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According to Italian Law, residency (residenza) – in addition to formal registration with City Hall (Comune) - is factual and based on two components. 

  1. The first component of the residence test is based on physical presence in Italy, which must be regular and continuous, as opposed to sporadic and occasional. If an individual spends time both in Italy and in another country, the periods of presence outside of Italy are calculated and compared with the periods of presence in Italy to see which one is prevalent.

  2. The second component of the residence test is subjective; based on an individual’s intention to stay and live in Italy for the foreseeable future. In order to determine an individual’s intention to live in Italy on a regular basis, reference is made to a number of things, including but not limited to an individual’s conduct, social and personal habits, working relationships, family relationships, business and personal activities.

 

More details and criteria according to EU regulations can be found here 

 

 

After investigations carried out by the finance police, 5 people have been arrested for corruption in the town of Lodigiano. The investigations revealed a system of bribery by public officials falsely confirming the presence of Brazilian nationals and granting residency, consequently leading to the obtainment of Italian citizenship through “ jure sanguinis”. The ring of corruption revolved around an agency in Monza, belonging to a Brazilian entrepreneur who charged Brazilians between 3,500 euro and 5,000 euro to bring the "process" forward,  while from this amount around 1250 euro ended up then in the pockets of public officials.

The scam allowed around 500 Brazilians to obtain residency and Italian citizenship in the year 2016 only, whom in reality,  were never actually based in the Lodi area.  (http://www.videonotizietv.it/cronaca/corruzione-comune-ad-ospedaletto-lodigiano)

 
Helpful facts for Residency:

According to Italian Law, in addition to the formal registration with the town hall, residency is based on two fundamental elements:

  1. The first element is physical presence in Italy, it must be regular and continuous, as opposed to sporadic and occasional. If an individual spends time both in Italy and in another country, the periods of presence outside of Italy are compared with the periods of presence in Italy in order to see which one is prevalent.
  2. The second element is subjective; based on an individual’s intention to stay and live in Italy for the foreseeable future. In order to determine an individual’s intention to live in Italy on a regular basis, reference is made to numerous aspects, including but not limited to an individual’s conduct, social and personal habits, working relationships, family relationships, business and personal activities

 

November 8, 2017The Council of State (n. 5040/2017) has ruled that also the foreign partner cohabiting more uxorio (i.e. marriage in fact) with an Italian citizen, can obtain a residence permit for family reasons. This broad interpretation of Italian Immigration law is based on the new provisions introduced by Law No. 76/2016 on civil unions - whereby cohabitation is defined as “the status of two people who have a stable relationship based on emotional bonds and on reciprocal moral and material assistance” - and on Decree 30/2007 on the right of EU and their family members to move and reside freely within the territory of the EU and EEA member states (Directive 2004/38/EC).

The Italian ministry of foreign affairs has introduced a new category of tourist visa. It is named  “Turismo - Visita famiglia/amici” (tourism – visit to family / friends) and it is reserved to family members or friends of individuals residing in Italy wishing to visit them for a maximum period of 90 days within 180 days. Therefore, if you have been invited to Italy by relatives or friend(s) living there, this is the correct visa to apply for.

Eligibility requirements are similar to the standard tourist visa (evidence of means of support during the stay, health insurance etc.) but the key factor is an invitation letter from the family member / friend in Italy, confirming the availability to host the visa applicant.

To check if you need a visa for Italy, please visit http://vistoperitalia.esteri.it/home/en

 

 Immagine


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!

 

 

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