According to the law, foreigners do not have a "right" for obtaining a visa.
Article 4 paragraph 2 of the Consolidated Act No 286/1998 says that the refusal of the visa does not have to be motivated, except for visa applications for work, family reunification, medical care and study motives.
The refusal must be communicated in the language the applicant understands or, failing that, in English, French, Spanish or Arabic.
The foreign person may appeal to the TAR - Lazio Regional Administrative Court, within 60 days of notification of the outcome.
Only in the case of family reunion or family member' visas' refusal, any appeals may be presented at the Ordinary Court jurisdiction.
The responsibility for issuing visas by the Republic belongs to the Italian Ministry of Foreign Affairs and its diplomatic-consular offices which are responsible for establishing and assessing the possession of the necessary requirements for obtaining the visa itself, which will be issued by the territorially competent Representation according to the place of residence of foreign person.
For the issue of a Uniform Schengen Visa (transit or short stay), the Representation of the Schengen State that is the sole destination or the main one of the trip, is responsible for visa's issue. Where it is not possible to identify - among the various possible stages of the journey - a main destination, the Representation of the Schengen state of first entry - is responsible for visa's issue.
To issue a National Visa (long stay) , the Representation of the Schengen State - the goal of long stay of the foreign.
If the State competent to issue the Schengen visa does not have its own diplomatic or consular representation in the country of residence of foreign person, the Uniform Schengen Visa may be issued by the diplomatic or consular mission of another Schengen State representing it. It is valid for the issuing of National Visas.
The visa does not guarantee the entry to foreigner for sure, as the border Authorities may reject crossing border in case of lacking of means of support and not being able to provide comprehensive information about their stay in Italy, or for the security and public order reasons.
It is not possible to issue any visa (or extension of an existing visa) to the foreign person that is already in Italy.
In case of absolute necessity and urgency, the visa for transit or short stay can be issued directly by the border Authorities (Article 1 Regulation No 415/2003, February 27, 2003).
The visa issued by Italian diplomatic or consular representations allows access, for transit or short stay (up to 90 days), both in Italy and in other countries that apply the same convention, being nominated "Schengen Visa "(USV).
Similarly, theUSV issued by the diplomatic-consular missions of other countries which apply the Convention, allows access to the Italian territory.
The entry visa for long stay (more than 90 days) makes possible the access - and the ability to transit through other Schengen countries - only to and through the territory of the State which has issued the visa, assuming the name of "National Visa".
Translated by Polina Gracheva