Visa denial appeal in Italy

Many visa applications (whether for business, tourism or study) are rejected by Italian embassies and consulates, because the risk of illegal immigration. Many times, according to the opinion of the visa offices, the foreigner does not intend to leave the territory of the Member States before the expiry of the visa.

The Visa offices must verify the migratory risk, especially in those countries where there is an high rate of illegal immigration to other countries. But the verification can not be generic and the visa office can not refuse a visa only because the country of origin or residence of the foreigner has an high risk of illegal migration.

The visa office of the Italian embassy or consulate must do a depth investigation, case by case, about the existence of that risk.

The "Handbook for the processing of visa applications and the modification of issued visas", introduced by Commission Decision C (2010) 1620 of 19 March 2010, itemizes the factors which must be taken into account by the consular authorities in the verification of the migratory risk. These factors are the family or other relationships in the country of residence and in the member country, the employment situation, salary level, the regularity of revenue, possession of real estate, the behavior during previous visa, etc.

However, many times the Italian embassies do not follow the instructions of the European Union, issuing denials based on the migratory risk, even when that risk does not exist.

Santaniello & Partners is an Italian law firm, based in Rome. Our professionals have strong and positive expertise in visa denial appeals. If you need some legal assistance, don't hesitate to contact us (click here).

Please, see also:

How to appeal visa refusal in Italy

How to win a visa denial appeal in Italy

Lawyers in Italy for the appeal against Visa refusal

Appeal against the refusal of visa for family members of EU citizens in Italy

Appeal against visa denial of the Consulate General of Italy in New York

Italian lawyers for foreign nationals against Italian Embassy and Consulate

Appeal against business visa refusal

The T.A.R. of Lazio on Visa denials issued by Embassies and Consulates of Italy

Appeal against the denial of visa for elective residence issued by the Consulate General of Italy in New York

Appeal against unfair Schengen Visa denials in Italy

The assistance of an Italian lawyer is required by law. The foreigner can't appeal by himself

List of countries whose citizens are subject to the visa obligation to enter in Italy

Right of access to the Schengen Information System in Italy