Operational instructions for questure on residence permits for investors and startups: new circular from the Ministry of the Interior

With Circular No. 400/B/2026/1^ Div./I Sez. (Prot. No. 61976 of 7 August 2026), the Central Directorate for Immigration and Border Police of the Ministry of the Interior has once again drawn the attention of the Immigration Offices operating throughout the country to two entry channels which, although they have been in force for years, continue to be handled as ordinary procedures even though they are not: investors and startups.

A methodological reminder before a substantive one

The document does not introduce new rules: it recalls existing ones that, in practice, are not always complied with.

The scope is clear from the outset: the entry and residence of foreign investors and the establishment of innovative businesses by non-EU citizens. These are numerically small groups, but the circular explicitly places them in the context of attracting foreign capital and enhancing international entrepreneurial talent.

Investors: the application is submitted at the Immigration Office, not at the Post Office

The first set of instructions concerns the residence permit for investors, governed by Article 26-bis of the Testo Unico sull’Immigrazione. This is the permit that follows the so-called Investor Visa, intended for persons undertaking to inject significant resources into the national economy: €2 million in government bonds, €500,000 in the capital of a company incorporated and operating in Italy, €250,000 where the investment is made in an innovative startup registered in the special section of the Companies Register, or €1 million by way of a philanthropic donation in areas of public interest.

From a procedural standpoint, the circular establishes three points that leave no room for local variations:

• the application must be submitted directly to the Immigration Office of the Questura having jurisdiction over the applicant’s place of residence, without using the postal application kit;

• the deadline is eight working days from entry into Italy;

• receipt of the application and fingerprinting must take place simultaneously, on the same occasion.

The third point has the greatest impact on the organization of the counters. Postponing fingerprinting to a subsequent appointment—a widespread and understandable practice in overburdened offices—here means artificially lengthening a procedure that the legislature specifically designed to be short. The circular expressly requires the issuing procedure to be completed promptly.

The “INVES” code and a tailored residence regime

The second group of instructions is administrative in nature, but has substantive implications for the holder’s rights.

The permit must be entered into Stranieri Web using the specific “INVES” code and is valid for two years from the date of entry into Italy—not from the date on which the application is submitted or the document is handed over. This is far from a merely formal clarification: from that date, the period within which the investment must be made and maintained also begins to run.

Two exemptions then apply to this category of residents, which counter staff must be aware of so as not to impose requirements that do not apply:

1. exemption from the obligation to sign the integration agreement for the first five years;

2. non-applicability of the residence-continuity requirements provided for other types of permits.

The second exemption reflects the nature of this category: international investors travel, and the legislation has chosen not to require them to maintain continuous physical presence in the territory as a condition for the continued validity of the permit.

The other side of the coin: a revocable permit

The preferential regime has a counterweight, which the circular makes explicit. The investor residence permit may be revoked in two cases:

• if the foreign national fails to demonstrate that the declared investment or donation was made within three months of entry;

• if the investment is disposed of before the two-year period has expired.

The safeguard does not depend on an autonomous initiative by the Questura, but on an information flow: the Office must monitor communications received from the competent ministerial Committee. Here the circular establishes a clear division of responsibilities—the economic assessment remains with the Committee, while the effect on the residence permit remains with the Questura—and requires the two dimensions to remain connected over time, rather than only at the time of issuance.

Italia Startup Visa: the Questura enters the process before the visa

The third pillar of the circular concerns the “Italia Startup Visa” (ISV) programme, the simplified procedure for issuing a self-employment visa to non-EU citizens intending to establish an innovative startup in Italy.

The point the administration seeks to clarify is centralized management: the procedure is administered by the Programme Secretariat at the Ministero delle Imprese e del Made in Italy (MIMIT), which acts as the applicant’s sole point of contact and coordinates communications among the administrations involved. The Questura does not communicate with the prospective entrepreneur; it communicates with the Secretariat.

As described in the circular, the mechanism operates as follows:

1. the ISV Secretariat receives the application and verifies its compliance;

2. it identifies the Questura with territorial jurisdiction on the basis of the province of residence declared by the applicant at the application stage;

3. it contacts the Questura by certified electronic mail (PEC), sending a formal request for a “Nulla Osta provvisorio” together with a copy of the applicant’s passport;

4. the Questura carries out the checks falling within its remit and issues its opinion.

That opinion, the circular warns, is essential for the Committee to issue the final nulla osta. In operational terms, an ISV file sitting on a desk does not merely delay an internal procedure; it blocks the entire chain leading to the visa, entry into Italy and incorporation of the company. This is the stage at which the Questura, although performing a limited investigative role, becomes a necessary condition for the outcome.

Promptness as a substantive element of the directive

The document’s conclusion is unequivocal and should be read as an instruction rather than a courtesy formula: applications must be handled with the necessary promptness, so as not to jeopardize the startup phase of the business and the integration of the foreign national into the national productive system.

This choice of language is significant. Delay is not described as administrative inefficiency, but as economic harm. And the final call for the uniform application of the directives indicates that the circular’s real objective is to eliminate the scope for local practices: in these two procedures, what applies in Milan must apply in Palermo.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.