Sojourners permit for my Thai wife

7POSTS

12 years ago

Hello everyone, I am currently living in Naples, Italy. I am in the U.S. Navy and stationed here for 2 years, my wife recently applied for a visa at the italian embassy in bangkok to come and visit me here for 90 days but when she submitted all the paper work she was told that the only visa she could get is the type D national visa? the problem with this is that we dont have a Nulla Osta because they are issuing her the visa on the grounds that I am a member of the Nato forces stationed here in Italy,

I'm wondering if I can go the local Sportello Unico or the post office and apply for a sojourners permit once she gets here or will the fact that we dont have a nulla osta be a problem? I know that you supposedly need the nulla osta to get the visa for entry, but what if you get the visa without the nulla osta? can we still apply for a sojourners permit without it? or is that part of the process for that as well? I know this sounds extremely complicated but I would be EXTREMELY thankful if anyone might have some helpful information for me, thanks in advance, chiow!

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Dani Mariani New member

4POSTS

12 years ago

Hi Chiow! What kind of permesso di soggiorno do you have in Italy and for how long it was issued?

chi11wi1181 New member

7POSTS

12 years ago

Chiow! I am in the military, and I have orders here so I cannot get a permesso di soggiorno... all I have is my orders and my military ID, that's why its so complicated, I don't have a resident permit so I am worried that this will cause an issue when I go to the sportello unico to apply for her sojourners permit, PLEASE HELP!!!

chi11wi1181 New member

7POSTS

12 years ago

P.S. my military orders are for the Naval base in Naples and they are for two (2) years, I will be leaving Italy in July 2014... and THANK YOU for reading and responding to my post, I'm hoping that I can get some help with this because as you know we will only have 8 days once she gets here next month... thanks

Dani Mariani New member

4POSTS

12 years ago

If you don't have any kind of permesso will be a hard deal.聽 Anyway, European law ensure the right of family reunion, so the only option is you apply for聽 permesso at posta and go to the appointment taking your contract and explaining the situation.聽 Probably they will refuse and you can appeal at Tribunal.聽 If you lose the case (from my point of view you would win, but you never know) you can still appeal at European Tribunal of human rights.聽 In this wile they must give her a "judicial permesso" and probably everything will take more than 2 years.

Dani Mariani New member

4POSTS

12 years ago

While

chi11wi1181 New member

7POSTS

12 years ago

thank you so much for the information, I am only hoping that since the embassy is giving her the visa to come here because I am in the military, maybe the immigration office will give her the sojourners permit also.... hey I just read that you're a lawyer! maybe I can hire you to help us with this ordeal???? LoL

italianlawyer Member

23POSTS

12 years ago

Dear Chiow,
If the intention of your wife is visiting you only for 90 days she will not need to apply for any permesso di soggiorno as it will be enough obtaining the only visa for tourism reason. You would need to apply for a visa for family reunion reason in the case of a longer stay.

If the Italian Embassy in Bangkok refused the visa request of your wife I suggest you to present a further request with a more complete documentation in order to avoid any appeal.

In fact, against the refuse of the Italian Embassy you can apply to the Administrative Tribunal of Rome within 90 days you got their response but knowing the time of the Italian justice it will not the quickest way to let your wife come to italy.

Let me paste you the link of a guide for you to know more about visa and residence permit:

Ciao

Marco

chi11wi1181 New member

7POSTS

12 years ago

Thank you for you answer my friend,

I am waiting now to find out what kind of visa they will give to her, they tell her that they will give the 2 year visa because we are married, I am only worried because I do not have a document from the sportello unico and I think this might be a problem when we apply for residence permit, do we need a Nulla Osta to apply for residence permit also? what if the embassy gives her a visa with no nulla osta? thanks again

italianlawyer Member

23POSTS

12 years ago

#10

Dear Chiow,

In the case you wish your wife stay longer than 90 days, the procedure will be a little more complicated but it will not be impossible.聽
Indeed, you can apply for a visa for family reunion reason but earlier you will need to obtain the nulla osta from the Questura of Neaples that is essential.
Indeed, at the Sportello Unico they will require you some documents and afterwards they will relese you the nulla osta. In the case the Sportello Unico would refuse it you can appeal to the Tribunal of Neaples.
Anyway, if more than 90 days have elapsed since you requested the nulla osta to the Sportello Unico, you can send the copy of such request to your wife to serve it to the Italian Embassy as it will avoid you to wait further for the nulla osta.

Good luck

Marco

chi11wi1181 New member

7POSTS

12 years ago

#11

Okay, thank you,
but if I live in Gricignano do I still go to the Naples prefecture or is there a sportello unico near to gricignano? and what if the Embassy gives my wife a visa without having a nulla osta? do I still need a nulla osta to make a sojourners permit?

THANK YOU!!!

italianlawyer Member

23POSTS

12 years ago

#12

If your wife would obtain the visa without the nulla osta she received the grace!!!
So she can come in italy and then applying for the residence permit. For the residence permit I think they would not ask you for the nulla osta, as the nulla osta is needing for obtaining the visa.
For Gricignano the competent prefettura in the one of Caserta, but if you started the procedure in Neples then your file is still there.
Of course you can call the prefecture of Neaples to have more info, but if you have the receipt duly stamped by the prefettura of Neaples proving that you served all the needing documents, maybe is better not to call and waiting the 90 days pass

Good luck

marco

chi11wi1181 New member

7POSTS

12 years ago

#13

Thank you so much for all of the information Marco, I will continue to hope that we will be able to work this out and my wife can come to stay with me, and I will definitely be utilizing your advice, thank you again and I will inform you of how everything goes, she is on her way to the embassy in Bangkok now to receive the Visa!