Balance of bank accounts and retirement funds for elective residence visa in Italy

The Regional Administrative Court of Lazio confirmed its own trend on the subject of elective residence visa.

With a judgment dated 5 July 2023, the Regional Administrative Court of Lazio accepted the appeal introduced by two English citizens against the refusal of elective residence visa, issued by the Consulate General of Italy in London.

According to the Italian Consulate, the British citizens failed to demonstrate the economic means required by the laws on elective residence visa, as they did not have a public pension and their bank accounts could not be considered as economic means coming from annuities or pensions. The Consulate General of Italy in London also excluded the applicants' private retirement funds, arguing that unlike the public pensions, they cannot be considered as a stable and regular economic means.

But the British citizens didn't accept the determination of the Italian Consulate, so they submitted an appeal through the Italian lawyer Luca Santaniello, founding member of Santaniello & Partners law firm, who gained a lot of experience in the field of appeals against the decisions of the Italian embassies and consulates.

During the trial the court clarified that the law governing the visa for elective residence does not necessarily require a passive income (such as a pension or annuity), but it refers to any economic means other than salaried work. Therefore, only the economic means generated by salaried employment cannot be used in the application for elective residence visa, while no limitation is provided for the economic means coming from other sources, such as, for example, the savings deposited in bank accounts or in the retirement funds. On the latter, the Administrative court clarified that even if they do not generate a monthly payment (unlike the public pension), the Consulate cannot ignore them, but it must consider the value and the balance of such private retirement funds.

The Lazio Regional Administrative Court also ordered the Italian Ministry of Foreign Affairs (which represents the Consulate) to pay compensation to the applicants for their legal costs.

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Please, see also:

Appeal against elective residence visa refusal in Italy

Appeal against the denial of visa for elective residence issued by the Consulate General of Italy in New York

How to appeal visa refusal in Italy

Appeal against the refusal of visa for family members of EU citizens in Italy

Appeal against visa denial of the Consulate General of Italy in New York

How to win a visa denial appeal in Italy

Appeal against business visa refusal in Italy

Lawyers in Italy for the appeal against Visa refusal

Italian lawyers for foreign nationals against Italian Embassy and Consulate

The T.A.R. of Lazio on Visa denials issued by Embassies and Consulates of Italy

Appeal against unfair Schengen Visa denials in Italy

The assistance of an Italian lawyer is required by law. The foreigner can't appeal by himself

List of countries whose citizens are subject to the visa obligation to enter in Italy

Right of access to the Schengen Information System in Italy