The Italian Legal Whisperer

De: Michele Capecchi
  • Resumen

  • Welcome to the "Italian Legal Whisperer Podcast," hosted by Attorney Michele Capecchi. Through engaging and insightful conversations with his permanent co-host and legal coordinator, Monica Sharp, Michele will provide expert guidance and support to those navigating the legal complexities of moving to Italy.


    These chats will cover a range of topics, from obtaining the right visa to move to Italy, to reacquiring Italian citizenship, to buying a house and obtaining a mortgage. Michele and his legal team will also address common misconceptions and pitfalls related to each of these matters.


    Whether you're a seasoned traveler or just starting your journey, this podcast is a valuable resource for anyone looking for comprehensive and clear information on how to make their Italian Dream come true.

    © 2024 The Italian Legal Whisperer
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Episodios
  • Ep.1 - Things to know before moving to Italy
    May 3 2023

    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.

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    20 m
  • Ep.2 -Tourist Visa and travelling to Italy without a Visa
    May 3 2023

    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.

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    20 m
  • Ep.3 -Student Visa and Converting Student Visa
    May 3 2023

    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.

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    26 m

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