What is the competent authority to issue your Italian Visa?
The Visa to enter Italy is issued by the competent Italian Embassies or Consulates on the basis of the applicant’s residence address. The Italian diplomatic authorities must verify the necessary requirements to obtain a Visa (e.g. possession of means of subsistence, the purpose of the trip, the availability of accommodation in Italy).
When is the rejection of a visa application justified?
The refusal of the Visa can be based on any of the following reasons:
- Submission of a false counterfeited or forged documentation;
- Failure to justify the purpose of and requirements for the intended stay;
- Failure to provide proof of sufficient means of subsistence for the expected duration of the stay, or means for the return to the country of origin or residence;
- Failure to prove the fulfilment of the specific legal requirements to obtain the Visa the applicant has applied for;
- The applicant fails to demonstrate possession of adequate and valid travel medical insurance;
- There are reasonable doubts on the authenticity of the supporting documents submitted by the applicant,
- There are doubts concerning the applicant’s intention to leave the territory of the Member State before the expiration of the Visa (risk of irregular immigration);
- The previous overstay of the applicant in the country of intended future stay;
- Presence of a Report in the SIS (Schengen Information System) for the purpose of non-admission;
- The applicant is considered to be a threat to public policy, internal security or public health, or to the international relations of one of the Member States.
How can I appeal against the refusal of my entry Visa for Italy?
Through an Italian Lawyer, you can appeal against a decision of Visa denial within 60 days from the date of notification of the refusal issued by the Italian diplomatic or consular authority. With your appeal, you can request for the annulment of the illegitimate Visa refusal and for an order that compels the Consulate to re-examine your application.
What are the reasons that can uphold an appeal?
- illogical arguments reported in the decision;
- missing or vague reasoning of the decision;
- reasons for the denial were not anticipated to the applicant to give them the possibility to correct or complete their application.
- What is the competent authority to examine the appeal?
The Administrative Regional Tribunal of Lazio is competent to rule on your appeal in the following cases:
• rejection of entry Visa application, except for Visa for family reunification;
The Ordinary Tribunal (of the area where the family members already living in Italy resides) is competent to examine and rule on your appeal against
• Rejection of entry Visa application or the preliminary ‘nulla osta’ application for family reunification.
The expected time frame to obtain a ruling by the competent judicial authority varies from 1 to 2 years.
Get in Touch
Do not hesitate to write to us if you wish to have additional information on the Appeal against a Visa rejection and counselling on your specific case.