Our Immigration Practice - Italy Visa · Elective Residency VISA The Elective Residency VISA allows...

© 2018 LEXIA Avvocati - www.lexia.it

Our Immigration Practice

Specialization matters…

© 2018 LEXIA Avvocati - www.lexia.it 2

About us

LEXIA Avvocati is an independent full service law firm with offices in Milan, Rome and Palermo, London and Skopje. Our clients include Italian and foreign listed corporations, multinationals, fund managers and individuals. Our lawyers are highly specialized and most of them have obtained post-graduate qualifications in Italy and abroad and are regular speakers at specialized conferences.

We speak English, French, Spanish, German, Hungarian, Croatian, Serbian and Macedonian.

Through a consolidated network of cooperation with outstanding foreign law firms and foreign professionals, we can assist our clients on transactions in multiple jurisdictions, whilst still maintaining the quality and flexibility of an independent law firm.

© 2018 LEXIA Avvocati - www.lexia.it 3

Practice areas

‣ Capital Markets and Financial Institutions ‣ Corporate Governance ‣ Corporate Immigration law ‣ Mergers and Acquisitions ‣ Tax ‣ Start-ups and Venture Capital ‣ Macedonia Desk. Foreign Direct

Investments in Macedonia ‣ Trusts and Asset protection ‣ Blockchain, ICO, crypto-currencies

and smart contracts ‣ Insolvency and Restructuring ‣ Litigation and Arbitration ‣ Labour ‣ Payroll


Our immigration law practice

We assist our clients in each stage of application process and with obtaining of Italian and/or Schengen area VISAs, including dealing with any legal and administrative action necessary to obtain and renew the residence permit, to obtain clearance for self-employment or employment and family reunification. Moreover, we assist clients in litigation matters in immigration law including, assisting on proceedings before the administrative courts of the VISA denial, opposition to the deportation order, protecting and obtaining Italian citizenship and any other related matters. With progressive worldwide economic globalization in mind, we are particularly focused on the protection of rights of free movement of European citizens and workers, as well as on the protection of workers and citizens of non-European countries protected by the principle of equal treatment pursuant to EU law.



In particular, we advice on the following applications:

‣ Short-term VISA

‣  Investor VISA Program

‣ Start-up VISA Program

‣  Long-term Visa for corporate immigration

‣  Italy’s Resident Non-Domiciled Program

‣ Family vISA

‣ Other Long-term VISAs

‣  Immigration litigation

‣  Italian citizenship


European Blue Card

We h a v e a s s i s t e d m a n y companies and investors that established their company in Italy, and hired foreign highly specialised workers in Italy. In fact, the EU Blue Card Visa allows skilled foreign workers to enter in Italy and apply for related Work Permit with a Na t iona l Long- te rm Visa , regardless of the annual quota mechanism. This card allows such employees to be directly employed by an Italian company or employer. The EU Blue Card holders have the same rights as an Italian citizen and can apply f o r an I t a l i an pe rmanen t residence permit after five years of continuous residence within the EU. Our clients are mainly from Iran, UAE, USA China and Japan.

Intra-Company Transfer

This type of residence permit allows the temporary transfer in Italy of non-EU nationals who are highly skilled workers or managers of companies or foreign multinational corporations, to start or assist the activities of their I t a l i a n s u b s i d i a r y, b r a n c h o r representative office. This procedure is for a foreign worker who is employed abroad, with an e m p l o y m e n t c o n t r a c t a n d a professional category corresponding to a first management level, who is to be assigned temporarily in an Italian legal entity owned by the foreign company, but who will still be paid by the latter. A special feature of this type of secondment is that the employee must be employed in the same business sector, before being transferred to Italy. Our clients are mainly from Iran, UAE, USA, China and Japan.

Start-up VISA Program This application provides that the applicant establishes an Italian c o m p a n y t h a t m e e t s t h e requirements to qualify as an innovative startup company and confirm that he has at least Euros 50 ,000 cash ava i lab le fo r investment - regardless of the fact that you actually invest that amount. The Start-up Visa program is a fast-track procedure for self-employment visa application outs ide the annual quotas m e c h a n i s m f o r f o r e i g n entrepreneurs willing to establish innovative business companies in Italy. An essential requirement for this visa is that the start-up must be considered technologically innovative by the Italia start-up Committee. We were engaged in a significant number of cases including clients from Japan, China, Malaysia, India, USA and Russia.



Investor Visa Program

The new Investors Visa allows the entry and residence in Italy, notwithstanding the entry quotas established annually by the government, to foreigners who wish to: • invest at least € 2 million in securities issued by the Italian government, to be held for at least 2 years; • invest at least € 1 million in equity instruments of a company incorporated and operating in Italy, to be held for at least 2 years; • invest at least € 500.000 into an existing Italian innovative start-up company; • make a philanthropic donation of at least € 1 million to support a public interest project, in the fields of culture, education, immigration management, scientific research, recovery of cultural and landscape assets. We have assisted many clients including Chinese multinational group Kylin Prime Group to set up an asset management company in Italy to raise funds from Chinese investors that want to obtain Italian golden VISA.


Italy’s Res Non Dom

The Italian government has recently implemented a tax package and fast-track VISA procedure to attract wealthy individuals that want to relocate to Italy. This package includes a € 100,000 flat tax on all foreign income for individuals who become Italian resident after at least a 9-year period of residence outside of Italy. The tax package is integrated by a fast-track visa procedure for investors and their relatives.



Family VISA

Th is app l i ca t ion a l lows members of a family to move together to Italy, or to join the main applicant after his entrance In particular, the a c c o m p a n y i n g f a m i l y members can ob ta in a residence permit to enter in Italy together with the main applicant. Their application can be filed as soon as the main applicant has received h i s c e r t i f i c a t e o f n o impediment (Nulla Osta) to enter in Italy. Instead, with the family reunification application, the family members can apply for Italian residence permit after the main appl icant has obtained its residence permit.

Self-employment VISA

The I ta l ian “Fluss i Decree” provides a fix number of quotas to enter in Italy as self-employer for the following categories of workers: • Entrepreneurs willing to invest at least €500.000,00 as a benefit for the Italian economy. • Freelancers who intend to exercise regulated or supervised professions, or not regulated but represented at national level by associations registered in lists held by public administrations; • H o l d e r s o f c o r p o r a t e administration and control offices, expressly provided for by the Italian law.

Elective Residency VISA

The Elective Residency VISA allows third-country nationals who c a n e c o n o m i c a l l y s u s t a i n themselves without working, to relocate in Italy. The applicant must demonstrate to have a regular personal income that derives from retirement or annuity, real estate properties, the ownership of stable commercial economic activi t ies or other economic resources different from the employment. In any of these cases, the resources must not be less of € 31.000,00 per year. This kind of visa can be issued also for family members such as cohabiting spouse, minor children and adult dependent children. However, the abovementioned f inancial resources must be considered sufficient also for them.


Avv. Maria Teresa Vanacore

LEXIA Avvocati via dell’Annunciata, 23/4

20121 Milano [email protected]

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