http://www.interno.gov.it/it/notizie/g7-2017-ripristinati-temporaneamente-i-controlli-frontiere-interne-dellitalia

 

citizenThe reform of the Italian citizenship law is scheduled to be discussed on further in Senate on June 15th.

If approved, bill N. 2092 will bring a twofold change to the current legislation: significant changes to the current ius soli; the introduction of a new route so called “ius culturae”.

 

 

 

Changes to the current ius soli route (birthright citizenship)

  • Foreign children born in Italy to be considered Italian by birth if at least one of their parents has acquired the permanent residence status (i.e. is in possession of a permanent EC residence permit if NON-EU or, for EU citizens, has acquired permanent right of residence);
  • Foreign children born in Italy and who have resided legally without interruption until reaching 18 years of age will now have 2 years instead of 1 to apply for citizenship   

 

The new ius culturae

  • Foreign children born in Italy or who have arrived by the age of twelve may acquire the right to citizenship after at least five years of education in Italy  
  • Foreign children arrived in Italy before the age of 18 can apply for citizenship if have resided regularly in Italy for at least 6 years and have successfully completed a cycle of education.

 

Italian citizenship is currently regulated by Law no. 91/1992. Back in October 2015, the Chamber of Deputies approved the reform bill including a moderate version of the jus soli  and jus culturae . Since then, the bill has been discussed on in the Senate but until now an agreement was not reached between the parties.

 

Do not miss Mazzeschi's team latest contribution to the National Italian American Bar Association newsletter (available here). This month's article provides an overview of healthcare rights in Italy for US Expats & Visitors. 

 

Os processos simplificados encontram-se disponíveis para pessoas que decidem aplicar-se à cidadania italiana diretamente em Itália em vez de no Consulado Italiano no seu país de residência. Para mais informações leia aqui ou entre em contato por email citizenship@mazzeschi.it

 

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A clarification on the applicability of secondment declaration obligations has been published on the Ministry of Labour website www.cliclavoro.gov.it. In the FAQ section, it has been clarified that the provisions and obligations of Legislative decree No 136/2016 DO NOT apply to the following categories of workers (check FAQ no. 10 https://www.cliclavoro.gov.it/Aziende/FAQ/Pagine/Posting-of-workers.aspx):

  1. Foreign ICT manager, specialists, trainees, as per Directive 2014/66/EU on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (Ministry of the Interior and Ministry of Lab our and Social Policies joint circular No 9/2017)
  2. Foreign researchers
  3. self-employed foreign workers
  4. Intra company assignees – managers, highly skilled - foreign workers referred to in Article 27 c.1 letter a) of Italian Immigration Law

Points 2 to 4 are yet to be confirmed by means of a memorandum to be published by the Italian National Labour Inspectorate
 

What is the change?
The obligations set forth in Decree n. 136/2016 implementing the EU Posted Workers Directive (2014/67) no longer apply to the majority of foreign workers posted to Italy. It is confirmed that the above-mentioned obligations are only applicable to:

  • Service agreement assignments i.e. workers posted to Italy to provide services in the framework of a Service agreement between the Italian entity and the entity established outside the EU - Article 27 c.1 letter (i)
  • So called “Van der Elst assignment” i.e. workers employed by an EU company posted to Italy to provide services in the framework of a Service agreement between the Italian entity and the EU entity - Article 27 c.1-bis
  • Workers of any nationality posted to Italy in the framework of the provisions of services as per the provisions set forth in the EU Posted Workers Directive (2014/67)

What’s next?
Foreign companies posting workers under points 1 to 4 above shall no longer be subject to the secondment notifications and other related obligations (document storage etc.). Secondment notifications already sent and which were not due may need to be cancelled/annulled.
We are seeking clarification from authorities on how to proceed. 

 

 

 benefit corporation

THE ITALIAN BENEFIT CORPORATION: TO PROFIT AND …. BEYOND!

Benefit corporations are for-profit companies that, in addition to maximize shareholder’s value and profits, undertake to expand their purpose to explicitly include the creation of public benefit and the commitment to carry out their activities in a responsible, sustainable and transparent way, in favour of persons, communities and environment. They are being introduced in some legal systems to meet the global trends demanding greater accountability and transparency from business and stimulate a new role that business can and should play in society [...]. 

Read the full article by Marco Mazzeschi and Giuditta De Ricco published on http://www.lawyerissue.com/ 

 

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