Golden Visa: How To Enter Italy By Investment
If you are a foreign citizen and you want to know how to enter and live legally in Italy, first you should know that under Italian Law the entry into the territory of the state is possible only if you are able to document the reasons for your entry, as well as the conditions of your stay.
To enter Italy from a foreign state that is not part of the EU, unless there are special agreements for free movement between the states, it is first necessary to have a passport, i.e., a valid identity document for expatriation as well as, of course, a visa to enter Italy.
An Italian visa is an authorization that allows foreigners to enter the country.
There are many types of visas, which can be contained in 2 groups:
- short-term visas, and
- long-term visas.
Short-term visas are applicable for stays not exceeding 3 months within a six-month period and they are issued for the following reasons: business (for those who are traveling to Italy to conduct business activities); tourist (for foreign nationals arriving in Italy for tourism and leisure purposes); study ( for foreign nationals who intend to study in Italy in recognized educational institutions); medical assistance (for foreign nationals traveling to Italy for medical treatment in a public or private clinic); mission (for foreign nationals traveling to Italy for reasons related to their public role); religious reasons (for foreign nationals who come to Italy to participate in pilgrimages or for religious reasons); sports competitions (for foreign nationals who come to Italy to participate in sports competitions).
Long-term visas are instead valid for stays longer than 90 days, and include the following categories: Employment (issued to foreign nationals who arrive in Italy on the basis of an employment contract with an Italian company); intra-company transfer (for intra-company transfers of highly skilled workers/managers or trainees); Blue Card (for local hiring of highly skilled workers or managers); Family reasons (issued to foreign nationals who need to join a close relative living in Italy on a long-term basis); elective residence (issued to foreign nationals who intend to transfer their residence to Italy); investor visa (issued to foreign nationals who intend to invest in a business in Italy); startup visa (aimed at foreign entrepreneurs who wish to open an innovative startup in Italy, strongly linked to innovation and technology); visa for internship in Italy (issued to foreign nationals moving to Italy on the basis of an intra- company training project); Mission (issued to foreign nationals traveling to Italy for reasons related to their public role); religious reasons (issued to foreign nationals who come to Italy to participate in pilgrimages or for religious reasons); re-entry visa (issued to foreign nationals who held a residence permit for Italy, but lost it for whatever reason, and request to return to the country); adoption (issued to foreign nationals adopted in Italy).
A long-stay visa only allows entry into Italy.
Following the entry into the country, it must be converted into a residence permit, as this is the only document that allows foreigners to legally reside in Italy.
In this essay we will focus on the "Investor VISA" or Golden VISA.
This new type of visa allows entry and residence in Italy, outside the mechanism of entry quotas, established annually by the government, for foreigners who wish to:
- Invest at least € 2 million in Italian government bonds, to be held for at least 2 years;
- Invest at least € 500.000,00 in equity instruments (shares) of a company incorporated and operating in Italy, to be held for at least 2 years;
- Invest at least € 250.000,00 in the capital of an Italian innovative start-up;
- Make a donation of at least € 1 million in support of a project in the public interest, in the areas of culture, education, immigration management, scientific research, and restoration of cultural and scenic heritage.
The issuance of the visa, and the related residence permit, is subject to verification of an actual investment or donation, provided that it is maintained for at least two years. The issuance and validity of the Investor Visa is also subject to verification of the legitimacy of the source of the investment.
The foreign applicant must submit the following documentation to the Commission deciding on the visa:
- Copy of a valid passport, expiring at least three months after the duration of the visa;
- Certification on the lawful origin of the funds consisting of the person's declaration in this regard, certification of no convictions and criminal convictions and pending charges in the 10 years prior to the application;
- A declaration in which the applicant undertakes to invest, within three months of entering Italy, and to maintain the investment for at least two years. The statement must also include a description of the applicant and the characteristics of the investment.
In case of a favorable decision, the Interministerial Commission will send the authorization to the relevant consulate, which will issue the Investor Visa.
The Investor Visa holder will receive an investor residence permit with a validity of two years, renewable for an additional three years, subject to verification that the investment has been maintained in Italy. In fact, the issuance of the permit is subject to verification that the investment has actually been completed within three months of entering the country. The permit can be revoked even before its expiration date if it is determined that the investment has been withdrawn before the two- year deadline (or the three-year deadline, in the case of renewal).
According to current legal provisions, after five years of legal residence in Italy, the holder of the Investor Visa can apply for a permanent residence permit (i.e. a residence permit in European countries for long-term residents).
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Maria De Rosis is a lawyer enrolled in Milan lawyers’ Order. She has been working at Interconsulting Studio Associato since 2012 and she provides advice in civil and corporate law, civil litigation, insurance litigation and trademarks’ registration.