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Visa for family members of European Union citizens in Italy.

Appeal against the refusal of visa for family members of EU citizens in Italy.

Visa for family members of European Union citizens in Italy.

 

 

 

 

 

 

 

 

The Italian Legislative Decree n. 30 of 6 February 2007 (Implementation Act of Directive 2004/38/EC on the right of EU citizens and their family members to move and reside freely within the territory of Member States) recognizes the right to free movement also for family members of citizens of the European Union accompanying or joining the same EU citizens.

The new rules allow the release in favor of the non-EU family of a short-term Schengen visa (up to 90 days, type C) for tourism, after the verification of the parental relationship by the visa office.

This visa is issued free of charge and with priority, as established by art. 5 of Legislative Decree n. 30/2007. 

These principles were reiterated by the Italian Ministry of Foreign Affairs in the Message of August 6, 2013, with which it dictated the new instructions for the issuance of visas to family members of EU citizens. In fact, the Ministry of Foreign Affairs, in addition to reiterate the need to respect the right to freedom of movement, also stressed the usefulness of the new changes, as they tend to decrease the workload of visa offices.

On this point, it is important to remember what the "Handbook for the processing of visa applications and the modification of issued visas" (adopted by Commission on 19/03/2010) says about the practices that must be followed by the visa offices regarding the visa applications of the EU citizens' family members. In fact, the Handbook says in order to demonstrate to have the right to a visa, the applicant must present documents that prove he/she is family of an EU citizen and he/she accompanies or joins the EU citizen (ie proof that the EU citizen already resides in the host Member State or a confirmation that the EU citizen will travel to that State). 

However, not all visa applications of the relatives of EU citizens are accepted by the Italian embassies or consulates. Most of times, the Italian consulates refuse the visa without any reason or indicating the same motivations used for the tourist visa denial.

Against the refusal of the visa the applicant (or his/her EU family) can appeal to the competent court. The assistance of an Italian lawyer is required by law.

We are an Italian law firm, based in Rome. If you need to appeal the denial of visa, don't hesitate to contact us (click here).

Please, see also:

Elective Residence Visa in Italy

Appeal against elective residence visa refusal in Italy

How to appeal visa refusal in Italy

How to win a visa denial appeal in Italy

Lawyers in Italy for the appeal against Visa refusal

Appeal against business visa refusal in Italy

Italian lawyers for foreign nationals against Italian Embassy and Consulate

The T.A.R. of Lazio on Visa denials issued by Embassies and Consulates of Italy

Appeal against the denial of visa for elective residence issued by the Consulate General of Italy in New York

Appeal against unfair Schengen Visa denials in Italy

The assistance of an Italian lawyer is required by law. The foreigner can't appeal by himself

Right of access to the Schengen Information System in Italy

Published on 09 February 2016

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