Need help with Italian Consulate

I beg you to help me.
My situation is:
I am Latvian Citizen. Hold valid UK issued Residence Permit.
My spouse is Russian Citizen. She holds valid UK issued Residence Card.

It is her birthday in a few weeks and I was going to surprise her with a 3 day trip to Italy. Have booked all: tickets, hotels and car rent.

Now, I explained her status to Italian Consulate Officer in Manchester by e-mail and asked to send me a confirmation of a fact that she doesn`t require visa if travelling with me as she`s got Residence Card. But he refused to do it stating she needed visa.

We are flying with J2com airline and I am sure there will be problems with getting on board without that confirmation.

Please could you advise me if the information on this web page is OFFICIAL?

http://gazzette.comune.jesi.an.it/2007/72/1.htm

If so, who should I refer to about this? As it is urgent don`t have enough time for complaining to SOLVIT.

Thank you,

Andy

P.S. it is too late to get visa for my wife, as the first available appointment is 2 weeks after our trip. Besides, it wouldn`t be surprise anyway.
If so

No need to beg for anything. You and your spouse have some legal rights to move freely in the EU.

I would suggest you read carefully the information at http://eumovement.wordpress.com/directive-200438ec/ See chapter 4.

Where is the web site for the airline you are flying?

Directive/2004/38/EC wrote:No need to beg for anything. You and your spouse have some legal rights to move freely in the EU.

I would suggest you read carefully the information at http://eumovement.wordpress.com/directive-200438ec/ See chapter 4.

Where is the web site for the airline you are flying?

That'll be http://www.jet2.com and they are terrible! My gf was questioned extensively by the girl on the checkin desk, called her boss over several times and consulted a mysterious book with long lists in it.

I'm sticking with Lufthansa!

Directive/2004/38/EC wrote:No need to beg for anything. You and your spouse have some legal rights to move freely in the EU.

I would suggest you read carefully the information at http://eumovement.wordpress.com/directive-200438ec/ See chapter 4.

Where is the web site for the airline you are flying?

I have read that information, but the problem is if aviocompany and Italian border control officers read them too. It has to be romantic holidays, so don`t want to argue about getting on board and then spending a few hours to prove to Italian Border control that I am right

Can anyone translate what that means?

DECRETO LEGISLATIVO 6 febbraio 2007, n.30
Attuazione della direttiva 2004/38/CE relativa al diritto dei cittadini dell'Unione e dei loro familiari di circolare e di soggiornare liberamente nel territorio degli Stati membri.
IL PRESIDENTE DELLA REPUBBLICA
Visti gli articoli 76 e 87 della Costituzione;
Vista la direttiva 2004/38/CE del Parlamento europeo e del
Consiglio, del 29 aprile 2004, relativa al diritto dei cittadini
dell'Unione e dei loro familiari di circolare e di soggiornare
liberamente nel territorio degli Stati membri

Does it mean the Directive is already implemented into Italian legislation?

I think that stops in mid-sentence. However picking up on the link you provided in the opening post, and getting Google to do an automatic translation we get this .... click here

Like many automatic translations it is not easy to read, but hopefully you can wade through it and get the answer you want.

sparrrtak wrote: I have read that information, but the problem is if aviocompany and Italian border control officers read them too. It has to be romantic holidays, so don`t want to argue about getting on board and then spending a few hours to prove to Italian Border control that I am right

You may have no choice. It is your right to enter Italy together.
Read http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf if you've not already done so. Especially note:

"Possession of the valid residence card issued by any Member State
exempts the family members from the visa requirement in all
Member States."

Does it mean the Directive is already implemented into Italian legislation?

Yes.

mym wrote:

sparrrtak wrote: I have read that information, but the problem is if aviocompany and Italian border control officers read them too. It has to be romantic holidays, so don`t want to argue about getting on board and then spending a few hours to prove to Italian Border control that I am right

You may have no choice. It is your right to enter Italy together.
Read http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf if you've not already done so. Especially note:

"Possession of the valid residence card issued by any Member State
exempts the family members from the visa requirement in all
Member States."

Does it mean the Directive is already implemented into Italian legislation?

Yes.

both Italian Consulates in Manchester and London refuse to send me a confirmation of that.
I explained everything, gave them link to Italian newspaper, link to Directive 2004/38/EC itself.

all they answered is (quoting):
"
Your wife need a Visa to enter in Italy.
Visa Officer"

I can give some information about Latvia, may be someone will need.
If you call Latvian Embassy in London and ask about Directive 2004/38/EC they will send you confirmation via e-mail that Latvia has implemented directive into national legislation
I have got one which states that possesion of valid Residence Card is enough to enter Latvia if you travelling with your EEA national family member

When you say "My spouse is Russian Citizen. She holds valid UK issued Residence Card."

What exactly do you mean by 'Residence Card'?

mym wrote:When you say "My spouse is Russian Citizen. She holds valid UK issued Residence Card."

What exactly do you mean by 'Residence Card'?

Can`t really understand your question


She applied for Residence Card to Home Office (EEA 2 form) and received it a year ago
It is a stamp in her passport

Just checking.

The italians have no right to demand you get a visa. Report them to SOLVIT.

In the meantime, as previously mentioned, you may just have to accept that you will have to argue with people at the passport desk :(

The Italians have transposed Directive 2004/38/EC, and if they had not (like Belgium and Luxembourg have not) then it would have direct effect in law.

You should have a right to entry on the basis of the Residence Card.

If for whatever reason they deem that the Residence Card is not sufficient, then they are required to allow you to prove otherwise that you are allowed to enter. Carrying your marriage certificate should be sufficient proof (make sure you carry a translation as well if it is not in a major European language).

You should also carry a copy of the Directive in English and Italian, as well as the transposition legislation in Italian.

FWIW: last month my US wife and I were told that we could use the Italian line at border controls if we were married, with the condition that they would not stamp her passport (since the officers in that line are not equipped with them).

Marco 72 wrote:FWIW: last month my US wife and I were told that we could use the Italian line at border controls if we were married, with the condition that they would not stamp her passport (since the officers in that line are not equipped with them).

Does your wife have a Residence Card? If she does, then they are not allowed to stamp her passport.

Directive/2004/38/EC wrote:Does your wife have a Residence Card? If she does, then they are not allowed to stamp her passport.

She has a five year residence permit as the wife of an Italian citizen living in the UK (not an actual card, but a stamp in her passport - I think only EEA/Swiss citizens get a card). When we go back to the UK she is allowed to use the "EU" queue with me, as long as I am there, but they say they have to stamp her passport. This suits us fine, since those stamps may provide proof of residence when she applies for British citizenship, but they may be acting against the law or at least against an EU directive.

Marco 72 wrote:

Directive/2004/38/EC wrote:Does your wife have a Residence Card? If she does, then they are not allowed to stamp her passport.

She has a five year residence permit as the wife of an Italian citizen living in the UK (not an actual card, but a stamp in her passport - I think only EEA/Swiss citizens get a card). When we go back to the UK she is allowed to use the "EU" queue with me, as long as I am there, but they say they have to stamp her passport. This suits us fine, since those stamps may provide proof of residence when she applies for British citizenship, but they may be acting against the law or at least against an EU directive.

Very odd. The UK law says

Right of admission to the United Kingdom
An immigration officer may not place a stamp in the passport of a person admitted to the United Kingdom under this regulation who is not an EEA national if the person produces a residence card or permanent residence card.

so I do not understand why they would ever stamp your wife's passport (unless they do not realize she has a Residence Card.

I didn't mention she had a residence card, although the immigration officer didn't ask either. I showed him my Italian and UK passports and told him my wife was travelling with me. I asked him if she could use the EU line and if he could put a stamp on her passport. He told me he had to put the stamp, there was no choice in the matter. I'm sure he saw my wife's residence permit before he stamped the passport. Perhaps they haven't been fully informed on the new regulations.

A little update:

Have managed to contact Italian Embassy by e-mail! (Italian Consulate still has not answered to my last e-mail)

The answer was:
"I have consulted with a senior diplomat of this Embassy who confirms
the EU
Directive mentioned below was approved by Italian legislation on March
27th
2007."

So one step forward. Still need written confirmation of the fact that Residence Card can be used as aternative of Visa. Requested that in reply
Will post update here as soon as get information.