ENTRY VISA FOR ITALY. 2.

The new Schengen Area in 2024. Passport and Travel Documents to enter Italy and the E.U.

 

Schengen Informatio System.

Above all, creating an area of free movement for citizens led to the suppression of controls at the internal borders.

Straightaway, an impactful change would be realized for the Member States adhering to the Schengen agreement of June 14, 1985, and the related implementation convention of June 19, 1990.

Almost all the member states of the European Union have gradually joined this Convention. The United Kingdom, Ireland, and the third states of Norway and Iceland did not join.

An essential part of this project is the Schengen Information System (S.I.S.).

Article 92 of the Convention implementing the Agreement established. The States, therefore, have developed a “Common Archive” for all the so-called “Member States of the Schengen area”.

Hence, the mammoth project has required connecting all national databases to a central database based in Strasbourg, which acts as a crossroads for S.I.S. national data.

As can be seen, data are collected under Article 96 of the Convention for applying the Schengen Agreement.

At this point, directly involved in the Schengen Convention are the Immigration Offices to which applications are addressed to obtain the residence permit.

Correspondingly, among the tasks of Immigration Offices, there are also:

  • the possibility of asking, through the Ministry of the Interior, the Police Authority of the other State adhering to the Convention, which issued the entry notification to revoke it.

Finally, an Authority to which a revocation proposal is forwarded decides at its discretion whether or not to rescind the report.

Be that as may be, the annulment of the report could also have the effect of regularizing the interested party’s stay in Italy.

The Schengen area currently includes the following states:

 

Germany,

Austria,

Belgium,

Croatia,

Czech Republic,

Denmark,

Estonia,

Finland,

France,

Greece,

Hungary,

Iceland,

Italy,

Latvia,

Liechtenstein,

Lithuania,

Luxembourg,

Malta,

the Netherlands,

Norway,

Poland,

Portugal,

Slovakia,

Slovenia,

Spain,

Sweden,

and Switzerland.

Starting from March 31, 2024, Bulgaria and Romania join the Schengen area of free movement of the European Union.

The external borders of the Schengen area.

The external borders represent the external perimeter of the Schengen Area from which border crossings the citizen of a foreign country can enter, such as:

1) land borders;

2) maritime borders;

3) airports;

4) the seaports of the Schengen Area countries that are not internal borders.

The internal borders of the Schengen Area.

Simultaneously, the internal borders represent:

1) the common land borders of the Schengen Area countries,

2) their airports used for domestic traffic and

3) seaports that are exclusively used for regular connections with other ports located in the territory of the Schengen Area countries for passengers.

Citizens of non-foreign countries.

It must be remembered that non-foreign citizens are those from all the countries of the European Union and the European Economic Area. Among these, there are:

Austria,

Belgium,

Bulgaria,

Croatia,

Cyprus,

Czech Republic,

Denmark,

Estonia,

Finland,

France,

Germany,

Greece,

Hungary,

Iceland,

the Republic of Ireland,

Italy,

Latvia,

Liechtenstein,

Lithuania,

the Grand Duchy of Luxembourg,

Malta,

the Netherlands,

Norway,

Poland,

Portugal.

Citizens of foreign countries outside the Schengen Area.

Citizens of foreign countries are those of all other states other than those mentioned above.

That is to say, countries whose citizens need a visa to cross the external borders of the Schengen Area are:

Afghanistan,

Algeria,

Angola,

Saudi Arabia,

Armenia,

Palestinian Authority,

Azerbaijan,

Bahrain,

Bangladesh,

Belize,

Benin,

Bhutan,

Belarus,

Bolivia,

Botswana,

Burkina Faso,

Burundi,

Cambodia,

Cameroon,

Cape Verde,

Central African Republic,

Chad,

the People’s Republic of China,

Comoros,

Congo,

the Democratic Republic of Congo,

North Korea,

Ivory Coast,

Cuba,

Dominican Republic,

Ecuador,

Egypt,

Eritrea,

Ethiopia,

Eswatini (formerly Swaziland),

Fiji,

Philippines,

Gabon,

Gambia,

Ghana,

Jamaica,

Djibouti,

Jordan,

Guinea,

Guinea Bissau,

Equatorial Guinea,

Guyana,

Haiti,

India,

Indonesia,

Iran,

Iraq,

Kazakhstan,

Kenya,

Kyrgyzstan,

Kosovo,

Kuwait,

Laos,

Lesotho,

Lebanon,

Liberia,

Libya,

Madagascar,

Malawi,

Maldives,

Mali,

Morocco,

Mauritania,

Myanmar,

Mongolia,

Mozambique,

Namibia,

Nepal,

Niger,

Nigeria,

Oman,

Pakistan,

Papua New Guinea,

Qatar,

Rwanda,

Russia,

Sao Tome and Principe,

Senegal,

Sierra Leone,

Syria,

Somalia,

Sri Lanka,

South Africa,

Sudan,

South Sudan,

Suriname,

Tajikistan,

Tanzania,

Thailand,

Togo,

Tunisia,

Turkey,

Turkmenistan,

Uganda,

Uzbekistan,

Vietnam,

Yemen,

Zambia,

Zimbabwe.

Countries whose citizens are exempt from the entry visa requirement for a maximum “ninety days” stay.

  • Besides, stays for tourism, mission, study, business, or invitation to a sports competition:

Andorra,

Argentina,

Australia,

Brazil,

Brunei,

Canada,

Chile,

South Korea,

Costa Rica,

Croatia,

El Salvador,

Japan,

Guatemala,

Honduras,

Hong Kong,

Israel,

Malaysia,

Macau,

Mexico,

Monaco,

Nicaragua,

New Zealand,

Panama,

Paraguay,

Singapore,

the United States of America,

Uruguay,

Venezuela,

and the United Kingdom following Brexit.

The exceptions are not only the State of San Marino but also Vatican City, whose citizens are exempt from the visa requirement to enter Italy in any case.

In this situation, the Council and the European Parliament agreed that post-Brexit, U.K. citizens entering the Schengen area for short-term stays (90 days in 180 days) should benefit from visa exemption.

Countries whose citizens are subject to an airport transit visa requirement for Italy:

1) Afghanistan (Afghan citizens are exempt from the obligation mentioned earlier if they hold a residence permit issued by the following countries: Ireland, Liechtenstein, and the United Kingdom.

  • The same applies if they hold an indefinite residence permit from the following Countries: Andorra, Canada, Japan, Monaco, San Marino, Switzerland, and the United States of America);

2) Bangladesh (the same exemptions as for Afghanistan apply);

3) Colombia.

  • Colombian citizens holding a valid residence permit issued by a Member State of the European Economic Area are exempt from the transit visa requirement.
  • Analogous to Canada and the United States of America;

4) Eritrea.

  • Eritrean citizens are exempt from the obligation in question.
  • To this purpose, the passenger holds a valid visa or residence permit issued by a Member State of the European Union.
  • In like manner, if issued by a government party to the Agreement on the European Economic Area of May 02, 1992, from Canada, Switzerland, and the United States of America).

Thereupon, the following countries must comply with the same regulations.

5) Ethiopia (the same exemptions as for Afghanistan and Bangladesh apply);

6) Ghana (the same exemptions as for Afghanistan, Bangladesh and Ethiopia apply);

7) Iran (the same exemptions as for Afghanistan, Bangladesh, Ethiopia and Ghana apply);

8) Iraq (the same exemptions as for Afghanistan, Bangladesh, Ethiopia, Ghana and Iran apply);

9) Nigeria (the same exemptions as for Afghanistan, Bangladesh, Ethiopia, Ghana, Iran and Iraq apply);

10) Pakistan (the same exemptions as for Afghanistan, Bangladesh, Ethiopia, Ghana, Iran, Iraq, and Nigeria apply);

11) Congo and the Democratic Republic of Congo (the same exemptions as for Afghanistan, Bangladesh, Ethiopia, Ghana, Iran, Iraq, Nigeria and Pakistan apply);

12) Senegal (Senegalese passengers holding a valid residence permit issued by a Member State of the European Economic Area, Canada, and the United States of America are exempt from the transit visa requirement);

13) Somalia (the same exemptions as for Afghanistan, Bangladesh, Ethiopia, Ghana, Iran, Iraq, Nigeria, Pakistan, Congo and the Democratic Republic of Congo apply);

14) Sri Lanka (the same exemptions for Afghanistan, Bangladesh, Ethiopia, Ghana, Iran, Iraq, Nigeria, Pakistan, the Democratic Republic of Congo, and Somalia apply).

Border crossings upon entry into Italy.

Indeed, citizens of countries belonging to the Schengen Area or those outside the same area but already coming from another place within the said borders can enter Italy from any border crossing at which there is no control of people.

Concurrently, if they are citizens of Schengen countries coming from outside the area of the same name, the only control at the border crossings is that of citizenship.

Although this may be true, citizens of countries not adhering to the Convention must be considered foreigners.

As a result, there will be admissibility checks by the border authority and consultation with the Schengen Information System (S.I.S.) before entry.

Passports and other equivalent travel documents to enter the Schengen Area.

All things considered, to enter and stay in the Schengen Area, citizens of foreign countries must possess a passport or other travel document recognized as valid for crossing by all Parties adhering to the Convention.

A) The Passport.

 

Indeed, the Passport is an internationally recognized document enabling you to go from one place to another. Can be:

diplomatic service (official, exceptional service, or for public affairs);

ordinary;

individual (with the possible registration of the spouse or minor children);

collective (in the name of groups of no less than five and no more than fifty people, all having the same citizenship and traveling together for the same purpose, usually tourism.)

Accordingly, the fact that a collective Passport does not contain photographs of the travelers must be balanced against them also being equipped with a personal identity document accompanied by a photo).

B) The travel documents that are equivalent to a passport.

 

– for one thing, the Travel Document for Stateless Persons (governed by the “Convention on the Status of Stateless Persons” signed in New York on September 28, 1954).

  • It is essential to realize that it is subject to a visa unless the holder already has a residence permit from a state adhering to the Schengen Agreement;

– secondly, the Travel Document for Refugees (governed by the “Convention on the Status of Refugees” signed in Geneva on July 28, 1951).

  • likewise, it is subject to a visa unless the holder already has a residence permit from a Schengen State or a Member State of the Council of Europe based on the Strasbourg Agreement of April 20, 1959;

the travel document for citizens of foreign countries. It is issued to citizens who cannot receive a valid travel document from the authorities of the country of which they are citizens.

  • In this case, the applicable regime is that of the visa in force for the government of which the interested party is a citizen;

the Navigation Booklet (governed by the “International Labor Convention” number 108 of May 13, 1958, and specific bilateral agreements).

  • Specifically, it is issued to seafarers to exercise their professional activity.
  • Meanwhile, the regime is that of the visa in force for the country of which the interested party is a citizen.
  • As an exception to the territorial jurisdiction principle, each Italian Representative may affix a “limited territorial validity” visa to the navigation booklet.
  • As long as transit is up to five days at the shipping company’s request.
  • From time to time, this request must indicate the port, the ship, and the date of embarkation or disembarkation of the maritime worker. It must be endorsed for confirmation by the competent Italian port authority;

The three following documents stick out as being required in diplomatic scopes.

– firstly, the Air Navigation Document (governed by the “Civil Aviation Convention” signed in Montreal on December 07, 1944).

  • If entry is based on reasons relating to professional activity, then it is exempt from a visa in countries adhering to the Chicago Convention of March 25, 1949, or which have a reciprocity agreement to this effect;

– secondly, the United Nations Pass (governed by the “Convention on the Privileges and Immunities of Specialized Institutions” adopted by the United Nations General Assembly in New York on November 21, 1947).

  • For this purpose, the Secretary of the United Nations issues it to the same Organization’s staff and that of dependent institutions. Also, in this case, the visa regime is that of the country of which the interested party is a citizen;

– third, the Document the N.A.T.O. headquarters releases to military personnel employed by the same.

  • It’s governed by the “convention between the States participating in the North Atlantic Treaty” signed in London on June 19, 1951, and ratified by Italy with Law number 1335 of November 30, 1955).

In addition, they can be individual or collective and are visa-exempt.

the List of participants in school trips within the European Union (governed by the “Joint Action” of the Council of the European Union of November 30, 2994).

  • For that reason, it is visa-exempt;

– till the Pass. It is a replacement sheet for the Passport used for repatriation or minors or, in other cases, where a person is authorized to travel to multiple states despite having a regular travel document.

  • On balance, the visa regime is that of the country of which the interested party is a citizen;

– lastly, the Laissez-passer or border card. It is granted to citizens domiciled in border areas or for transit from the border itself and circulation in the corresponding regions of neighboring states.

  • Under those circumstances, it is visa-exempt.

Identity cards valid to leave the country of European Union citizens are also visa-free.

Also, it applies to personal and other documents of citizens of states adhering to the European Agreement on the abolition of passports, signed in Paris on December 13, 1957.

The availability of financial means.

Another critical point is that the disposal of financial means represents one of the fundamental prerequisites for the citizens of a foreign country to access the Schengen Area.

In this regard, for the Consolidated Law on immigration (Legislative Decree no. 286 of 1998), the Italian Ministry of the Interior was able to issue the Directive of March 01, 2000.

Consequently, the “means of subsistence for the entry and residence of foreign countries citizens in the state’s territory” is defined and published in the Official Gazette no. 64 of March 17, 2000.

In addition, with the same purpose, the Schengen Executive Committee in Paris issued the Common Consular Instruction (I.C.C.) on December 14, 1993, and then amended it on December 16, 1998.

Equally important is what the Directive above of the Italian Ministry of the Interior established.

In essence, the availability of financial means can be demonstrated by showing cash.

For the same purpose, bank guarantees, insurance guarantees or equivalent credit securities, prepaid service certificates, or deeds proving the availability of sources of income in Italy can be obtained.

Furthermore, the citizen of a foreign country must indicate an actual address where suitable (i.e., adequate to be inhabited) accommodation is located on the national territory.

Coupled with the availability of the sum needed for repatriation (such as possession of the ticket back).

The means of subsistence required for entry into the national territory are divided into brackets based on duration classes and whether one or more than two passengers are involved.

The subsistence requirements concern entries for:

 

– business;

– medical care (with a possible companion);

– sports competition;

– pilgrimage or religion;

– study;

– transit;

– transportation;

– tourism.

Currently, for a trip lasting from 1 to 5 days, the overall fixed fee is equal to:

 

  • € 269.60 in the case of one participant;
  • € 212.81 in the case of two or more participants.

From 6 to 10 days, the daily rate per person is equal to:

 

  • € 44.93 in the case of one participant;
  • € 26.33 in the case of two or more participants.

From 11 to 20 days, the fixed fee is equal to:

 

  • € 51.64 in the case of one participant;
  • € 25.82 in the case of two or more participants.
  • The daily cost per person, however, is € 36.67 in the case of one participant and € 22.21 in the case of two or more participants.

Over 20 days, the fixed fee is equal to:

 

  • € 206.58 in the case of one participant;
  • € 118.79 in the case of two or more participants.
  • The daily cost per person, however, is € 27.89 in the case of one participant and € 17.04 in the case of two or more participants.

Listen to this Article on the following Podcast (this Podcast will last 23:18 minutes):

 

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Also, look at related content from the European Parliamentary Research Service on the Schengen Area in the following media:

“Italynlaw” Law Firm issued this Article.

Image 18: Spire of the Milan Cathedral – Lombardy (Italy).

Source: “Italynlaw” Law Firm.

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