The main reasons why the visa for Italy is denied are the following:
- Submission of a false, counterfeit or altered passport.
Generally, the passport must have at least 2 free pages for the visa application, a deadline of at least three months longer than the one required by the visa and must not be false or in a poor state of use (non-legible personal data, internal pages unglued or torn, altered photo and damaged passport cover).
- Failure to justify the purpose and conditions of the intended stay.
- Failure to prove the availability of sufficient means of subsistence, both for the expected duration of the stay and for the return to the country of origin or residence, or for transit to a third country in which admission is guaranteed.
- 90 days stay already occurred within 180 days, on the territory of the member states belonging to the Schengen area.
Indeed, the maximum length of stay in the Schengen area for short-term visas is 90 days within a maximum period of one semester. Therefore, if you make 90 days with a single entry visa, you will need to wait for another 90 days to request a new visa.
- Presence of an alert for the purpose of non-admission into the Schengen area by one of the Member States (SIS report).
- The possibility that the applicant represents, for one or more Member States, a threat to the public order, the internal security, the public health or the international relations of Member States.
- Failure to demonstrate an adequate and valid medical insurance for Schengen visa, with a minimum coverage of 30,000 euros.
- Unreliability of the information provided to justify the purpose and conditions of the stay.
- Impossibility of verifying the intentions to leave the territory of the Member States before the expiry of the Schengen visa.
- False reservations for flights and hotels. It is not uncommon for the Schengen visa to be refused because hotels and flights have only been booked but not paid.
Also, the visa application can be rejected for the ascertainment of first degree convictions (art. 4, co. 3, TU Immigration).
The refusal provision must be sent directly by the consular or diplomatic authority to the interested party and must be drafted in a language that is understandable to him, or in the language indicated by him as preferable.
Italian visa refusal appeal: How do I write an appeal letter for Schengen visa refusal?
The denied visa can be appealed to the TAR of Lazio within 60 days of notification of the provision.
Instead, the ordinary Court is competent in the event of appeal against the visa refusal for family reunification.
Recently the TAR of Lazio, with sentence No. 623/2017, stated that the foreigner concerned is the only person entitled to appeal against the visa denial.
More precisely, the Regional Administrative Court has confirmed the principle according to which the founding principles of an appeal to the TAR are:
- the applicant owning a legal position that can be configured as a legitimate interest;
- active (or passive) legitimization of those who act (or resist) in court, as holder of the disputed relationship on the active (or passive) side;
- interest in acting.
In support of what is alleged, the TAR Lazio has thus been motivated by the following: "since the typical function of the visa is to allow the foreigner to enter the national territory, otherwise precluded, it must be considered that, in the absence of a different regulatory framework, only the foreign visa applicant is authorized to react against the determination that, precisely, prevents him from entering Italy".
Italian visa refusal appeal: What are the reasons for Schengen visa rejection?
The interested party to challenge the visa refusal for Italy may provide one of the following grounds for appeal:
- inadequacy of the motivation which, due to its generic nature, "does not allow to reconstruct the logical-legal process followed by the administration for the purposes of the decision";
- lack of preliminary investigation, or lack of rejection notice;
- divergence between the reasons for refusal of visa resigned and represented to the interested party with the communication pursuant to Article 10 bis (rejection notice) and those indicated in the final rejection order. The new reasons for denial, represented for the first time only in the final provision, in fact impair the final act of the procedure, as they deprive the applicant of the participatory guarantee to the administrative procedure.
Italian visa refusal appeal: ask for a visa administrative review
When an unfair visa refusal is in hand, it is possible to present the TAR with a precautionary petition aimed at obtaining a review of the visa application not granted.
Where the TAR accepts the precautionary petition, the Administration will be ordered to review the visa application in light of the grounds for appeal.
The resulting effect is the obligation of the public administration to formally redefine itself, while leaving the sphere of substantial autonomy and its responsibility intact; for which it does not give rise to any injunction, but allows the adoption of a new confirmatory decision or a determination that is not satisfactory for the private individual.
If you want more information on how to get a visa for Italy, read this article.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
