⚠️ Misinformation Alert:
A number of online posts are falsely claiming that a “July 2025 court ruling” has changed or softened the income rules for Italy’s Elective Residency Visa (ERV). Let’s set the record straight.
🚫 What’s Being Claimed (Incorrectly)
Some recent blog posts and YouTube videos are stating:
- A July 2025 TAR Lazio ruling overturned the €31K-per-person rule
- The decision now allows couples to “combine” their income instead of meeting thresholds individually
- This represents a major shift in policy, making the ERV more accessible
Here’s the reality: none of that is true.
🔍 What’s Actually True
✅ No such July 2025 court ruling exists.
We searched official Italian court databases and legal records—there is no record of a decision matching that description.
✅ The €31K-per-person claim is wrong.
The actual income rules for ERV have always allowed joint assessment for couples.
✅ There’s no “new” policy.
The interpretation being described as new actually reflects existing guidelines.
📊 Real Income Thresholds for ERV Applicants
| Applicant Type | Official Minimum Passive Income |
|---|---|
| Single Applicant | €31,000–32,000/year |
| Married Couple | €38,000/year (combined) |
| Dependent Children | +20% for each child (based on base) |
Official guidance from Italian consulates and legal resources confirms:
“A minimum passive income of not less than €31,000/year, plus 20% for a spouse and 5% per child.”
Sources: Italian consulates, Mazzeschi Law, Coco Ruggeri & Associates
⚖️ Real Legal Rulings That Actually Exist
While the July 2025 ruling is fictional, here are real court decisions that have influenced ERV interpretation:
- 2023 TAR Lazio: Confirmed that private retirement funds and bank assets may count as valid resources—not just public pensions.
- 2019–2021 TAR Rulings: Clarified documentation requirements and consular discretion but did not change the income structure for couples.
🚨 What Consulates Expect in Practice (2025 Reality Check)
Professionals handling dozens (or hundreds) of ERV cases confirm:
- Most consulates expect far more than the official minimum.
- Target income for approval is often €40,000–€50,000 per couple, sometimes more.
- Applicants without a substantial buffer above the minimum face higher rejection rates.
As one ERV consultant put it:
“€38,000 may be the floor, but it’s not the comfort zone for most consulates anymore.”
❗ Why This Misinformation Matters
Believing in a phantom policy shift can lead to:
- Submitting underfunded applications that get rejected
- Planning international moves on false assumptions
- Wasting time, money, and credibility with consulates
- Missing real deadlines waiting for rules that aren’t changing
✅ What You Should Actually Do
- Ignore the July 2025 “court ruling” rumors — they’re unfounded
- Prepare for higher thresholds — aim for €45,000+ as a couple
- Get professional guidance if your income setup is complex
- Verify all info with your specific consulate — requirements vary by jurisdiction
🔑 What Counts as Acceptable Passive Income?
- Public or private pensions
- Long-term rental income
- Investment interest and dividends
- Annuities or trust distributions
Income must be:
- Stable and recurring
- Passive (non-employment)
- Fully documented with translations and apostilles
- Supported by at least 1–2 years of tax returns or bank statements
📅 The 2025 ERV Landscape: What’s Actually Changing
- Higher scrutiny across major consulates (NYC, SF, London, etc.)
- Longer processing times — often 3–6 months
- Stricter documentation reviews
- More denials based on insufficient financial proof
🧭 Bottom Line
There’s no court ruling in 2025 that changed ERV policy. Couples can apply jointly—as they always could—but you’ll need a solid income buffer, airtight paperwork, and a good understanding of consular expectations.
As always: if it sounds too good to be true in Italian immigration… it probably is.
📥 For checklists, guides, and real-world templates:
👉 Access The Vault →
Not legal advice. Just strategy from someone who’s been through the bureaucratic gauntlet.
— Colin, Exit Strategies
