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Italian with recently expired M1 student visa wants to visit Italy & return to NYC

Although I had requested an extension before my visa expired I have not heard back from the government.

I need to go to Italy in August, & wish to return to NYC in September. Will I be allowed to return if my visa has not been renewed by then?

Can you be denied boarding in Italy for not having a visa to the UK?

As to the first part of your question: Because airlines are required (under their agreements with the countries into which they fly) to return to the point of departure at the airline’s expense travelers who are refused admittance at their destination, air carriers are scrupulous to check passenger admissibility before allowing them to board the flight.

Airlines use the IATA database of TIMATIC for this purpose. TIMATIC will advise (correctly) that a Venezuelan national requires a visa to enter the UK. As @phoog points out in the comment below, there’s an exception for holders of a carta di soggiorno di familiare di cittadino dell’Unione; with that card, and if she is traveling with or going to join her husband in the UK, she’ll be allowed to fly. If, however, she holds only a permesso di soggiorno, she will not be permitted to board the Milan > UK flight.

As to the second part of your question: If your wife can get to the UK border without flying (say, by taking a train to Paris and presenting herself at the juxtaposed UK immigration controls at Eurostar in Paris), she can present the packet of documents you list to UK immigration as she attempts to board the Eurostar to London. As with flying, if she holds a carta she should be allowed to travel to the UK. If she does not, I do not know if the remaining documents will assure her entry to the UK.

If she were refused, or you decide to delay your return to the UK to avoid the uncertainty, you’ll have to wait to secure a visa when consular offices and their contractors begin work again.

indian citizens – Can I re-enter Italy with Carta di identità and Carta di soggiorno?

do I need a Schengen visa…

No, you do not. Your Carta di soggiorno is a “residence permit” for the purpose of the Schengen Borders Code. You do not need a visa in addition to that card.

This is at Article 2(16)(a) and Article 6(1)(b). Article 2(16)(a) (emphasis added):

  1. ‘residence permit’ means:

    (a) all residence permits issued by the Member States according to the uniform format laid down by Council Regulation (EC) No 1030/2002 and residence cards issued in accordance with Directive 2004/38/EC;

Article 6(1)(b) (emphasis added):

  1. For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:

    (b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001, except where they hold a valid residence permit or a valid long-stay visa;

Furthermore, the card makes you a “person enjoying the right of free movement under Union law” under the code, so you can use the EU/EEA/CH lanes even though you do not have an EU, EEA, or Swiss passport.

This follows from Article 2(5)(a) and Article 10(2). Article 2(5)(a) (emphasis added):

  1. ‘persons enjoying the right of free movement under Union law’ means:

    (a) Union citizens within the meaning of Article 20(1) TFEU, and third-country nationals who are members of the family of a Union citizen exercising his or her right to free movement to whom Directive 2004/38/EC of the European Parliament and of the Council applies;

Article 10(2):

  1. Persons enjoying the right of free movement under Union law are entitled to use the lanes indicated by the sign shown in Part A (‘EU, EEA, CH’) of Annex III. They may also use the lanes indicated by the sign shown in Part B1 (‘visa not required’) and Part B2 (‘all passports’) of Annex III.

Speaking of passports, you will need your Indian passport in addition to the carta di soggiorno. (That’s in Article 6(a) and in the freedom of movement directive, but I’ll refrain from quoting them here.) Therefore,

…or can I board my flight with my Italian family card?

Not by itself; you’ll also need your passport.

Some may say that you cannot benefit from freedom of movement in Italy because, as the spouse of an Italian, your relationship with Italy is governed by Italian law rather than by EU law. But Italy has passed a law that extends any benefit of the freedom-of-movement directive to the family of Italian citizens.

usa – Returning to US from Italy: will self-quarantine be enforced by law?

I’m an American living in Italy. I’ll be coming home (NJ) for a few days at the beginning of August. I’m thinking that the COVID crisis will have largely calmed down at that point (in Italy it’s almost over), but it is still possible according to CDC guidelines that I’ll be asked to stay at home for 14 days.

Here’s my question: is the self-imposed quarantine enforced by law in the US and in NJ in particular? i.e. is law enforcement checking on people?

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Can you be denied boarding in Italy for not having a visa to the UK?

My wife, a venezuelan national, requires a visa to enter the UK and is flying with me and our son (UK nationals) from Milan Malpensa Italy when Ryanair flights resume on 1st July.

As a family we have EU rights under Directive 2004/38/EC (Surrinder singh), as a family settled in an EU country for 2 years, to enter and settle in the UK.
Since all the visa centres in italy are still closed due to covid19, we could not apply for a Surinder singh visa. We will bring an immigration Solicitors letter together with the relevant documents: marriage cert, proof of residence, work and “centre of life” proofs (all translated) to present to the immigration officer at the border. We have been advised that would be sufficient to make a decision and stamp her passport at border control.

We are concerned that:
Though my son and I may be allowed to board at Milan, my wife may not be allowed, as she currently has no visa stamp in her passport.
We may be separated and she may be sent back to Italy without us. (We have booked a return flight for 2 days just in case)

Does anyone know the likelihood of 1 or 2?