Schengen visa as a spouse of an Italian citizen

Schengen visa as a spouse of an Italian citizen - Old stone church with sculptures and columns against anonymous people at dusk in Vatican City Italy

This is my second trip to Italy with my wife who is an Italian citizen. First trip was in 2011 for a duration of two weeks but at that time we were not married.

I am currently unemployed and worried they might refuse the visa. I will be able to prove that I have funds to sustain me for the duration of the visit but cannot prove I am permanently employed as I am basically freelancing. For my last application the Travel Agent, who is an accountant, gave a letter stating he is the bookkeeper of the sole-proprietor business I owned (a restaurant at the time) and they accepted it.

Will I be able to do it the same way?

As background, I am South African and the marriage is legitimate. We have even applied for an unabridged marriage certificate but only in November last year and apparently it takes up to eight months to obtain. In the previous visa, we submitted our Islamic Marriage Certificate.

We might travel to Germany as well, where my wife's sister resides. In theory, I would like to stay in Europe. I am 59 and my wife and I have known each other 30 years but never got married. We made Nikaah in 2009 and registered at Home Affairs in 2016; otherwise, I would hold an EU passport by now.

Should I rather apply for a spouse reunification visa, as my wife is applying for emigration from South Africa?

She has dual citizenship, so as to be able to cash her retirement annuity before the age of maturity.

I was thinking of applying for a spouse visa for a one month visit, and then remain in Italy for the 90 days and thereafter apply for a longer visa.



Best Answer

Telling lies was a very bad idea. If they find out, now or in the future, that puts your credibility into question. If the visa officials think that you are a liar, anything else you say will be disregarded.

Fortunately for you, if you travel together with your wife you can apply for a special kind of visa, a visa for family members of an EU citizen. If you download a Schengen visa application form, you will note that many questions are marked as not applicable to family members of EU citizens, as long as those citizens are exercising their treaty rights. It boils down to two questions:

  • Is the marriage genuine or a sham?
  • Is your wife traveling to Europe according to her treaty rights?

In theory you could show up at the border with your wife and your certificate of marriage and they have to give you a visa on the spot. In practice the airline won't take you along if you try that because the airline can't be sure your certificate will be accepted, and it is much easier to get the formalities done in advance.




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Do I need a Schengen visa if I am married to a British citizen?

Yes, the non-EU spouse of a UK national requires a visa to travel to the Schengen Area.

Can I live in Italy if my husband is Italian?

Foreign nationals that reside outside Italy are eligible to apply for Italian citizenship by marriage three years after the date of marriage/civil union to an Italian Citizen. The term is reduced by half if the couple has children under the age of 18 or when children are legally adopted by the couple.

What happens if I marry an Italian citizen?

According to Italian law, spouses of Italian citizens have the right to Italian citizenship, provided that they have a sufficient grasp of the Italian language. This was not always a prerequisite. Italian citizenship can be obtained automatically at birth, reclaimed, or in special circumstances, obtained.

How can a couple apply for Schengen visa?

You will need a Schengen Visa application form and two recently taken passport-style photos, a passport from your home country, or other travel documents that are less than 10 years old and valid for at least three months after your departure date from the Schengen Area.



TYPE OF VISA ITALIAN EMBASSY GAVE + SCHENGEN VISA + BEING MARRIED TO AN ITALIAN




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