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Entry visa from one country, can enter through another?

Immigration to European countries, don't post UK or Ireland related topics!

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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

Entry visa from one country, can enter through another?

Post by kobrien » Sat Sep 05, 2009 2:08 am

The Italian Embassy is requiring me to have an entry visa (spouse visa) before entering the country and applying for residency.

My flight stops in Munich and then I'm taking a train down to Italy so I'll be going through passport control there.


Does anyone know:
With a specific entry visa, must I pass through an Italian port or can I go through other Schengen states (like I planned)?



-I believe the visa is probably the "Accompanying Spouse" (D) visa-

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

Post by Obie » Sat Sep 05, 2009 2:40 am

Complete utter nonsense. Not required. Article 5 only request visas for visa nationals, and Italy is a visa free country for American Citizens.
Smooth seas do not make skilful sailors

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

Post by kobrien » Sat Sep 05, 2009 2:53 am

unfortunately, the italian interior ministry and the italian embassy in d.c. dont think so.

they warmed me:
if you go to italy on a tourist visa and then apply for residence you will be rejected.
---because spouses who go there applying for residency are not there for tourism


yes, it's against the rules.
but after arguing with them over the phone for two hours, they werent giving in.
so im going with a visa.


my question still stands: Can I go through a German port on an Accompanying Spouse visa before going to Italy?

Richard66
Senior Member
Posts: 745
Joined: Sat Aug 25, 2007 9:17 pm
Location: Italy

Post by Richard66 » Sat Sep 05, 2009 9:44 am

Stuff and nonsense!!! You need no visa, you never neded a visa and the Italian law says so clearly. Bear in mind the Interior minister is member of the xenophobic Lega Nord party. They are not quite White Supremacists, but almost.

Why did you give in? I can tell you from personal experience no visa is needed. All you need is to know the law
Aiming at travelling to the UK with my wife and not with an EEA FP!

ca.funke
Moderator
Posts: 1414
Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
Belgium

well - yes you can

Post by ca.funke » Sat Sep 05, 2009 1:27 pm

kobrien wrote:my question still stands: Can I go through a German port on an Accompanying Spouse visa before going to Italy?
You don´t need a visa in the first place, hence your question isn´t really valid.

But if you want it answered as such: Yes, you can enter through a German port.

The only thing you have to accomplish is to physically get to Italy, and that should be possible via this route.

Enjoy Italia :!:

Richard66
Senior Member
Posts: 745
Joined: Sat Aug 25, 2007 9:17 pm
Location: Italy

Post by Richard66 » Sat Sep 05, 2009 3:38 pm

And download and study the "Decreto Legislativo 30 (2007) till you know it by heart. This is the Italian law that transposes Directive 2004/38.

When you apply for your residence card go to the Questura, take the law, take the directive, take a witness and do not accept a Permesso di soggiorno: Accept ONLY a Carta di Soggiorno. If someone telles you to go to the go to the post office do not go.

Let no one tell you otherwise.
Aiming at travelling to the UK with my wife and not with an EEA FP!

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

Post by kobrien » Sat Sep 05, 2009 4:15 pm

-thank for the advice on what to do at the questura.

i have a feeling getting residency in italy going to be a minefield.






-"Why did you give in? I can tell you from personal experience no visa is needed. All you need is to know the law"

after already having immigration troubles getting residency in the czech republic, i've given up on "the law". even if EC 2004/38 is supposed to implimented, states are going to what they please.
I'm choosing the path of least resistance, even if it is against the directive.

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