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Civil partner of EU citizens withEAA2 visit Italy

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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jetzeng
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Civil partner of EU citizens withEAA2 visit Italy

Post by jetzeng » Thu Oct 27, 2011 12:53 pm

Hi,everyone, reli need help!!!

I am a Civil partner of German, and I have RESIDENCE DOCUMENTATION "Residence Card of a Family Member of an EEA National" from UK homeoffice (eea2), as well as our civil partner certificate from UK. We plan to travel to Rome togetehr for 3 days.

Do I need visa?

Guerro
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Post by Guerro » Thu Oct 27, 2011 1:07 pm

No visa required if you are travelling with or joining your eea spouse. Remember to take your civil partnership certificate with you

jetzeng
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Post by jetzeng » Thu Oct 27, 2011 1:16 pm

Guerro wrote:No visa required if you are travelling with or joining your eea spouse. Remember to take your civil partnership certificate with you
see the email reply from italy london office!!


Dear Sir,
as you know, Italian authorities do not recognise civil partnership.
You need a visa to go to Italy.
Regards,
paola manti
visa office



--------------------------------------------------------------------------------
Da: hotmail.com]
Inviato: giovedì 27 ottobre 2011 11.28
A: Consolato d'Italia nel Regno Unito Londra Visti
Oggetto: [?? Probable Spam] Civil partner of EU citizens visa question


Dear Sir or Madam:

I am a Civil partner of German, and I have RESIDENCE DOCUMENTATION "Residence Card of a Family Member of an EEA National" from UK homeoffice, as well as our civil partner certificate from UK. We plan to travel to Rome togetehr for 3 days.

Do I need visa?


Accroding to your website:

"EU Directive 2004/38/CE

PLEASE NOTE: The EU Directive 2004/38/CE has been implemented in Italy. Therefore, for family members of EU citizens who do not have the nationality of a Member State, but have the NEW residence permits issued by the British Home Office bearing the following wording: RESIDENCE DOCUMENTATION
"Type of Document: Residence Card of a Family Member of an EEA National"
will not need a Schengen visa for a SHORT STAY in Italy if accompanied by the EEA national OR if traveling to join them. Bringing a copy of marriage certificate or proof of relationship is advisable.
"
I guess I do not need Visa if we travel together to Italy, Please confirm it.

Regradz
jet

mcovet
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Post by mcovet » Thu Oct 27, 2011 7:05 pm

dear sir, please note that you will need a visa as you are not classed a family member of an eea national for italians. However, you are classed a person in a durable relationship duly attested and therefore they should assist you in obtaining a visa and any denial must be justified. So, apply with the docs required and pay the fee and you will get a Schengen visa 100%. The problem of not recognising civil partnerships is quite a large scale issue (the French have exactly the same rules) so you will have to put up with this crap for a long time when going to places like that.

One piece of advice, why don't you go through Belgium (or the Netherlands) which recognise same sex partnerships and you won't need a visa when entering together. From there, you can go anywhere you like in Continental Europe without a visa and problem solved! That would of course involve taking a train/plane to Belgium and then another train to Italy, but at least this is a solution for short term arrangements where you don't have time to get the visa.

jetzeng
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Post by jetzeng » Thu Oct 27, 2011 7:40 pm

mcovet wrote:dear sir, please note that you will need a visa as you are not classed a family member of an eea national for italians. However, you are classed a person in a durable relationship duly attested and therefore they should assist you in obtaining a visa and any denial must be justified. So, apply with the docs required and pay the fee and you will get a Schengen visa 100%. The problem of not recognising civil partnerships is quite a large scale issue (the French have exactly the same rules) so you will have to put up with this crap for a long time when going to places like that.

One piece of advice, why don't you go through Belgium (or the Netherlands) which recognise same gender partnerships and you won't need a visa when entering together. From there, you can go anywhere you like in Continental Europe without a visa and problem solved! That would of course involve taking a train/plane to Belgium and then another train to Italy, but at least this is a solution for short term arrangements where you don't have time to get the visa.

Thanks alot, we will get schengen visa from germany embassy fro free, then travel to italy with schengen visa!!

It's just feel so discrimnation, cant believe italy is worse than some afican country in human right!!!
shame on italy!!

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Oct 27, 2011 8:01 pm

If one holds a residence card, then one should be exempt from visa requirements. I think the Italian interpretation is rather unfair and restrictive. They would for example recognise a residence permit from Germany issued under Germany's immigration laws (I note your partner is German).

By the way, I don't think the Germans would take too kindly in dealing with make free visa applications for people who do not actually intend to enter Germany. They would be entitled to refuse to issue a visa if you told them as much. One is supposed to apply to the country of main destination.

jetzeng
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Post by jetzeng » Thu Oct 27, 2011 8:37 pm

EUsmileWEallsmile wrote:If one holds a residence card, then one should be exempt from visa requirements. I think the Italian interpretation is rather unfair and restrictive. They would for example recognise a residence permit from Germany issued under Germany's immigration laws (I note your partner is German).

By the way, I don't think the Germans would take too kindly in dealing with make free visa applications for people who do not actually intend to enter Germany. They would be entitled to refuse to issue a visa if you told them as much. One is supposed to apply to the country of main destination.
No, we will go to germany fro xmas anyway for 10 days, so I will still use the visa, and compare to travel to italy fro few days, germany is still my main destination...

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Oct 27, 2011 8:56 pm

That would be fine then. I still don't see why Italy should not allow entry with your residence card in the first instance.

If you are going to Germany via Italy, then you shouldn't have a visa problem.

It would be worth making a complaint to Solvit Germany regarding Italy's position. It may result in the advice the embassy give changing (for others even if there's not enough time for you).

jetzeng
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Post by jetzeng » Thu Oct 27, 2011 9:02 pm

EUsmileWEallsmile wrote:That would be fine then. I still don't see why Italy should not allow entry with your residence card in the first instance.

If you are going to Germany via Italy, then you shouldn't have a visa problem.

It would be worth making a complaint to Solvit Germany regarding Italy's position. It may result in the advice the embassy give changing (for others even if there's not enough time for you).
I know, but look at second post above, i even quote their own website, but they just ignore about my eea2 card, only focus on civil partnership!!!

their website siad:

"EU Directive 2004/38/CE

PLEASE NOTE: The EU Directive 2004/38/CE has been implemented in Italy. Therefore, for family members of EU citizens who do not have the nationality of a Member State, but have the NEW residence permits issued by the British Home Office bearing the following wording: RESIDENCE DOCUMENTATION
"Type of Document: Residence Card of a Family Member of an EEA National"
will not need a Schengen visa for a SHORT STAY in Italy if accompanied by the EEA national OR if traveling to join them. Bringing a copy of marriage certificate or proof of relationship is advisable.
"
I have Residence Card of a Family Member of an EEA National, but they just ignore that!!

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Oct 27, 2011 9:47 pm

I know I read it. That might be the opinion of one person in the embassy, not sure how widespread this is. Maybe others will have come across this.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Oct 27, 2011 9:50 pm

Don't forget to complain to Solvet. It may not have an immediate result, but if no one complains, then there will be no change.

jetzeng
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Post by jetzeng » Thu Oct 27, 2011 9:50 pm

EUsmileWEallsmile wrote:Don't forget to complain to Solvet. It may not have an immediate result, but if no one complains, then there will be no change.
how and where to?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Oct 27, 2011 9:54 pm

Start here. Hopefully you'll find the links

http://ec.europa.eu/youreurope/citizens ... dex_en.htm

mcovet
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Post by mcovet » Fri Oct 28, 2011 9:21 am

Eusmiles, that's not the position of one person in the embassy but of the whole country! Unless they also have same sex marriages they will not treat civil partnerships akin to marriage and will not regard him a family member (i.e. a spouse) but rather a person in durable relationship. Having said that, apart from having to pay for the application, he can still rely on te Directive and they cannot refuse visa lightly.

By the way, if any complaint should go out, it should be addressed to Solvit Italy and not German solvit! But it would not change anything as the issue has been debated at international level yet member states are allowed to set their rules.

Additionally, even though he has to pay for a visa, if they travel to France together, even though france has the same rules, he could get in without one at the border. Same should go for italy i guess and they could not legally turn u away at the border. But getting a visa is much advised as avoids unnecessary contact with immigration officials at the border.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Oct 28, 2011 12:55 pm

Zetzeng, what is your nationality? Are you a visa national under Schengen rules?

Your family status has been accepted for EU purposes (Uk issued residence card) and so you should not require a visa for Italy if traveling with or accompanying your EU family member. All you need is the residence card and of course passport. If you read through the Schengen visa guide it says as much.

http://ec.europa.eu/home-affairs/polici ... 620_en.pdf

It would be different if you were to apply for an Italian residence card in Italy on the basis of your civil partnership. Italy does not have an equivalent, but as others have pointed out if this was something you and your partner wished to do, you could do so as a durable relationship.

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