Elective residence visa and proper evaluation of financial means: the Lazio Regional Administrative Court overturns the denial

With judgment no. 19676 of 6 November 2025, the Regional Administrative Court for Lazio once again examined the issue of the elective residence visa, providing clarification on key aspects relating to the proper evaluation of the financial resources required from foreign nationals who wish to reside in Italy without engaging in employment.

This ruling is particularly significant as it addresses a widespread administrative practice among Italian consulates, namely the improper application of income criteria in cases involving multiple members of the same family. The Court emphasized that the relevant legislation must be interpreted in a coherent and reasonable manner, avoiding rigid or automatic approaches that may result in unlawful refusals.

Background of the case

The matter concerned a family of Turkish nationals who had applied for an elective residence visa at the Italian Consulate General in Istanbul. Their application was rejected on the grounds that they allegedly lacked sufficient financial means to support themselves in Italy.

In their appeal before the Regional Administrative Court, the applicants demonstrated that they owned a property in the Municipality of Mantua and had access to various stable and duly documented sources of income. These included pensions amounting to approximately €26,800 per year for the husband and €21,600 per year for the wife, interest income of around €12,600 annually, rental income from a property in Istanbul of approximately €16,500 per year, as well as available liquid assets in bank accounts. Despite this, the consulate deemed that the financial requirement had not been met.

The applicants challenged the decision, arguing that the consulate had incorrectly assessed their economic resources and had misapplied the legal criteria governing the issuance of the elective residence visa.

Nature of the elective residence visa

The elective residence visa is a long-stay visa under Italian law intended for foreign nationals who wish to reside permanently in Italy without undertaking any work activity. It is regulated by the Consolidated Immigration Act, its implementing provisions, and interministerial decree no. 850 of 2011, which outlines visa categories.

To obtain this visa, applicants must demonstrate their intention to reside permanently in Italy, the availability of suitable accommodation, and, most importantly, the existence of stable, regular, and independent financial resources. Such resources must derive from non-employment sources, such as pensions, annuities, real estate ownership, or other forms of passive income.

The legal framework also establishes a minimum income threshold, generally corresponding to at least three times the minimum subsistence level provided for by applicable legislation.

This visa is typically requested by retirees, individuals with significant real estate assets, or persons with sufficient financial income to sustain themselves without employment in Italy.

The Court’s reasoning

The Regional Administrative Court for Lazio reconstructed the applicable legal framework and clarified the correct method for assessing the financial requirements. According to the Court, the legislation establishes a base income threshold for the principal applicant, with a more limited incremental increase for each additional family member.

In the case at hand, however, the consulate had applied the same income requirement to all applicants, effectively imposing the full threshold on each member of the household. The Court found this approach to be incorrect, noting that the legal provisions clearly distinguish between the main applicant and accompanying family members.

Specifically, the required income should be calculated by starting with the base amount for the principal applicant and adding a reduced quota for each additional family member. By applying identical thresholds to all applicants, the administration adopted a more restrictive criterion than that provided for by law.

On this basis, the Court concluded that the refusal was unlawful due to both a violation of the relevant legal provisions and an improper assessment of the applicants’ financial situation.

Decision

The Court upheld the appeal and annulled the refusal issued by the Italian Consulate in Istanbul, also ordering the administration to cover the legal costs.

This decision reinforces a key principle in the field of elective residence visas: consular authorities must evaluate applications on a case-by-case basis, in full compliance with the law, and must avoid overly rigid interpretations that could unjustifiably restrict access to this type of residence permit.