Does my husband need a visa to holiday in Italy?

megmog · Post by **megmog** » Wed Sep 19, 2007 11:10 am

Hi all,

I was wondering if someone could advise me...

My husband is South African, I am British and we currently reside in Ireland. My husband has a "stamp 3" in Ireland which is valid for 1 year and permits him to stay in Ireland with me but he is not allowed to work. I am working and supporting us currently.

We are thinking of going to Italy on holiday, or maybe for Christmas. Does anyone know if my husband needs a visa..?

If so, where and when would he need to apply... if anyone can direct me to this kind of info it would be much appreciated!

megmog

Prawo · Post by **Prawo** » Wed Sep 19, 2007 11:51 am

As your husband does not have the proper EU residence card, he will need a visa.
But it is free if you present your marriage certificate.

Keep in mind, your husbanmd has a wrong permit.
He should have one valid for 5 years.

You should be issued a certificate the day you apply for it.

yankeegirl · Post by **yankeegirl** » Wed Sep 19, 2007 12:17 pm

Keep in mind, your husbanmd has a wrong permit.
He should have one valid for 5 years.

Theoretically, yes, but the Irish application of the EU Directive is, to put it bluntly, a clusterf*ck. They are requiring prior residence in another EU state for the non-EU spouses. If they have no prior residence, the applications are denied, and in some cases, in lieu of the 5 year permit they are given things such as a Stamp 3.

megmog · Post by **megmog** » Wed Sep 19, 2007 12:55 pm

ok, thanks...

could anyone elaborate on the visa he needs and what we have to submit?

Post by **archigabe** » Wed Sep 19, 2007 1:55 pm

Correct me if I'm wrong...don't south africans have visa waiver for some Schengen countries?

mym · Post by **mym** » Wed Sep 19, 2007 2:31 pm

megmog wrote:ok, thanks...

could anyone elaborate on the visa he needs and what we have to submit?

A Schengen Visa. Apply to the italian embassy on the visa application form you will find on their website. The ONLY things you have to supply are passport and marriage certificate.

Read http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf

megmog · Post by **megmog** » Wed Sep 19, 2007 3:14 pm

thanks so much for this info!

does anyone know how long the visa application takes?
It mentions on the website we have to make an appointment so is it issued on a same-day basis?

If we were looking to travel in december, could we apply now or nearer the time?

do we have to everything booked before we can get the visa? in other words, could we get the visa and then make arrangements?

Post by **Directive/2004/38/EC** » Wed Sep 19, 2007 10:28 pm

Apply as soon as possible in case there are difficulties. You can specify when you want the visa to be valid.

Once you have gone to Italy, do not forget to write to the DOJ and tell them about your residence (on the basis of EU law) in Italy and request they immediately issue you an EU1!

mym · Post by **mym** » Thu Sep 20, 2007 2:07 pm

Directive/2004/38/EC wrote:Once you have gone to Italy, do not forget to write to the DOJ and tell them about your residence (on the basis of EU law) in Italy and request they immediately issue you an EU1!

Any thoughts yet on whether that approach can be used in the UK? ie brit + non-EU spouse go on holiday to Italy then apply under EU Law to get UK residence not UK Law?

Prawo · Post by **Prawo** » Thu Sep 20, 2007 3:22 pm

mym wrote:
Directive/2004/38/EC wrote:Once you have gone to Italy, do not forget to write to the DOJ and tell them about your residence (on the basis of EU law) in Italy and request they immediately issue you an EU1!
Any thoughts yet on whether that approach can be used in the UK? ie brit + non-EU spouse go on holiday to Italy then apply under EU Law to get UK residence not UK Law?

If they make their holiday last about six months it is possible.

Post by **Directive/2004/38/EC** » Sun Oct 07, 2007 8:17 pm

mym wrote:
Directive/2004/38/EC wrote:Once you have gone to Italy, do not forget to write to the DOJ and tell them about your residence (on the basis of EU law) in Italy and request they immediately issue you an EU1!
Any thoughts yet on whether that approach can be used in the UK? ie brit + non-EU spouse go on holiday to Italy then apply under EU Law to get UK residence not UK Law?

I somewhat agree with Provo. You will most likely have to have been exercising treaty rights, or have "resided" for some time outside the UK.

If you worked (exercising treaty rights!) in Italy for a few weeks, that might well be enough to qualify you for EEA family permit (under EU law) when you return.

Dawie · Post by **Dawie** » Sun Oct 07, 2007 11:06 pm

archigabe wrote:Correct me if I'm wrong...don't south africans have visa waiver for some Schengen countries?

No, South Africans require visas for all Schengen countries. Unfortunate, but true.

Richard66 · Post by **Richard66** » Mon Oct 08, 2007 8:36 am

Take note that, if you go to Italy. I'm not sure a Schengen visa will get you far and you might well need to apply for an Italian residence card. My wife got hers 22 hours after our marriage, but some people have been waiting for a year for it. Also, the British consulate in Rome takes a very dim view of such antics. Take a look:

http://www.britishembassy.gov.uk/servle ... 0687084993

mym · Post by **mym** » Mon Oct 08, 2007 10:49 am

Richard66 wrote: http://www.britishembassy.gov.uk/servle ... 0687084993

Goodness me, what a lot of documentation... some of it illegally demanded it seems to me.

and "Civil marriage certificate (if you were married outside Italy you must produce a certificate from your local commune confirming your marriage has been registered with the Italian authorities)" looks rather impossible (and legally challengeable) for Civil Partners, as Italy does not recognise CPs whereas the UK does....

I feel an email to Rome coming on...

Richard66 · Post by **Richard66** » Mon Oct 08, 2007 11:03 am

I'd say 2/3 of this list is illegal. They also want fingerprints and all expired passports. This is why I REFUSED to apply for this travesty visa for my wife.

By all means, Mark, send an-email to the Embassy! I'd GIVE you an address, but I don't know if giving it is in the rules. They play cat and mouse there.

mym · Post by **mym** » Mon Oct 08, 2007 11:07 am

Richard66 wrote:By all means, Mark, send an-email to the Embassy! I'd GIVE you an address, but I don't know if giving it is in the rules. They play cat and mouse there.

I made use of their feedback form.

Richard66 · Post by **Richard66** » Mon Oct 08, 2007 11:15 am

And what did you say to them? They must be starting to feel the heat down there, even if we're now in Autumn!

mym · Post by **mym** » Mon Oct 08, 2007 11:32 am

Richard66 wrote:And what did you say to them? They must be starting to feel the heat down there, even if we're now in Autumn! :lol:

Just pointed out that they don't mention CP on that page, plus that they demand local registration when that is not possible with CP - which puts them (the embassy) in breach of the UK law.

Richard66 · Post by **Richard66** » Mon Oct 08, 2007 11:47 am

I wish other people would take this sort of initiative. Certainly the Embassy would start being careful at the information they give.

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Does my husband need a visa to holiday in Italy?

Does my husband need a visa to holiday in Italy?