Visit to Italy on UK Spouse Visa / BRP of a British Citizen

[kaydee2016]

Hello good friends,

I am a British citizen & my wife from India will join me mid-Feb 2019 on UK Spouse visa.
I keep traveling to Italy on business & plan to take my wife to Italy after she arrives in the UK, probably End Feb or March 19.
I had written to Italy Visa Office in London & I was confirmed that wife can accompany me to Italy. Later to double check with Italy Visa Office, I sent them the 30days visa scan of wife's passport & informed that further visa will be in BRP, which will be collected after she arrives in The UK. I queries whether she can accompany in my particular case?
I was informed that if she will receive a BRP, she needs to apply for the Schengen visa. This is strange to me.
My wife has got 1) A letter from UK Home office confirming visa is granted for 33 months 2) 30-day visa in passport & 3) BRP which will be collected after she arrives in the UK.

My query is whether 1) it would be OK for me to take the wife to Italy without visa & carry all her Uk visa documents to show to Italian Immigration Officer or 2) wife should apply for Schengen visa before traveling to Italy. Can she apply for Schengen visa immediately after coming to the UK?

Appreciate the experience please on the above scenario.

regards
Kaydee

[Casa]

Your wife will need a Schengen visa to enter Italy and will continue to require one until she has been granted British citizenship. An airline will refuse her boarding without one.

She should be able to apply for a Schengen visa once she has collected her BRP.

However, your wife may only be issued with a single visit visa and even if she has a multiple entry visa, she is limited to the time permitted within a 180 day period in the Schengen zone.

https://www.schengenvisainfo.com/schengen-visa-types/

Note in particular:
"90/180 Schengen Visa Rule
Another point where most multiple-entry Schengen visa holders get confused, as well as the nationals of the countries that are permitted to enter Schengen visa-free. Most people think that the 180-day period starts on the day you visa becomes valid, which is not true.

Actually, the 180-day period keeps rolling. Therefore, anytime you wish to enter the Schengen, you just have to count backwards the last 180 days, and see if you have been present in the Schengen for more than 90 days throughout that period."

That's 90 days in total...not for each visit.

[kaydee2016]

Thanks a lot Casa. Appreciated.

The requirement of Schengen Visa seems to be in contradiction to the treaties in place for family members of EU nationals, as per below link:

https://europa.eu/youreurope/citizens/t ... dex_en.htm

Above was confirmed by Italian Consulate as well, however the requirement in above link is that spouse should have the residence permit as the spouse of EEA family member, which BRP doesn't indicate.

regards

Kaydee

[Casa]

That's due to your wife not holding an EEA Permit. She has a visa under the UK Immigration Rules.

[kaydee2016]

That's due to your wife not holding an EEA Permit. She has a visa under the UK Immigration Rules.

Hello Casa,

Thanks. Understood. many thanks
Kaydee