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Accompanying Spouse Visa: Do I need it?

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kobrien
Newbie
Posts: 32
Joined: Wed Sep 02, 2009 7:02 pm

Accompanying Spouse Visa: Do I need it?

Post by kobrien » Wed Sep 02, 2009 7:05 pm

My husband (UK/EU citizen) and I (US citizen) were offered jobs in Bari, Italy today.

I'm SO confused about the process.
Currently, I have no residencies to speak-of.



Can my husband and I (on a tourist visa) go to Italy and then apply for residency within the first three months?

or

Must I apply for an accompanying spouse visa before we go?



Any advice is much appreciated!
Thanks!
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charles4u
Member of Standing
Posts: 369
Joined: Mon Jul 28, 2008 7:33 pm

Post by charles4u » Wed Sep 02, 2009 7:13 pm

First US citizens dont need a visa for Schengen countries so you are allowed to go visa-free.

Secondly, your husband is a UK citizen and I guess you have a family tie (marriage certificate) and possible residence card as a family member.

So in your case, I suggest you can go to Italy and apply for the residence straight away.
Charles4u
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kobrien
Newbie
Posts: 32
Joined: Wed Sep 02, 2009 7:02 pm

Post by kobrien » Wed Sep 02, 2009 7:29 pm

That's what I thought!
But, for some reason, I can't find it written anywhere an any Itl website. Actually, there's little to nothing about spouses coming to Itl


:(
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Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Sep 02, 2009 7:51 pm

Here is the directive in Italian. If you don't understand Italian, you can utilise Google translate
Smooth seas do not make skilful sailors
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kobrien
Newbie
Posts: 32
Joined: Wed Sep 02, 2009 7:02 pm

Post by kobrien » Wed Sep 02, 2009 9:37 pm

awesome!
thanks for the link.

article 10:
non-eu family member can apply for residency within three months

it's exactly what i needed.

Thanks a bunch!!!
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kobrien
Newbie
Posts: 32
Joined: Wed Sep 02, 2009 7:02 pm

Post by kobrien » Fri Sep 04, 2009 4:34 pm

I just got a call from the Italian Embassy in D.C. today.
They are insisting that I need an "accompanying spouse visa" before I enter Italy.

I've also called the Philidelphia consulate and the Italian Embassy in the UK. They all say I need one.


I believe this is against my rights as a spouse of an EU citizen.

(1)
According to the European Commission,
"It is not allowed to require any other type of visa, such as residence or family reunification visa." when a family member enters an EU country.

http://ec.europa.eu/youreurope/nav/en/c ... ex_en.html

also according to EU directive 2004/38

(2)
It also saying NOTHING about me needing a specific visa when I am in Italy applying for residency. (only if I'm from a nation the requires an entrance visa...which I'm not; I'm from the US)
http://ec.europa.eu/youreurope/nav/en/c ... ex_en.html



I've asked for advice from the Signpost service and am waiting for a response.





-What do you all make of this?

-Am I right or is the Italian Embassy?

-If I am right, is there anywhere I can make an official complaint?

-Also, what do I do if I run into trouble when applying for residency (if I decided not to get this visa)?


Sorry, lots of questions but I'm REALLY angry right now because I feel as though Im going to run into a lot of problems and I feel I'm right!
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