The Italian Legal Whisperer

Michele Capecchi

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.

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Top 10 The Italian Legal Whisperer Episodes

Goodpods has curated a list of the 10 best The Italian Legal Whisperer episodes, ranked by the number of listens and likes each episode have garnered from our listeners. If you are listening to The Italian Legal Whisperer for the first time, there's no better place to start than with one of these standout episodes. If you are a fan of the show, vote for your favorite The Italian Legal Whisperer episode by adding your comments to the episode page.

Episode 15 Digital Nomads VISA

The Italian Legal Whisperer

04/03/24 • 29 min

Exciting News: Italy's Digital Nomad Visa on the Horizon!
Italian government's groundbreaking announcement of a new visa tailored for "remote workers", also known as "digital nomads".
Anyone who can #workremotely (either independently or under an employment agreement with a company that doesn't need them to "clock in") is potentially eligible for this new visa.
The recent Ministry of Internal Affairs update indicates final approval is nearing completion.
The #DigitalNomadVisa applications are likely to be accepted SOON (but not quite yet!)
Key Details and Requirements for the Digital Nomad Visa
- Targeted at highly skilled non-EU remote professionals, demanding a minimum annual income of €28,000, suitable housing, and comprehensive health insurance.
- Essential documentation includes proof of qualifications, work experience, and housing in Italy.
- Applicants must apply in person at their country's Italian consulate.
- Tax implications remain unclear, but incentives for permanent residency are anticipated.
What to Expect and How to Prepare
- Anticipate requirements such as completion of a three-year post-secondary education program and related professional qualification.
- Documents obtained abroad must be translated into Italian and legalized by the Italian Consulate in the applicant's country.
- Notably, applications cannot be submitted while in Italy as a tourist.
Get Ready to Make Italy Your New Remote Office!
- Despite the delay, anticipation is high for the launch of the Digital Nomad Visa.
- Stay updated through our social media channels for the latest news on the visa's availability.
Whether a digital nomad or not, reach out to us to navigate the complexities of Italian immigration law and secure the right visa for your needs.
Italy awaits, and CAPECCHILEGAL (LINK) here to make your move seamless!

#ItalyVisa
#RemoteWorkers #RemoteWork
#DigitalNomads
#ImmigrationLaw
#CapecchiLegal
#ImmigrationlawyerItaly
#GlobalMobility
#WorkVisa

_________________________________
The Italian Legal Whisperer TM️©️
Hosted by Avv. Michele Capecchi LL.M.
Email: [email protected]
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.

Ep. 18 - The Interview with DAVID BACH - 10X New York Times Bestselling Author

The Italian Legal Whisperer

08/01/24 • 64 min

Listen to the interview of attorney Michele Capecchi with the only and amazing David Bach (IG: David Bach (@davidlbach) one of America's most trusted financial experts and 10X New York Times bestselling author. His FinishRich Books have been published in more than 19 languages, with more than seven million copies in print worldwide. "The David Bach Show is your key to financial freedom, one episode at a time" (LINK)
Being interviewed by my dear friend David BACH in his Podcast " THE DAVID BACH SHOW" (--> Ep. 31) offered the unparalleled opportunity to cover the countless legal information you need to know if you plan to recover your Italian citizenship, or if your goal is to move your life and business to Italy, or if you plan to buy a property in Italy.
You can also SEE our VIDEO interview here https://www.capecchilegal.com/podcast/

The episode will cover, among the other subjects:

What options are available for people who want to live in Italy for longer than 90 days?
The downside to buying Italian property as a tourist
Why it's essential to hire an attorney when moving abroad. How long does a visa application take?
What you must do in the first 8 days of moving to Italy to make your stay legal.
Investing in Italian real estate.
Why Italian banks aren't willing to give a mortgage to a foreigner—and the process for financing a property.
Self-employment visa and investor visa
Italian Citizenship by descent and marriage
The many advantages of having dual citizenship and a second passport.

#TheItalianLegalWhisperer #Italianstyle #1eurohouse #LivingInItaly #ItalianVisa #ItalianProperty #MovingAbroad #ItalianRealEstate #ItalianMortgage #ItalianBanks #SelfEmploymentVisa #InvestorVisa #ItalianCitizenship #DualCitizenship #SecondPassport #ItalianLawyer #Legalexpert
#DavidLBach #AutomaticMillionaire #finishrich #thelattefactor

Episode 12 - Italian Citizenship by Descent (PART 2) - Naturalization, APOSTILLE and other amending names discrepancies

The Italian Legal Whisperer

10/25/23 • 24 min

Some of the most important documents which need to be collect in order to be able to file the application (regardless of the place where we file: Consulate, Local Municipality or Court): Naturalization Certificate, Apostille, and all the documents discrepancies.
CERTIFICATE OF NATURALIZATION
Until 1992, with the acquisition of foreign citizenship, the applicant was forced to renounce his/her Italian citizenship. The certificate of naturalization tells us when and if the Italian-born ancestor, eventually decided to relinquish his Italian citizenship. Only if the naturalization was completed after the birth of the child born abroad, you can explore the possibility of reclaiming their Italian citizenship. This certificate plays a crucial role in assessing your eligibility to regain Italian citizenship.
But if your family thinks or knows that your ancestor never became a citizen in another country, you might need a Certificate of Non-Existence (CONE). This certificate proves that there's no record of your ancestor becoming a citizen elsewhere.

WHAT IS THE APOSTILLE

Every document that comes from abroad ( birth, marriage, death record, naturalization paperwork, draft cards, divorces, adoptions, power of attorney etc) must be certified as authentic before being used in Italy. It is not sufficient to be "super new" or to have an "embossed seal". The document must proven as authentic.
One of the handiest tools internationally recognized to obtain this certificate of authenticity of your documents is the APOSTILLE, a statement issued by a national authority (in the US, is the Secretary of State or Department of State) physically attached to your certificate that is internationally accepted and recognized as "the seal" that proves that the document si original and that it can be used internationally. The apostille is a certificate of authenticity. Without it, your "original document" is useless and not usable for your citizenship reacquisition.

DOCUMENTS and Documents DISCREPANCIES,
Birth, adoptions, marriage, and divorce certificates, death certificates: every document that proves the line of blood from the Italian-born ancestor up to you, is essential. Even small discrepancies in the names and dates could undermine your chances of obtaining Italian citizenship because the Italian authorities will only consider applications that are flawless and with a perfect match of the dates and names.
Bring to our attention if you are aware of any discrepancy in names, middle names, and last names, and we will discuss the best way we could obtain the correction of these documents: actual amendment, "one and the same", court orders.
#IureSanguinis #ItalianCitizenship #Citizenship #Immigrationattorney #Immigrationlawyer #citizenshiplawyer #citizenshipbyblood #capecchilegal #ItalianVisa #1948exception #Italianconsulate #APOSTILLE #citizenshipbydescent #Juresanguinis

Ep.4 - Elective Residency Visa - Golden Visa

The Italian Legal Whisperer

05/03/23 • 27 min

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.

Ep.3 -Student Visa and Converting Student Visa

The Italian Legal Whisperer

05/03/23 • 25 min

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.

Ep.2 -Tourist Visa and travelling to Italy without a Visa

The Italian Legal Whisperer

05/03/23 • 20 min

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.

Ep.1 - Things to know before moving to Italy

The Italian Legal Whisperer

05/03/23 • 20 min

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

Episode 14 - Italian Citizenship by Descent (PART 4) - Where to apply - Pro and Cons of Local applation, consulate application, court application and other options

The Italian Legal Whisperer

10/25/23 • 21 min

When you've successfully gathered all the essential documents required to reclaim your Italian citizenship, the next crucial step is selecting the optimal venue to submit your Italian citizenship application.
Where are you expected to submit your citizenship application?
Explore with us the options and their respective pros and cons:

Citizenship application at the Italian Consulate
Citizenship application in Italy, via a Comune
"1948 case" court procedures, in case of use of a female line of the family.
"Denied Justice" new approach.

Citizenship by Residency (Three-Year Rule): If you don't have Italian ancestry but wish to become an Italian citizen, you can move to Italy with a valid visa, obtain a permit to stay, and live in Italy for three years. After three years of lawful residency, you can apply for Italian citizenship.
Citizenship by Residency (Ten-Year Rule): A longer but viable option is living in Italy for ten years with a valid permit to stay. After ten years of lawful residency, you can apply for Italian citizenship. You'll need to demonstrate proficiency in the Italian language for this option.

Reacquisition of Italian Citizenship: If you lost your Italian citizenship together with your parents who naturalized as U.S. citizens before 1992, you can reclaim it. You'll need to make a declaration at the Italian consulate in your home country, move to Italy within a year, and establish legal residency there.

The hosts also hint at discussing citizenship through marriage in a future episode and solutions for dealing with consulate appointment backlogs.
#IureSanguinis #ItalianCitizenship #Citizenship #Immigrationattorney #Immigrationlawyer #citizenshiplawyer #citizenshipbyblood #capecchilegal #ItalianVisa #1948exception #Italianconsulate #APOSTILLE #citizenshipbydescent #Juresanguinis #JusSanguinis

Ep. 10 - Italian Residency and Taxes in Italy

The Italian Legal Whisperer

05/04/23 • 29 min

Episode 10. RESIDENZA - Formal residency or legal domicile - Codice Fiscale -
Buying a property without Visa- Why having Residenza (legal domicile) is so
important and useful.
Attorney Michele Capecchi and co-host Monica Sharp continue their analysis of the
most important aspects related to real estate transactions in Italy, including
misconceptions, errors and pitfalls to avoid. The spoke extensively of

RESIDENZA - Formal residency or legal domicile
Codice Fiscale
Buying a property without Visa
Financing the purchase of a property in Italy
Flat Tax for high net-worth individuals
Tax consequence in case of Italian residency
Consequence of setting up residency for the purpose of obtaining the National
Healthcare coverage provided by the government.
Opening a bank account in Italy without a visa
Registration with the Healthcare system – Healtcare card

Ep. 9 - Real Estate - Home inspection -Surveyor - Mortgages and Bank System

The Italian Legal Whisperer

05/04/23 • 36 min

Episode 9. Investing in Italian Real Estate Market in Italy – Buying a property in Italy.
Mistakes to avoid and opportunities to catch. RESIDENZA - Formal residency or legal domicile- Codice Fiscale
Flat Tax for high net-worth individuals,
Tax implications of setting up the residency and ramifications of setting up residency for the purpose of obtaining the National Healthcare coverage provided by the government.
Michele Capecchi and his co-host, the American legal assistant Monica Sharp, continue their chats on the biggest issues that can arise during the negotiation and the purchase of a property in Italy.

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FAQ

How many episodes does The Italian Legal Whisperer have?

The Italian Legal Whisperer currently has 19 episodes available.

What topics does The Italian Legal Whisperer cover?

The podcast is about Real Estate, How To, Podcasts, Digital Nomad, Education and Business.

What is the most popular episode on The Italian Legal Whisperer?

The episode title 'Ep. 10 - Italian Residency and Taxes in Italy' is the most popular.

What is the average episode length on The Italian Legal Whisperer?

The average episode length on The Italian Legal Whisperer is 30 minutes.

When was the first episode of The Italian Legal Whisperer?

The first episode of The Italian Legal Whisperer was released on May 3, 2023.

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The Italian Legal Whisperer

Michele Capecchi

Top 10 The Italian Legal Whisperer Episodes

FAQ

How many episodes does The Italian Legal Whisperer have?

What topics does The Italian Legal Whisperer cover?

What is the most popular episode on The Italian Legal Whisperer?

What is the average episode length on The Italian Legal Whisperer?

When was the first episode of The Italian Legal Whisperer?

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