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Spouse visa for Italy

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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Oct 13, 2007 7:31 am

Richard66 wrote:Also remember your husband is no longer a "third-country national", but the "third country family member of an EU citizen". This makes a lot of difference.
Very nicely put! I think this is very important for people to remember and repeat and understand.

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

Post by Richard66 » Wed Oct 17, 2007 4:31 pm

India, I've just found out about long-term Schengen visas, valid up to 5 years: C5. This might be better in your case.

india22
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Posts: 14
Joined: Tue Oct 02, 2007 5:29 pm

Post by india22 » Mon Oct 22, 2007 3:32 pm

Hi Richard,

sorry I haven't had the chance to look at this in a while.

Thanks for letting me know about the C5 Schengen visa but having google it I very much dobt it that my husband qualifies for it.

"Exceptionally, the Schengen regulation enables important or well-known persons who frequently require a visa and who can provide the necessary guarantees, to be issued with C-type visas which permit a visit of up to 90 days in any half-year and are valid for one (C1), two (C2), three (C3) or five years (C5)"

It seems to me that is the "European way of officially justifying giving special treatment to politicians' friends and families

I

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

Post by Richard66 » Mon Oct 22, 2007 5:12 pm

Hello India,

This I don't really know, because the visa for your husband is a mere formality. I do know, however, that the first Schengen visa is always short, but good behaviour on the part of the visitor (not overstaying) means longer-term visas are possible. You could say, for example, that you intend travelling often to Italy, but thay you will not be staying long enough to apply for a Residence card. Having said that, I must add that when my wife applied for hers... We married on 22 August at 12:30 and she was issued her Residence card on 23 August at 11:30, less than 24 hours later. Depending how long a year you plan to stay in Italy this might be a legally acceptable solution, in place of a visa each time you travel.

india22
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Posts: 14
Joined: Tue Oct 02, 2007 5:29 pm

Post by india22 » Mon Oct 22, 2007 5:14 pm

that sounds interesting!

However, if I remember correctly you live in Italy. I very much doubt that my husband can get a residence card in Italy if we actually live in London.

What do you reckon?

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

Post by Richard66 » Mon Oct 22, 2007 5:42 pm

Yes, it might not be quite legal this, but supposing you were planning to stay in Italy for four months... He would NEED to apply.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Oct 22, 2007 7:00 pm

You can stay up to 3 months without applying for a Residence Card. You can apply for a Residence Card immediately on arriving, if you want. You are in no way promising or implying that you are staying for any particular fixed period of time, and you can leave the country whenever you decide.

There is also nothing which prevents you from being resident in more than one member state at a time. Note that if you leave the member state for more than 6 months, that you may loose your residence, but you can always apply again when you return.

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