Visas are denied to more people than you can imagine, and for different reasons. Sometimes there is no real explanation and many of these contain generic sentences, stereotypical formulas, often unfounded.
You can appeal to the refusal of the visa by applying to the administrative court for the annulment of the action.
The reasons for refusals of visa
The reasons for refusal of visa are provided by Article 32 of the Community Visa Code, established with EC Reg. No. 810/2009 of 13/07/2009 according to which:
Refusal of a visa
1. WithoutprejudicetoArticle25(1), a visa shall be refused:
(a) if the applicant:
(i) presents a travel document which is false, counterfeit or forged;
(ii) does not provide justification for the purpose and conditions of the intended stay;
(iii) does not provide proof of sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or is not in a position to acquire such means lawfully.
(iv) has already stayed for three months during the current six-month period on the territory of the Member States on the basis of a uniform visa or a visa with limited territorial validity;
(v) is a person for whom an alert has been issued in the SIS for the purpose of refusing entry;
(vi) is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; or
(vii) does not provide proof of holding adequate and valid travel medical insurance, where applicable.
(b) if there are reasonable doubts as to the authenticity of the supporting documents submitted by the applicant or the veracity of their contents, the reliability of the statements made by the applicant or his intention to leave the territory of the Member States before the expiry of the visa applied for.
The most frequent reasons for refusal are, without doubt, the risk of migration which occurs when the applicant, once he has obtained a visa and thus free access to Italy, no longer returns to his country of origin, allowing the expiry of the document and resulting in an irregular migrant.
In these cases, it is sufficient to demonstrate the deep link with your country, and you have the financial means to ensure both your livelihood during your stay and your return to your country of origin or residence.
The EU Commission of 19.3.2010 identified the following individual stability indices to “test” the visa applicant’s intentions:
- The visa applicant’s existence of family or other personal ties in the country of residence;
- Family ties or other personal ties in the Member States;
- Marital status;
- The employment status (salary level, if employed);
- The regularity of income (employees, self-employment, pension, investment income, etc.) of the applicant or spouse, children or dependents;
- The level of income;
- Social status in the country of residence (e.g. elected to a public office, representative of an NGO, profession of high social status such as lawyer, doctor, university lecturer);
- Ownership of a house or real estate.
If these checks are not sufficient, the Commission could assess the following additional risk parameters:
- Previous irregular stays in Member States;
- Previous abuse of the Member States’ social security system;
- Succession of several visa applications (for short or long stays) submitted for different purposes and unrelated to each other;
- Credibility of the host entity when a letter of invitation is submitted.
Other types of refusals
Denial of Visa for family reunification
Family reunification brings together family members living in different countries.
The rejection may depend on an incorrect organization of documents, or on insufficient evidence of relationship (spouse and other visa partners) or from application for the wrong type of visa.
Denial of Tourist Visa
Tourist Visa denial often depends on flaws in the documentation submitted.
It is always important to clearly specify the purpose and conditions of the stay, the availability of means of subsistence, the type of accommodation, and the possible invitation from an Italian resident (Italian or legally residing foreigner).
Denial of Work visa
The denial of a work visa, whether self-employed or subordinate, can be challenged before the Regional Administrative Court, since it is a legitimate interest and not a subjective right.
Usually, this type of visa is denied if there are doubts about the authenticity of the work contract, or for lack of available quotas for the entry of additional foreign workers or, simply, if there are flaws in the documentation submitted.
SIS (Schengen Information System)
The SIS (Schengen Information System) is a computer network, provided for and governed by Title IV of the Schengen Convention of June 14, 1985, consisting of national databases linked to a central database based in Strasbourg, which contains the data entered by each Member State of the Convention for the purposes provided for therein, namely the control of migration.
The SIS contains information on people wanted by the police or the courts, or believed to be missing, who are prohibited from entering the Schengen area unless they clarify their position first.
All data subjects have the right to:
• access data concerning them
• correct inaccurate data or delete data unlawfully stored in the system.
Any person who is the subject of return alerts or alerts for refusal of entry and stay shall have the right to be informed.
All the persons concerned shall have the right of access to the courts or authorities competent to do so, rectify or delete the data or to obtain compensation for damage suffered as a result of breaches of data protection law in any of the countries using the SIS.
Through the SIS, categories of alerts and a large number of data are shared, which will allow the authorities of the countries using the SIS to have more complete and reliable information.
From autumn 2022, the SIS will contain new categories of alerts such as the following types of biometric data to confirm and verify the identity of persons registered in the system:
DNA profile records (only in relation to missing persons)
Fingerprints, palm prints, fingerprints and handheld fingerprints will be used for biometric searches through the automatic fingerprint recognition system in the SIS.
In case of refusal of a Schengen visa or national visa, it is possible to have recourse, through a specialized lawyer, to the Regional Administrative Court of Lazio (T.A.R of Lazio), within 60 days from the notification of the refusal.
Only if the application has been made for family reasons and has been rejected, you can appeal, always through a lawyer, without time limit, to an ordinary court.