# Marraige Visa



## RosieDee (Jan 6, 2016)

Hi there,

I am an Australian currently living in Italy. I work for a UN Agency here.

I have been with my partner who is Italian for 2 years and we have been living together in Italy for the past year.

I now have the opportunity to apply for a work visa with the extension of my contract but as we intend to marry, I thought to apply for a marriage visa instead as it will allow me to move around Italy and Europe more easily with him and my residency will go beyond the length of my work contract.

I would like to know the best way to go about arranging this. I understand that you probably can't apply for a marriage visa before being married, but is it possible to apply for a visa to reside and work within Italian if the wedding is already arranged. If not could I apply for and get the work visa, and marry in Italy then later change the status of my residence within Italy without having to return to Australian to get a new visa for marriage.

Your assistance is much appreciated.


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## BBCWatcher (Dec 28, 2012)

RosieDee said:


> I understand that you probably can't apply for a marriage visa before being married....


Correct, but you don't actually need a visa. You're already in Italy. You get married, and then you apply for a new residence permit (Permesso di Soggiorno, or Carta di Soggiorno -- apply for the latter, but don't be too surprised if you're issued the former) on the basis of marriage. The CdS has a longer term than the PdS, but either works.

They aren't visas, though. Visas are for entry, and you've already done that. So you can skip that part. You just get married then get a new residence permit. You can do all that inside Italy -- no need to go back to Australia to the Italian consulate or anything like that. You can apply at either the questura or post office, as you prefer. (Spouses get choice of venue for their CdS/PdS application.)

If you wish you can apply for acquisition of Italian citizenship after two years of marriage if you're living in Italy (half that if you have a child together), and it then takes up to two years for your citizenship to be approved. So figure about 4+ years after marriage if you wish to follow that particular path.


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## RosieDee (Jan 6, 2016)

BBCWatcher said:


> Correct, but you don't actually need a visa. You're already in Italy. You get married, and then you apply for a new residence permit (Permesso di Soggiorno, or Carta di Soggiorno -- apply for the latter, but don't be too surprised if you're issued the former) on the basis of marriage. The CdS has a longer term than the PdS, but either works.
> 
> They aren't visas, though. Visas are for entry, and you've already done that. So you can skip that part. You just get married then get a new residence permit. You can do all that inside Italy -- no need to go back to Australia to the Italian consulate or anything like that. You can apply at either the questura or post office, as you prefer. (Spouses get choice of venue for their CdS/PdS application.)
> 
> If you wish you can apply for acquisition of Italian citizenship after two years of marriage if you're living in Italy (half that if you have a child together), and it then takes up to two years for your citizenship to be approved. So figure about 4+ years after marriage if you wish to follow that particular path.


Thank you so much!. Unfortunately my PdS has expired. I entered on a working holiday visa which apparently means that the PdS cannot be renewed or changed. I had submitted an application on bad advice to change and extend it. It is currently with the Immigration office being processed but it had officially expired on 2 November 2015 (of course I submitted the application before the expiry date) and the officers at the immigration office have said that they don't like my chances. I will need to go out of Italy in the next week for and as I have no documentation other than copies of my application, would you know if I'll have issues returning to Italy?. By February 2nd my 3 months leeway will have also expired so I'm concerned that I won't be able to reenter Italy. I do have a job in Italy so I can return to Australia to get a work visa but its an expensive trip as well as the cost of reapplying and preparing all of the documentation. Your help is very much appreciated.


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## BBCWatcher (Dec 28, 2012)

Australian citizens don't ordinarily need visas for short visits (90 days or less) to the Schengen Area. However, you have to stay out of the Schengen Area for at least 90 days before attempting to reenter on a visa waiver in order to "reset your Schengen clock." More precisely, the requirement is not to exceed 90 days out of any/every 180 days. You're currently using up your 90 days past your PdS expiration. Italy doesn't actually have a finacé(e) visa, so your next entry (when allowed) would be/can be as an ordinary tourist, and you don't need a visa for that.

You could conceivably "camp out" nearby in the United Kingdom or Ireland as an ordinary tourist if you like, with the usual tourist requirements met (proof of adequate funds, accommodation, onward or return air ticket). The U.K. routinely grants 6 month stay permission to Australian tourist visitors.

Another option if you and your beloved are ready is to pop over to Denmark for a weekend, get legally married there, get a Danish marriage certificate (in "international format"), and then apply for your residence permit as the spouse of an Italian citizen. Denmark is the easiest, quickest place in the EU to get married, although Gibraltar is pretty good too. Your Italian citizen spouse will need to register the marriage through the Italian embassy in Copenhagen as well, but that can be handled by postal mail if necessary. Then you can have whatever grand wedding party you want in Italy (or elsewhere) for families and friends whenever you want, if you want. There are marriage companies in Denmark that can arrange everything if you like, and for not much money (a few hundred euro usually) if you just want something simple.

Once you're a legal spouse, you can't be kicked out of Italy (where you live with your citizen spouse) unless you're a proven security risk, although you do need to complete your residence permit formalities to get regularized.


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## RosieDee (Jan 6, 2016)

BBCWatcher said:


> Australian citizens don't ordinarily need visas for short visits (90 days or less) to the Schengen Area. However, you have to stay out of the Schengen Area for at least 90 days before attempting to reenter on a visa waiver in order to "reset your Schengen clock." More precisely, the requirement is not to exceed 90 days out of any/every 180 days. You're currently using up your 90 days past your PdS expiration. Italy doesn't actually have a finacé(e) visa, so your next entry (when allowed) would be/can be as an ordinary tourist, and you don't need a visa for that.
> 
> You could conceivably "camp out" nearby in the United Kingdom or Ireland as an ordinary tourist if you like, with the usual tourist requirements met (proof of adequate funds, accommodation, onward or return air ticket). The U.K. routinely grants 6 month stay permission to Australian tourist visitors.
> 
> ...


Thank you, thank you, thank you!. You have been such a great help. Denmark is viable so I will do a little research and update you on my findings. Again thank you so much, it's very hard to get information in Italy as a non Italian speaker so this has been a wonderful help.


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## BBCWatcher (Dec 28, 2012)

Check out Ærø, specifically. That's perhaps the most popular place in Denmark where bi-national couples get married. It's Europe's Las Vegas for weddings, basically.


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## RosieDee (Jan 6, 2016)

BBCWatcher said:


> Check out Ærø, specifically. That's perhaps the most popular place in Denmark where bi-national couples get married. It's Europe's Las Vegas for weddings, basically.


Thanks again 

And just to confirm, once I am a legal spouse, I won't need a visa to enter Italy again?. I'm heading to the local Questura to scope about my options this afternoon so can also ask there.


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## BBCWatcher (Dec 28, 2012)

No, you wouldn't. But Denmark is inside the Schengen Area anyway, so you wouldn't be exiting/reentering. Visas are for entry, and you're already in -- still legally at the moment. It's your residence permit that documents your right to stay in Italy, and marriage to an EU/EEA citizen makes you eligible for a new residence permit on that basis.

Note that Danish authorities conduct a basic check to make sure you're present legally (not an overstayer) when you get married there.


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## Bevdeforges (Nov 16, 2007)

Just to clarify - no, you won't need a visa to enter Italy after your marriage in Denmark. However, you will still be on your original 90 day "Schengen Visa" (i.e. the entry stamp in the passport that starts the clock ticking) - so make sure you don't exceed 90 days from entry to Denmark for the festivities to return to Italy to start the process for a residence permit.
Cheers,
Bev


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## RosieDee (Jan 6, 2016)

Bevdeforges said:


> Just to clarify - no, you won't need a visa to enter Italy after your marriage in Denmark. However, you will still be on your original 90 day "Schengen Visa" (i.e. the entry stamp in the passport that starts the clock ticking) - so make sure you don't exceed 90 days from entry to Denmark for the festivities to return to Italy to start the process for a residence permit.
> Cheers,
> Bev


Thanks for your reply.

It's a bit more complicated than that. I have been in Italy on a vacanze lavoro visa. It expired on 02/11/15 along with my PdS of the same category. I had applied for a change of category to a lavoro PdS beforehand but later learned that it is not possible to renew or change the category of a vacanze lavoro PdS. I had my appointment at the Office of Immigration on the 09/11/15 and they had expressed this fact to me and told me that my application was "blocked". In the meantime I referred the consultant who had been assisting me on the application and she said that there is nothing in writing to say so and assisted me in submitting a letter to argue this via fax. I later went to the Office of Immigration to follow up. The officer said that while it is still being processed he clearly indicated to me that it would eventually be declined. I have the receipt for the application but the date of the appointment is of course for months ago and I'm not sure whether I'm now eating up my schengen waiver days or if I'm in a sort of application limbo. Also note that as a result of my circumstances, my last schengen stamp is from 2014 when I first entered Italy. I haven't been out of Italy since. The application receipt itself allows you to move in and out of Italy while your application is being processed however you cannot move in and out of the schengen area without a valid PdS. Entry and exit of Italy while waiting for the renewal of the Permit to - Progetto Melting Pot Europa[/url]). This will be a problem for entering Denmark potentially making Gibraltar a better option. 

Your help on this would also be much appreciated but I can understand that it might be useful just to start another thread on my vacanze lavoro PdS debacle. As I mentioned earlier, there doesn't seem to be anything in writing regarding the extension or change of this kind of PdS. If that could somehow be approved and extended, I would have plenty of time to organise a nice marriage here in Italy.

Thank you both very much.


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## BBCWatcher (Dec 28, 2012)

I think your status in the Schengen Area for purposes of getting married in Denmark is fine, for now. But if I'm wrong, that'll be caught when you submit your paperwork wherever you're getting married. They usually ask for it ahead of time -- scanned copies via e-mail -- so that everything runs smoothly when you get there. Yes, you would include your PdS receipt even if you know it's not going to be approved. It's the current reality -- Italy has given you a stay of execution, as it were -- and that's fine.


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