Q: Do you need a lawyer for an ERV?
A: Some might argue that you do not need a lawyer for an Elective Residency Visa. We agree that you are not legally required to hire a lawyer to prepare and file the Elective Residency Visa. We also agree that if you do not hire a lawyer who has a long history of many successful Elective Residency Visa applications, it would likely be a waste of your money. We, finally, would agree that you do not need an experienced Italian immigration lawyer if time, predictability, efficiency, tax opportunities, estate planning, and convenience are not important to you.
For example, let’s look at a post that you might find online:
“You don’t need a law firm for an Italian Elective Residency Visa. For ER Visa there are two requirements: at least €32,000 euros (€38,000 if a couple) as passive income (funds, investments, rents, etc., not income from work) and owning a suitable property or get a registered lease contract. Everything can be asked and done at the Italian consulate in your country, where they’ll give you a list of what is needed. You will just waste money”.
Many people who have actually gone through the Elective Residency Visa process know that the information above is misleading, if not inaccurate.
Here is some more context for people who are considering the Elective Residency Visa:
- It is not accurate that there are only two requirements. There are several other requirements to be met, some of which are critical. For example, some Consulates require a notarized cover letter, proof of medical insurance, and evidence of significant financial assets in your possession at the time of the application.
- The post does not mention that the EUR 38,000 income requirement for a married couple is accepted only by some Consulates, whereas some other Consulates will require at least EUR 31,000 per applicant even when the two applicants are married to each other.
- Not all registered lease agreements are accepted by Consulates. We have assisted people who were denied the visa because the lease agreement was not consistent with their circumstances. After the denial, they came to us because their application was “perfect”, and they wanted to file an appeal. We just fixed the lease and reregistered it, they reapplied for the Elective Residency Visa and they got it. But, in the meantime, they had gone through a significant amount of stress, wasted time, incurred flight reschedule penalties and additional hotel costs to extend their stay in their home country since they had sold their home, etc.
- “Passive income (funds, investments, rentals, etc.)”: not all passive income is equal in the eyes of some Italian Consulates. Some Italian Consulates will just deny any Elective Residency Visa application based on any types of income listed in the example post above. Italian Consulates are particularly happy to see Elective Residency Visa applications based on income in the form of pension, social security, lifetime royalties, etc. If you have any type of income listed in the sample post above you would definitely need a lawyer to get advice about how to structure your finances and income in a way that is acceptable for the specific Italian Consulate.
- “Everything can be asked at the Italian Consulate”: have you actually ever tried to work with an Italian Consulate? Due to many people abusing Italian Consulates’ limited resources, unfortunately it is often difficult to get timely satisfactory feedback. Additionally, it is dangerous: you want to disclose only the required information, and you want to disclose it in the way that makes your application look strong. If you inadvertently share information that might be misinterpreted, that alone might be flagged by the Consulate and might disqualify you.
- “Everything can be done at the Italian Consulate”: have you actually ever tried to go to an Italian Consulate to “do” the Elective Residency Visa? Making multiple trips to the Italian Consulate is unsustainable for most people. What many clients told us after they applied is that, the day of the appointment at the Consulate, while they were waiting for their turn, they got very worried seeing many people before them be turned away because of something missing or wrong in their application. Even if your application is missing some photocopies or a notarization, they can turn you away and you would need to reschedule to go back to the Consulate and your departure to Italy, which might have a significant impact on your plans.
Although the practical and financial advantages of having a legal expert on your side who has worked on hundreds of similar cases are evident, they might be difficult to be recognized by those who “don’t know what they don’t know”.
If you want to save time, know your options, learn some strategies applicable to your specific circumstances, based on your needs and on your particular Consulate jurisdiction, consult our experienced immigration lawyers.
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