Episode 1 sheds light on common misconceptions about the Italian visa and citizenship application process that can ruin your dream of living and working in Italy.
Capecchi Legal often receives inquiries from people who have already made costly mistakes due to misleading information they read online.
Michele Capecchi together with his legal assistant and co-host of the show, Monica Sharp, guides you through the process of moving your life and business in Italy, helping you avoid potential pitfalls in Visa, real estate and citizenship applications.
Some highlights of the episodes:

• Tourists cannot stay in Italy longer than 90 days without a visa or permit to stay
• Tourism "visa" or status cannot be extended unless there is an objective emergency (normally heath related).
• Buying a property in Italy does not automatically grant a permit to stay
• A Visa is NOT a permit to stay. Things to know when you get a visa, and what to do when you land in Italy.
• Codice Fiscale (the Italian “social security" equivalent). It does not allow you stay in Italy. But does not determine your tax liability.

Taxes
Tax liability in Italy is based on presence in Italy, not on citizenship. That means that if you are an Italian who formally lives abroad (enrolled at AIRE) you are probably exempt from filing income taxes. On the other side a NON Italian who lives formally or “de facto” for more than 183 days in Italy, is expected to file his taxes in Italy.
So reacquiring Italian citizenship (if you maintain your residency abroad and you don’t spend more than 183 days in Italy) could not determine your tax liability in Italy.
Worldwide taxation principles and “no double taxation” principles.

Driving in Italy
and the conversion of the foreign driving license after ONE year of residency in Italy - Driving without a license in Italy can result in significant consequences, including the confiscation of the vehicle.

Final wrap up of the following episodes

_________________________________

The Italian Legal Whisperer ™️©️
Hosted by Avv. Michele Capecchi LL.M.
Email: legal@capecchilegal.com

Follow us on social media:
- Instagram: @capecchilegal
- LinkedIn: https://www.linkedin.com/company/michelecapecchi

Learn more about our law firm at www.CapecchiLegal.com

Copyright © [2023] Capecchi Legal. All rights reserved.

Disclaimer: The information provided in this podcast is for general information purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal advice specific to your circumstances.

Episode 2 - Travelling to Italy without a Visa-
How to extend your stay over the 90 days limit rule.
The new EU ETIAS registration and the risk of overstaying

If you come from a country that allows you to travel to Italy for tourism without a visa, you can stay in Italy and in European Union Schengen Space for up to 90 days every 180 days period.

During this time, it is possible to attend short study course and even buying a
property (if the reciprocity is respected). Author highlights the importance of having a
taxpayer identification number, known as a "codice fiscale".

Before planning your next trip to Italy ask yourself "Do I need a visa for my next trip to Italy?"
This is a critical question because, if enter as a tourist and therefore without a visa, you cannot change your status and request for a long-term visa, while you are already in Italy.

If your goal is to stay in Italy without a time limitation, then you need to plan it in advance and apply for a visa at the Italian consulate in your home country before coming in Italy.

Michele discusses the new European Travel Information and Authorization System (ETIAS) and which starting from November 2023 probably will be essential for entering Europe as tourists.
He also highlights the misconception that buying a property in Italy can lead to a longer stay in the country, clarifying that buying a house does not automatically allow you to request and obtain your residency card.
There is not such a visa based on “buying or owning a property”.

The podcast concludes by highlighting the consequences of overstaying in Italy and the limitations of converting a tourist visa to a work visa or setting up a company.

The podcast aims to provide accurate and practical information for those planning to move to or invest in Italy.

_________________________________

The Italian Legal Whisperer ™️©️
Hosted by Avv. Michele Capecchi LL.M.
Email: legal@capecchilegal.com

Follow us on social media:
- Instagram: @capecchilegal
- LinkedIn: https://www.linkedin.com/company/michelecapecchi

Learn more about our law firm at www.CapecchiLegal.com

Copyright © [2023] Capecchi Legal. All rights reserved.

Disclaimer: The information provided in this podcast is for general information purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal advice specific to your circumstances.

Episode 3. The STUDENT VISA – Converting the Student Visa into a Working Visa.
Visa and Permit to Stay, what is the difference.
- The Decreto Flussi and the Quota System.

In this episode, the hosts discuss the high demand for accurate information about living in Italy. Many people have questions about buying property, staying longer than 90 days, setting up a business, and what to do in case of a car accident.
For those interested in staying longer than 90 days, what type of visas should be taken into consideration? What is your ultimate goal? STUDY, work, reach a member of your family? Bring an investment? Reinvest some cash in a real estate opportunity? Come for an Internship or for a sabbatical year? For each one of these goals and projects a foreigner who wants to stay in Italy for more than 90 days continuously must apply for an appropriate visa.
And only under specific circumstances it is possible to switch from one type of visa (for instance, a student visa) into a different one (for instance work).

This episode focuses on the STUDENT VISA, to be requested, at the Italian consulate in the jurisdiction where you have your permanent domicile.
The Student Visa can be extended, under specific circumstances, to extend your study abroad program. But in this case, you must remain with the same program and school.
The Student Visa can be used to work part-time up to 20 hours a week while the student is attending the course. This is an excellent way to get to be known by Italian companies and maybe obtain the possibility to convert the student permit to stay into a work permit to stay.

In fact under certain circumstances and in specific moments of the year it is possible to conver the Student permit to Stay into a work permit to stay.
The hosts also touch on the topic of Decreto Flussi “The Quota System”, a regulation that limits the number of migrants allowed into Italy each year. They advise listeners to be aware of the specific timeframes for when the Quota is issued and how many are granted each year, because that is , in many cases, the only time to try to conver the student permit to stay into a work permit to stay.

The hosts emphasise the importance of understanding the difference between a VISA (the sticker provided by the Consulate) and the Permit to stay (the actual document provided by the immigration office, once the person arrives in Italy) and explain that within eight days of arrival, visitors who enter with a visa must apply for a permit to stay.

_________________________________

The Italian Legal Whisperer ™️©️
Hosted by Avv. Michele Capecchi LL.M.
Email: legal@capecchilegal.com

Follow us on social media:
- Instagram: @capecchilegal
- LinkedIn: https://www.linkedin.com/company/michelecapecchi

Learn more about our law firm at www.CapecchiLegal.com

Copyright © [2023] Capecchi Legal. All rights reserved.

Disclaimer: The information provided in this podcast is for general information purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal advice specific to your circumstances.

Episode 4. The Elective Residency Visa in Italy – Non working visa – Also know as Retirement Visa. Is it the "Italian Golden Visa"?
Peculiarities and misconceptions.
Tax Incentives.

In this episode, we discuss the Elective Residency Visa in Italy, a special type of visa that allows foreign nationals to stay in the country for longer than 90 days without working. We shed light on the details of this visa scheme and its application process.
Firstly, the guest explains that the elective residency visa is intended for people who wish to reside in Italy without pursuing any work activity. They also emphasise the importance of respecting this requirement and showing that you have a so-called passive income. Some examples of passive income are: pensions, social security benefits, rental income from owned properties, corporate dividends, royalties, etc.
Your documents must prove your ability to generate new "fresh" (passive) income and you must prove that these income can be reasonably expected to continue over time.
You cannot rely simply on investments.

The host further explains that the elective residency visa while include the word "residency" is not the same as obtaining the "residence" (residenza) in Italy. Residence in Italy refers to your permanent domicile, whereas an elective residency visa deals with immigration.
From a cronological and logical point of view, you first apply for the Elective Residency Visa (via the consulate) then you get the permit to stay (via the immigration office in Italy), then you can apply for and request the residenza (via the local municipality, or comune)
If you want to access the public healthcare system in Italy, you need to have a residence. Therefore, obtaining an elective residency visa does not automatically make you eligible for the public healthcare system. You need to request the registration as residente, first.

When it comes to the application process, the hosts advise being flexible and adapting to the timing of the consulate. Given the impredictability of the time that the consulate can take to review your cases, is important to buy a ticket that can change your departure time to fit the consulate's schedule.

In conclusion, the elective residency visa is a great option for those who wish to stay in Italy for an extended period, and normally without a time limitation, without working. It requires planning, showing a passive income, and flexibility during the application process.

_________________________________

The Italian Legal Whisperer ™️©️
Hosted by Avv. Michele Capecchi LL.M.
Email: legal@capecchilegal.com

Follow us on social media:
- Instagram: @capecchilegal
- LinkedIn: https://www.linkedin.com/company/michelecapecchi

Learn more about our law firm at www.CapecchiLegal.com

Copyright © [2023] Capecchi Legal. All rights reserved.

Disclaimer: The information provided in this podcast is for general information purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal advice specific to your circumstances.

Episode 5. Visas To Work in Italy: Part 1. The Self Employment Visa - The quota system. “DIGITAL NOMADS”, the Freelance Visa and the Investment Visa.
Unlocking the Secrets to Work in Italy

In this episode, we will be discussing working visas for Italy. Due to the vastness of the topic, we will be covering it over the course of two or three episodes. Our clients often ask us questions regarding how to bring their business or investment idea to Italy, or how to get hired by an Italian company. One of the biggest questions we receive is whether one can work remotely from Italy with a digital nomad visa.
However at the time of the registration of this podcast, the Digital nomad visa is not usable yet, as we still need to wait for the implementing rules that will determine the exact requirements for issuing this visa to digital nomads
However Michele wants to reassure all the listeners "remote workers" that for the past 15 years Capecchi Legal has helped hundreds of workers to bring in Italy their business using the Freelance Visa. We have excellent records and statistics of people that, with our help, obtained this visa successfully started their business in Italy in less than 3 months from the time the retained Capecchi Legal.

Depending on the type of self-employment visa, there's a list of certificates, documents, and licenses required. In the episode Michele and Monica review the four main types of self-employment visa applications that are available under the so-called “quota” procedure: freelancers; officers and administrators of an existing Italian company; entrepreneur willing to invest 500,000 euro in a project that is considered valuable for the Italian economy; Innovative startup investors

The freelance visa, thoroughly described in this episode, is the most commonly used tool. But even if this application requires the sophisticated help of a legal proxy who can help you with the collection of the documents in Italy and the submission of the application before the Italian consulate.

Each type of application has its peculiarities that are examined in the episode. But all of them are subject to the quota system, according to which every year only a limited number of visa are granted and only for a limited period, set by the government every year with the so called "DECRETO FLUSSI".
Therefore it’s not always possible to submit the application for this visa, but we need to wait for specific moments when the government opens its gates to these special applications.

One of the challenges of any visa application is finding a suitable accommodation, as the applicant is required to provide evidence of such accommodation before actually obtaining the visa. This can be particularly difficult since the applicant may not know whether the visa will be granted or not.

In conclusion, it's crucial to have a good legal advisor on your side who can help guide you through the process.Trying to go it alone can be risky, as even a small mistake can lead to a rejected application or other legal issues down the line. As the saying goes, "DIY in this field is a call for failure," much like trying to fix a sink without the help of a pl

_________________________________

The Italian Legal Whisperer ™️©️
Hosted by Avv. Michele Capecchi LL.M.
Email: legal@capecchilegal.com

Follow us on social media:
- Instagram: @capecchilegal
- LinkedIn: https://www.linkedin.com/company/michelecapecchi

Learn more about our law firm at www.CapecchiLegal.com

Copyright © [2023] Capecchi Legal. All rights reserved.

Disclaimer: The information provided in this podcast is for general information purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal advice specific to your circumstances.

Episode 6. WORK VISA PART 2 - The EMPLOYMENT VISA
CONVERTING the STUDENT VISA into a WORK Permit to stay.
The Highly Qualified professional - EU BLUE CARD
Difference between the VISA AND THE PERMIT TO STAY.

Employment Regulation. The QUOTA SYSTEM - You cannot enter in Italy "any time" but you need to wait a specific moment established annually by the government where the maximum of application accepted are set.

Can I work remotely in Italy for a US company? What Visa do I need if my US company wants to send me to work in Italy?
Temporary relocation of employees, VS. working as freelancer for the US "company".
Can an Italian company hire a foreign worker any time? what is the procedure?
In the majority of the cases most of the people that will be interested in obtaining this visa, are students who are already working "part-time" for an Italian company. In this case, when the Quota decree comes out it is possible to request the conversion of the Student Visa into a Employment visa.

OUT OF THE QUOTA HIRING PROCESS for graduates from Italian Universities.

Highly Qualified Professional - Outside of the Quota system
EU BLUE CARD

_________________________________

The Italian Legal Whisperer ™️©️
Hosted by Avv. Michele Capecchi LL.M.
Email: legal@capecchilegal.com

Follow us on social media:
- Instagram: @capecchilegal
- LinkedIn: https://www.linkedin.com/company/michelecapecchi

Learn more about our law firm at www.CapecchiLegal.com

Copyright © [2023] Capecchi Legal. All rights reserved.

Disclaimer: The information provided in this podcast is for general information purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal advice specific to your circumstances.

Episode 7. The Italian Investor Visa: is it really your Golden Visa?
Its features and possible alternatives

The Italian Investor Visa Program is a government initiative that aims to attract foreign investors to
Italy by offering them a path to permanent residency in the country. The program, which was launched in 2017, requires foreign investors to invest at least €500,000 in an Italian company or €2 million in Italian government bonds, or 1 Million in a philanthropic project or 250,000 euro on a Innovative startup program.
The program is open to investors from all over the world and provides several benefits, including a fast-track application process, access to healthcare and education services, and the ability to travel freely within the Schengen Area.

Successful applicants are granted a two-year residency permit, which can be renewed for an additional three years and can eventually lead to permanent residency.
The Italian Investor Visa Program has been well-received by foreign investors, particularly those from non-EU countries such as China, the United States, and the Middle East. It has also been credited with boosting Italy's economy and attracting much-needed foreign investment.

The investor visa is occasionally referred to as the "Golden Visa" because there is a misconception that significant investment automatically guarantees approval. However, this is not the case, as the visa application process requires a detailed and comprehensive submission that must undergo thorough scrutiny by a commission based in Rome. The documentation required includes a resume of the applicant, details of the applicant's economic background, and banking certificates that confirm
the source of the funds to prevent any potential issues related to money laundering. And the target company must be active and in good standing.
Additionally, there have been some concerns about the Italian Investor Visa program, including the high investment threshold, which may not be accessible to smaller investors or startups. Therefore, alternative solutions such as the "Elective Residency Visa" and the "Entrepreneurs Visa" (part of the self-employed visa scheme) are considered options that require smaller investments.
In certain cases, creating an Italian company combined with the highly qualified professional application could also be an interesting solution. Once again, every case is different and must be analysed with a tailor-made appraisal of your individual circumstances.
Overall, the Italian Investor Visa Program represents an interesting opportunity for foreign investors who are interested in obtaining permanent residency in Italy while also contributing to the country's economy. It also allows to skip and avoid the limitations of the quota system and allow to bring with you your immediate family.

_________________________________

The Italian Legal Whisperer ™️©️
Hosted by Avv. Michele Capecchi LL.M.
Email: legal@capecchilegal.com

Follow us on social media:
- Instagram: @capecchilegal
- LinkedIn: https://www.linkedin.com/company/michelecapecchi

Learn more about our law firm at www.CapecchiLegal.com

Copyright © [2023] Capecchi Legal. All rights reserved.

Disclaimer: The information provided in this podcast is for general information purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal advice specific to your circumstances.

Episode 8. Investing in Italian Real Estate Market in Italy – Buying a property in Italy.
Mistakes to avoid and opportunities to catch.
Residency and tax liability – Buying a property allows to obtain a permit to stay? (answer is"NO", and here it is why).

Michele Capecchi together with his legal assistant and co-host of the show, Monica Sharp, guides you through the process of investing in the real estate market in Italy.

However, the process of purchasing property in Italy can be complex and require the assistance of professionals such as notaries and lawyers.
This article will provide an overview of the Italian real estate market and the role of notaries and lawyers in the property purchasing process.

Notary's Role in the Italian Real Estate Market

In Italy, the role of a notary is different from that of a public notary in the United States. A notary in Italy is a legal professional who is authorized to witness and certify legal documents, including real estate transactions. Notaries play a crucial role in the Italian real estate market by ensuring that all the legal requirements are met and the property is transferred correctly.

The Three Steps of the Transaction Where a Lawyer's Assistance is Particularly Useful are:
Binding Offer - This is a written offer that is made to the seller and outlines the conditions of the purchase. Once the seller accepts the offer, the property is taken off the market, and the buyer can begin conducting due diligence on the property.
Preliminary Contract - This is a legally binding agreement between the buyer and seller, which outlines the terms of the purchase. The preliminary contract is usually signed in the presence of a notary, who will certify the document.
Final Deed - The final step in the transaction is the signing of the final deed that determines the actual transfer of the possession of the property

In all these steps the lawyer is your best friend and help you asking the right questions to seller and surveyor and will check that whatever you will buy will not hide unpleasant surprise in the future. Eventually he will be also your legal proxy to sign on your behalf the final agreement if you dont speak the language or if you cannot come to Italy for the final deed. He should also provide guidance on the various tax implications and regulations involved in purchasing property in Italy.

False myth and common questions reviewed in this episode:
- if I buy a property in Italy, do I become tax liable in Italy?
- Do I have to pay taxes in Italy on my world wide income?If I buy a property in Italy, can I get a
permit to stay? DO I get my residency automatically?
- Is it more convenient to buy a property before or after becoming an Italian citizen?
- Can I buy a property if I am just a tourist?
- What is my codice Fiscale and why I need it to buy a property (or to rent it)?
- Can I have access to the bank system to finance my purchase? How does the mortgage
system work in Italy? Can I get a mortgage from an It

_________________________________

The Italian Legal Whisperer ™️©️
Hosted by Avv. Michele Capecchi LL.M.
Email: legal@capecchilegal.com

Follow us on social media:
- Instagram: @capecchilegal
- LinkedIn: https://www.linkedin.com/company/michelecapecchi

Learn more about our law firm at www.CapecchiLegal.com

Copyright © [2023] Capecchi Legal. All rights reserved.

Disclaimer: The information provided in this podcast is for general information purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal advice specific to your circumstances.