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Italian citizenship – the “Minor Issue”

Posted by on Nov 2, 2024 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES

New Circular by the Ministero dell’Interno regarding the ‘minor issue’ in Italian citizenship applications on the grounds of ius sanguinis. On 3 October 2024, the Ministero dell’Interno issued new guidelines to the courts, the Italian Consulates  and the Comune in relation to applications for Italian citizenship by descent (ius sanguinis) and the...

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Round-up of recent ECHR caselaw – ITALY

Posted by on Oct 31, 2024 in LEGAL UPDATES

This post contains a round-up of caselaw of the European Court of Human Rights (ECHR) relating to complaints brought against Italy.   CASE OF FARINA AND OTHERS VS. ITALY Judgement: May 16th, 2024 Article 6 – Right to a fair trial The case originated from various applications against Italy complaining of the excessive length of civil proceedings and of...

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Referendum on Italian citizenship

Posted by on Sep 29, 2024 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES

The Italian government is proposing to hold a Referendum to ask whether the law should be changed to reduce the period of 10 years continous and lawful residence, which is necessary for a non-EU national to be able to apply to become an Italian citizen. The current period of 10 years continuous and lawful residence was fixed in 1992 (Art. 9 (1) (f) Legge 5...

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The Italian Notarial profession

Posted by on Sep 28, 2024 in LEGAL UPDATES

The role of the Italian Notary (“Notaio”) derives from the tradition of Roman-Latin culture in which the Notary would draw up legal documents and deeds for the Roman Emperor. The Notary can also be found in most other countries which are based on the civil law system (as opposed to the system of “common law” system of England and...

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Decreto Salva Casa

Posted by on Jul 24, 2024 in LEGAL UPDATES

The Italian government on 19th July approved the Decreto Salva casa. The draft text of the new law is  designed to legalise “abusive” property (“disposizioni urgenti in materia di semplificazione edilizia e urbanistica“) which will go before the Senate on 28th July. The new regulations will enable Italian home owners to regularize...

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Confirmation of permanent residence for British citizens

Posted by on Jun 21, 2024 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES

The Ministero dell’Interno has issued guidance to the Comune in relation to British citizens, resident in Italy since before 31.12.2020, the end of the Brexit transition period. This Circolare confirms that British citizens are still entitled to obtain a certificate of permanent residence from the Anagrafe  (“attestazione di soggiorno...

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REDUCTION OF IMU FOR UNOCCUPIED PROPERTY

Posted by on Jun 7, 2024 in LEGAL UPDATES

IMU tax payable on Italian property can be reduced by 50% where the property is unoccupied having been declared “inagibile” or “inabitabile”. The reduction is applicable only for those months in a given year when those condtions applied. However an owner who wishes to pay the reduced tax must first have ensured that the conditions...

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New visa for smart-working in Italy

Posted by on May 5, 2024 in LEGAL UPDATES

With the publication of guidelines for Italy’s Digital Nomad Visa in April, 2024, the country opens its doors wider to a new wave of residents: highly skilled remote workers from outside the European Union. The visa was first introduced by legislation in 2022, see link to our article here: NEW VISA FOR REMOTE WORKING AND DIGITAL NOMADS The visa is...

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New rules for declaring short-term rentals

Posted by on May 5, 2024 in LEGAL UPDATES

All property owners who rent out their Italian property for stays of up to 30 days (even if only once a year) will need to be registered by 1st September 2024 on a centralised national database, which will include all other tourist structures like hotels and agriturismi. In order to register the property owner will need to apply from the portal of the...

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Recognition of a Lasting Power of Attorney in Italy

Posted by on Mar 30, 2024 in LEGAL UPDATES

In case of advanced age and the onset of dementia, the loss of mental capacity of a family member can  present legal obstacles when relatives need to access their savings or sell their property to fund their future care. In the UK a Lasting Power of Attorney (LPA) is a useful tool which can be signed and registered with the Office of the Public Guardian in...

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